What Happens If a Lift Fails Its Thorough Examination?

What happens if a lift fails its thorough examination? Learn when it must be taken out of service and how defects and repairs should be managed.

What happens if a lift fails its thorough examination? The response depends on the seriousness of the defects found. A lift presenting an existing or imminent risk of serious personal injury must not be used until the defect has been remedied. A defect that could become dangerous may be given a specific repair deadline, after which the lift must not be used if the work remains incomplete.

A thorough examination report may also contain observations that do not require the lift to be taken out of service. These should still be reviewed and managed.

The important point is that “failed” is not a single legal category under the Lifting Operations and Lifting Equipment Regulations 1998, commonly known as LOLER. The competent person records the defects, assesses their significance and states what action is required.

Duty holders must read the complete report rather than relying on a pass label, verbal summary or next examination date.

What happens if a lift fails its thorough examination under LOLER?

The competent person must assess any defects discovered during the examination and determine whether they affect the lift’s safe continued use.

The outcome will generally fall into one of three practical groups:

1. A defect presenting an existing or imminent risk of serious personal injury

2. A defect that could become dangerous if it is not remedied within a specified period

3. An observation or recommendation that does not meet the statutory dangerous-defect threshold

The required response differs for each group.

Existing or imminent danger

Where a defect involves an existing or imminent risk of serious personal injury, the lift must not be used until the defect has been remedied.

The competent person should notify the duty holder immediately and confirm the defect in the written Report of Thorough Examination. The competent person must also send a copy of the report to the relevant enforcing authority.

The lift should be isolated effectively. This may involve taking it out of service, preventing passenger access and displaying appropriate notices while repair arrangements are made.

A lift should not be returned to use merely because a maintenance engineer has attended. The duty holder needs adequate evidence that the dangerous defect has been rectified and that the lift is safe to return to service.

Depending on the nature of the defect and repair, an additional thorough examination may be required.

A defect that could become dangerous

Some defects do not create an immediate risk but could become dangerous if deterioration continues.

The competent person should specify a date by which the defect must be remedied. The lift may be permitted to remain in service until that deadline, subject to any stated limitations or controls.

The duty holder must ensure that:

• The defect is communicated to the appropriate maintenance contractor

• The repair is completed within the specified period

• Any restrictions in the report are followed

• Evidence of completion is retained

• The lift is not used after the deadline if the defect remains unresolved

The repair deadline should not be confused with the date of the next thorough examination. They are separate dates with different purposes.

Other observations and recommendations

A report may include observations that are not classified as dangerous defects. These could identify deterioration, maintenance concerns, housekeeping issues or opportunities to improve reliability.

Although these observations may not require immediate withdrawal from service, they should not be ignored. Addressing them can prevent future defects, breakdowns and avoidable disruption.

Excel Inspection Solutions provides independent passenger and goods lift thorough examinations with written reports and photographic evidence.

Does a lift really pass or fail a thorough examination?

“Pass” and “fail” are convenient everyday terms, but they can oversimplify the legal reporting process.

LOLER requires the competent person to report specified information, including any defect that is or could become a danger to people. The report should state when the next thorough examination is due and, where applicable, the period within which a developing defect must be remedied.

A report could therefore:

• Identify no relevant defects

• Permit continued use while requiring repairs by a stated deadline

• Require immediate withdrawal from service

• Record additional non-statutory observations

• Impose conditions or limitations affecting continued use

• Recommend further investigation or testing

This is why checking only for the word “pass” is inadequate. The duty holder must understand the examiner’s findings and act on every relevant instruction.

A sticker on the lift is not a substitute for reading the report.

What kinds of lift defects can require immediate action?

Whether a defect creates immediate danger depends on the equipment, circumstances and competent person’s assessment.

Potentially serious defects may involve systems such as:

• Suspension ropes, chains or their terminations

• Brakes

• Overspeed governors

• Safety gear

• Landing or car-door locks

• Door interlocks

• Uncontrolled car movement protection

• Hydraulic cylinders and rupture protection

• Structural or load-bearing components

• Buffers and terminal stopping devices

• Electrical safety circuits

• Emergency communication systems

• Access to machinery spaces, shafts or pits

The presence of a defect in one of these areas does not automatically determine its classification. Severity, extent, configuration and foreseeable consequences all matter.

For example, slight wear recorded for monitoring is not equivalent to a critically weakened component. The competent person must use appropriate practical and theoretical knowledge to assess the defect’s significance.

EIS explains the wider examination process in its guide to thorough examinations under LOLER.

Who decides whether the lift must be taken out of service?

The competent person carrying out the thorough examination assesses the lift and reports the defects found.

A competent person must have sufficient knowledge and experience to:

• Detect defects and weaknesses

• Assess deterioration

• Understand the lift’s safety systems

• Judge the significance of a defect

• Determine whether continued use is acceptable

• Set an appropriate remedial period

• Decide whether testing or further investigation is needed

The competent person must also be sufficiently independent and impartial to reach objective conclusions.

The organisation responsible for the lift then has the duty to act on the report. It should not disregard, downgrade or reinterpret a defect because taking the lift out of service would be inconvenient.

A maintenance contractor can provide technical information and complete repairs, but the maintenance contractor should not pressure the competent person to change an independent safety judgement.

Read more about why independence matters in statutory inspection.

Who is responsible for dealing with the defects?

Responsibility will usually sit with the lift owner or the person responsible for the lift’s safe operation.

Depending on the premises and contractual arrangements, this could involve:

• A building owner

• An employer

• A landlord

• A managing agent

• A facilities management provider

• A housing association

• A commercial tenant

• Another organisation exercising control over the equipment

Maintenance contracts and property agreements may allocate practical tasks, but responsibilities should be clear before a defect occurs.

The duty holder should know:

• Who receives examination reports

• Who reviews defect classifications

• Who can authorise an immediate shutdown

• Who contacts the maintenance contractor

• Who communicates with building users

• Who arranges accessibility or operational alternatives

• Who retains evidence of repair

• Who confirms that the lift can return to service

Sending the report to a shared inbox without assigning its actions is not an adequate defect-management system.

What should happen immediately after a serious defect is found?

Where an existing or imminent risk of serious personal injury is identified, the response should be prompt and controlled.

1. Stop normal use

Prevent passengers or unauthorised people from using the lift. The isolation method should be appropriate to the installation and defect.

2. Protect affected areas

A defect may create risks beyond the lift car. Access to landings, machinery spaces, the shaft, pit or surrounding area may also need to be controlled.

3. Inform the responsible people

Notify the building manager, duty holder, maintenance contractor and other relevant parties. People receiving the information should understand the seriousness of the defect.

4. Review the written report

Check the precise defect description, affected component, required action and any restrictions. Do not rely solely on a telephone summary.

5. Arrange competent repair

Repairs should be completed by people with the necessary competence, information and authority. Replacement parts must be suitable for the lift.

6. Consider building users

A lift closure can affect disabled people, residents, patients, visitors, deliveries and emergency arrangements. Alternative arrangements should be proportionate to the building and its users.

7. Obtain evidence of rectification

Retain repair records, engineer worksheets, parts information and any other relevant evidence. A verbal statement that the lift is “sorted” provides little audit value.

8. Confirm whether re-examination is required

A significant repair, replacement of a safety-critical component or another exceptional circumstance may require an additional thorough examination before the lift returns to service.

Can a lift continue operating with defects?

Sometimes, but only where the reported defect does not require immediate withdrawal and all conditions in the report are followed.

A competent person may identify deterioration that could become dangerous and specify a period for repair. Continued use during that period does not mean the defect is unimportant.

The duty holder should consider whether interim controls are needed, such as:

• Increased monitoring

• More frequent maintenance checks

• Restrictions on use

• Reduced operating conditions where technically appropriate

• Additional communication with users

• Earlier repair than the final deadline

Any interim control must be technically valid. Administrative convenience cannot justify continued use where the report requires the lift to be taken out of service.

The HSE’s guidance on thorough examinations and defects explains that equipment must not be used beyond the period specified if a dangerous defect has not been remedied.

Does the enforcing authority always receive the report?

Not every examination report is automatically sent to an enforcing authority.

Where the competent person believes a defect presents an existing or imminent risk of serious personal injury, a copy of the report must be sent to the relevant enforcing authority.

Depending on the workplace, this may be the Health and Safety Executive or the relevant local authority.

The duty holder should not delay action while waiting for the enforcing authority to respond. The immediate responsibility is to prevent unsafe use and arrange appropriate remedial work.

An enforcing authority may follow up the report to check that the risks are being managed. Clear records of isolation, repair and any subsequent examination will help demonstrate the response taken.

Who pays for the repair?

LOLER determines the safety and reporting obligations, not the commercial allocation of repair costs between landlords, tenants, managing agents and contractors.

Who pays will depend on matters such as:

• Ownership

• Lease terms

• Maintenance agreements

• Warranties

• Service contracts

• Responsibility for damage

• Insurance arrangements

These commercial questions must not delay action where a lift presents danger.

A duty holder should avoid assuming that the examination provider will complete the repair. An independent inspection organisation may deliberately avoid maintenance and remedial work to preserve a clear separation between examining the equipment and selling the solution.

Can the maintenance company repair the defect?

Yes, provided the organisation and individuals carrying out the work are competent for the repair.

The maintenance contractor should receive enough information to identify the reported defect accurately. Where the report includes photographs, measurements or component details, these should be supplied with the repair request.

After the work, the contractor should provide a written record explaining:

• What defect was addressed

• What work was completed

• Which components were repaired or replaced

• When the work was completed

• Who completed it

• Whether functional or other tests were performed

• Whether further work remains outstanding

The repair record should be retained with the thorough examination report.

A maintenance invoice alone may not provide enough evidence if it does not identify the lift, defect and work completed.

Is another thorough examination needed after repair?

Not after every minor repair. Whether re-examination is needed depends on the nature of the defect and the work completed.

A further thorough examination may be appropriate following:

• Replacement of a safety-critical component

• A substantial or significant alteration

• Repair affecting structural integrity

• Work affecting brakes, safety gear or other protective systems

• Damage or failure

• A change in operating conditions

• Another exceptional circumstance liable to jeopardise safety

The competent person should determine the examination scope required.

The maintenance contractor completing the repair should not be expected to make an independent judgement on their own work where a statutory re-examination is needed. The duty holder should clarify the requirement with the competent person who issued the report or another suitably competent examiner.

Does the original examination date change after repair?

Not necessarily.

Completing a repair does not automatically create a new six-month or twelve-month examination cycle. Similarly, a targeted re-examination of a repaired component may not amount to a complete periodic thorough examination of the entire lift.

The next due date should be confirmed in writing. Duty holders should not calculate a new date based solely on the repair visit.

For lifts carrying people, the standard LOLER interval is six months unless a suitable examination scheme specifies otherwise. Goods-only lifts are generally subject to a twelve-month interval unless covered by an examination scheme.

The EIS LOLER inspection FAQs provide further guidance on reports, intervals and statutory examinations.

What if the lift is essential for accessibility?

Taking an unsafe lift out of service can create serious practical problems, particularly in:

• Care homes

• Hospitals

• Residential blocks

• Hotels

• Public buildings

• Workplaces with disabled employees

• Buildings where step-free access depends on the lift

Accessibility and operational pressures do not make it acceptable to continue using a lift that presents an existing or imminent risk of serious personal injury.

Instead, the responsible organisation should activate an appropriate contingency plan. This may include:

• Informing affected users promptly

• Providing an alternative accessible route

• Relocating services temporarily

• Arranging appropriate assistance

• Prioritising competent repair

• Reviewing emergency and evacuation arrangements

• Communicating realistic restoration times

The solution must reflect the building, its users and the nature of the lift. Carrying someone manually on stairs or using unsuitable equipment can introduce further risks and should not be improvised.

What if the lift is used for firefighting or evacuation?

A firefighting or evacuation lift can have functions extending beyond ordinary passenger transport. Defects may affect fire-service access, evacuation planning or the building’s fire-safety arrangements.

The responsible person should consider whether a closure affects:

• The fire risk assessment

• The evacuation strategy

• Personal emergency evacuation plans

• Fire-service facilities

• Building management procedures

• Information provided to occupants

• Temporary control measures

The lift should not be described as available for emergency use if a defect prevents it from fulfilling that function.

Specialist fire-safety advice may be needed alongside lift repair and examination. A standard passenger-lift maintenance response may not address the wider implications.

Is a missed examination the same as a failed examination?

No.

A failed or defect-bearing examination means the lift has been examined and findings have been reported. An overdue examination means the required assessment has not taken place by the applicable date.

An expired report does not prove that the lift is defective, but neither does it provide current evidence that deterioration has been identified in time. The duty holder should arrange the overdue examination immediately and make a competent decision about controlling use in the meantime.

Simply booking a future appointment does not retrospectively correct a missed interval.

Common mistakes after a lift examination

Looking only for a pass certificate

A thorough examination report can permit continued use while imposing a repair deadline. Every page and defect entry must be reviewed.

Treating all defects as immediate failures

Some defects allow continued use for a specified period. Unnecessary shutdowns can be avoided by reading the competent person’s classification accurately.

Treating all defects as minor

A familiar maintenance problem can still have serious safety implications. The competent person’s assessment should not be downgraded informally.

Waiting until the repair deadline

A deadline is the final date for action, not the ideal appointment date. Parts availability and access delays should be considered immediately.

Assuming the maintenance company received the report

The duty holder should confirm receipt and acceptance of the repair instruction.

Failing to retain evidence

Keep the examination report, repair record, relevant correspondence and any subsequent examination documentation together.

Returning the lift to service without authority

Make it clear who can remove isolation controls and what evidence is required before doing so.

Ignoring building-wide consequences

Passenger-lift closures can affect accessibility, deliveries and emergency arrangements. These consequences should form part of the response plan.

A practical defect-management process

A reliable process can be organised around six stages.

1. Receive and review

Ensure every thorough examination report reaches a named responsible person who understands its significance.

2. Classify

Separate immediate-danger defects, time-bound defects and other observations. Preserve the competent person’s wording and deadlines.

3. Control

Isolate unsafe equipment and implement any necessary restrictions or contingency measures.

4. Assign

Give each remedial action to a named contractor or responsible person with a clear deadline.

5. Verify

Obtain evidence that the specified defect has been rectified. Arrange further examination where required.

6. Close and retain

Record completion, update the lift register and retain the documentation so the decision can be audited.

For multi-site estates, a central register should identify:

• Each lift and location

• Examination dates

• Defect classifications

• Remedial deadlines

• Assigned contractors

• Current operating status

• Evidence of completion

• Any further examination required

This makes overdue or unresolved defects visible before they are lost across different reports, inboxes and contractor systems.

The practical answer

A lift does not simply receive a universal “pass” or “fail”.

If the thorough examination identifies an existing or imminent risk of serious personal injury, the lift must not be used until the defect has been remedied. The competent person must report the defect and send the required report to the relevant enforcing authority.

If a defect could become dangerous, the report should specify the period allowed for repair. The lift must not continue in use beyond that deadline if the defect remains unresolved.

Other observations should still be reviewed and managed, even where they do not require immediate withdrawal.

The duty holder should isolate unsafe equipment, arrange competent repairs, retain evidence and establish whether a further thorough examination is required before returning the lift to service.

Excel Inspection Solutions carries out independent thorough examinations of passenger lifts, goods lifts, platform lifts and other vertical-transport equipment across the South East and wider UK.

To discuss an examination report or arrange a lift thorough examination, call 01634 907073 or email enquiries@eis-uk.com.

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