Elevator Maintenance Control Program (MCP): Your Best Defense When Claims Arise
When an elevator incident leads to a passenger injury, documentation—not recollection—decides who prevails in court. A well-designed Elevator Maintenance Control Program (MCP) is more than a code mandate under ASME A17.1/CSA B44 § 8.6; it can become the foundation of a successful legal defense for the building owner. Below, Argon Elevator Consulting explains what an MCP is, why it matters, and how keeping it current protects both riders and owners.
1. What exactly is an MCP?
- Unit-specific plan – Lists every component to be inspected, tested, cleaned, lubricated, and adjusted.
- Intervals & procedures – Specifies how often each task is performed and the manufacturer-approved method.
- Performance criteria – Sets tolerances that determine pass/fail during maintenance or routine tests.
- Record-keeping system – Provides paper or digital logbooks and clear on-site access instructions.
Whether stored in a binder in the machine room or in a secure cloud platform, the MCP must be available on site to mechanics, inspectors, and Authorities Having Jurisdiction (AHJs).
2. Code compliance—and liability—rests with the owner
While most owners hire a maintenance contractor to create and execute the MCP, legal responsibility never leaves the owner or their agent. AHJs will cite the owner if the MCP is missing, incomplete, or inaccessible, and courts follow the same logic when injuries occur.
3. Five ways an accurate MCP fortifies your legal position
| Benefit | How it helps in litigation |
|---|---|
| Demonstrates due diligence | Produces the written proof that the owner met the statutory duty of care spelled out in ASME A17.1. |
| Creates a contemporaneous audit trail | Dated entries, signatures, and test results carry more weight than verbal testimony assembled after an accident. |
| Rebuts “notice” allegations | Regular inspections and timely callbacks show hazardous conditions were neither known nor ignored. |
| Clarifies contractor vs. owner roles | A detailed task matrix helps shift liability to the party that actually performed (or failed to perform) the work. |
| Mitigates punitive damages | Consistent adherence to the MCP is evidence of responsible conduct, reducing the odds of a punitive award. |
4. Best-practice MCP habits for owners
- Keep it current – Update after every modernization, alteration, or code revision.
- Retain records for the life of the elevator – Many jurisdictions require lifelong retention; it also bolsters historical proof of care.
- Audit your contractor – Spot-check logbooks for missing signatures, skipped tests, or falsified entries.
- Back up digital logs – Immutable time stamps in the cloud prevent “lost records” claims and satisfy inspectors.
- Ensure easy access – Post login instructions inside the controller cabinet or keep hard copies in a labeled binder.
5. Turn documentation into peace of mind
Safety comes first, but risk management runs a close second. In a lawsuit, an MCP that is complete, accurate, and readily available can:
- Support motions for summary judgment, ending litigation before trial
- Shift liability to contractors or manufacturers when component failure is at fault
- Reduce settlement values, as plaintiffs struggle to prove negligence
Need help building—or benchmarking—your MCP?
Argon Elevator Consulting’s experts can:
- Draft or update MCPs to match the latest ASME A17.1 requirements
- Audit existing maintenance logs and identify compliance gaps
- Train in-house teams on proper record-keeping and digital solutions
- Serve as expert witnesses to interpret MCP evidence during litigation
Protect your passengers, your reputation, and your bottom line. Contact Argon Elevator Consulting today to ensure your Maintenance Control Program is airtight before you ever need to rely on it in court.
