In any industry where lifting equipment is used, safety is paramount. The consequences of equipment failure can be catastrophic, leading to serious injury or even fatality. This is where the Lifting Operations and Lifting Equipment Regulations 1998, more commonly known as LOLER, come in. For anyone who owns, operates, or manages lifting equipment, understanding LOLER is not just a good idea—it is a legal obligation. This comprehensive guide will walk you through the core principles of a LOLER inspection, what it requires of you, and why compliance is so crucial for the safety of your workforce and the longevity of your business.
Section 1: What Exactly is LOLER?
LOLER is a set of regulations created under the Health and Safety at Work etc. Act 1974. Its primary purpose is to ensure that all lifting equipment and lifting accessories used in a work environment are safe and fit for purpose. It places a legal duty on what the HSE calls the “duty holder“—the person or organisation that has control over the equipment. This is typically the employer, but it can also be a self-employed person or a person in control of a workplace.
The key requirement of LOLER is that all lifting equipment must undergo a “thorough examination” by a competent person at specified intervals. This is a much more rigorous inspection than a routine maintenance check. It is a systematic and detailed examination by a qualified professional to detect any defects that could pose a risk to the user or anyone in the vicinity.
The regulations cover everything from cranes and hoists to passenger lifts, powered access platforms, and even the simple chain slings and shackles used to attach a load. If it lifts, lowers, or is used to lift or lower, it is almost certainly covered by LOLER.
Section 2: Who Does LOLER Apply To? And What Equipment Is Covered?
The duty holder is the central figure in LOLER compliance. This is the individual or company that owns, leases, or has operational control over the lifting equipment. The regulations are not just for large construction firms; they apply to any business, regardless of size, that uses lifting equipment. This could be a small garage using a vehicle lift, a theatre using a stage hoist, or a logistics company with a fleet of forklift trucks.
The scope of equipment covered by LOLER is broad. It includes:
- Cranes and Hoists: Overhead cranes, mobile cranes, and chain hoists.
- Powered Access Platforms: Scissor lifts, boom lifts, and vertical mast lifts.
- Vehicle Lifts: The lifts used in garages and workshops to raise vehicles.
- Passenger Lifts: Lifts in office buildings, hotels, and apartment blocks.
- Forklift Trucks: While some of their use is governed by different regulations, the lifting mechanism itself falls under LOLER.
- Lifting Accessories: This is a key area often overlooked. It includes chains, slings, eyebolts, shackles, and any other component used to attach a load to the lifting machinery.
If a piece of equipment is designed to lift or lower a load, it must be thoroughly examined. A ‘load’ can be an object, a person, or even a living animal. The regulations are designed to be comprehensive, ensuring no component in the lifting chain is left unchecked.
Section 3: The Thorough Examination vs. Routine Maintenance
It is a common mistake to confuse a LOLER thorough examination with a regular maintenance check. While both are essential for safety, they serve very different purposes.
- Routine Maintenance: This is a regular, often weekly or monthly, check performed to ensure the equipment is in good working order. It typically involves checking fluid levels, looking for visible damage, and testing basic functions. This is part of your duty under PUWER (Provision and Use of Work Equipment Regulations 1998).
- Thorough Examination: This is a statutory, in-depth inspection required by law. It must be carried out by a “competent person” who is independent of the routine maintenance and repair process. This ensures an impartial assessment. The examination is a complete, systematic check of all load-bearing parts, safety devices, and a review of the equipment’s condition. It may involve taking parts of the equipment apart to inspect internal components.
The competent person will produce a formal report detailing their findings. This report must be given to the duty holder, and it is a crucial piece of legal documentation that must be kept on record.
Section 4: How Often Do Inspections Need to Happen?
The frequency of a LOLER thorough examination depends on the type of equipment and its usage. The regulations specify minimum intervals, but a competent person can recommend more frequent inspections if the equipment is used in a harsh environment or for particularly demanding tasks.
The standard intervals are:
- Lifting equipment for lifting people: Every 6 months. This includes passenger lifts, cherry pickers, and scissor lifts. The higher risk to human life necessitates more frequent checks.
- All other lifting equipment and accessories: Every 12 months. This includes cranes, forklift trucks, and hoists.
- Following an incident or repair: If the equipment is involved in an incident that could have affected its integrity, or if it has undergone a major repair or modification, a thorough examination must be carried out before it is put back into service.
These timeframes are the legal minimum. It is the duty holder’s responsibility to ensure inspections are carried out on time and records are meticulously maintained.
Section 5: The Crucial Importance of Record Keeping
After a thorough examination, the competent person will provide a written report. This report is a legally required document and must be kept on file.
The report should include:
- The name and address of the owner.
- The location of the equipment.
- A description of the equipment.
- The date of the examination.
- The safe working load (SWL) of the equipment.
- Any defects found and the date by which they must be remedied.
This record provides a clear audit trail of the equipment’s condition and serves as proof of compliance should the HSE ever need to inspect your workplace. Failure to produce a valid report for a piece of lifting equipment is a serious offence that can result in fines and legal action.
Section 6: Consequences of Non-Compliance
Ignoring your LOLER obligations is a significant risk with serious consequences.
- Legal Action: The HSE has the power to issue enforcement notices, which require a company to stop using the equipment until it is compliant. In serious cases, they can prosecute the company or the individual duty holder, leading to heavy fines or even imprisonment.
- Injury and Fatality: The most devastating consequence is the potential for an accident. Equipment failure can result in horrific injuries or death for employees or members of the public.
- Insurance and Financial Loss: An insurance claim may be invalidated if the lifting equipment involved in an accident did not have a valid Report of Thorough Examination. This can leave a company exposed to huge financial liabilities, including compensation claims and legal fees.
In conclusion, understanding and complying with LOLER is not about bureaucracy; it’s about a fundamental commitment to safety. By ensuring your lifting equipment is regularly inspected by a competent person, you are safeguarding your workforce, protecting your business from legal and financial ruin, and fostering a culture of responsibility. So, if you are a duty holder, take the time to review your equipment, check its inspection dates, and make sure your lifts are working safely and within the law.
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