A22: Lifting Operations And Lifting Equipment Regulations 1998 (LOLER)

‘Lifting equipment’ means work equipment for lifting or lowering loads and includes the attachments used for anchoring, fixing or supporting (e.g. passenger lift, tower crane, mobile elevating work platform, fork lift truck, eyebolt, chain).

Application(r3)

The regulations apply to employers, self-employed and others depending upon the extent of their control of:

lifting equipment
a person who uses lifting equipment
the way in which lifting equipment is used.

This may include hire companies, but not sale, agreement for sale or hirepurchase agreement. The regulations build on the requirements of PUWER (The Provision and Use of Work Equipment Regulations 1998, see Summary Sheet A12 and should be interpreted with them. For example, when selecting lifting equipment and determining suitability (PUWER(r4)), regard should be had to:

ergonomics;
the conditions in which the lifting equipment is to be used;
safe access and egress;
preventing slips, trips and falls and
protecting the operator, etc.

Strength and stability (r4)

Lifting equipment shall be of adequate strength and stability for each load, particularly regarding the stress induced at its mounting or fixing point.

Every part of a load, and anything attached to it and used in lifting, shall also be of adequate strength.

‘Adequate strength’ should take into account the combined forces to which lifting equipment will be subjected and include an appropriate factor for safety.

‘Stability’ should take into account the nature and strength of the surfaces to prevent overturning and, for mobile equipment, keeping any rails free of obstruction or tyres inflated to the correct pressure.

Lifting persons (r5)

Lifting equipment for lifting persons shall:

prevent a person using it being crushed, trapped or struck or falling from the carrier (where activities are carried out from the carrier, edge protection will usually need to be provided)
have suitable devices to prevent the risk of a carrier falling
not expose any person trapped in a carrier to danger (there shall be a reliable means of rescue available).

Position and installation (r6)

Lifting equipment shall be positioned or installed to reduce the risk (to as low as is reasonably practicable):

of the equipment or load striking a person; or
from the load, drifting, falling freely, or being released unintentionally and otherwise be safe.

Lifting equipment should, for instance, be positioned to prevent crushing in extreme positions. There shall be suitable devices to prevent a person from falling down any shaft or hoistway (e.g. lifting equipment which follows a fixed path should be enclosed, with suitable and substantial interlocked gates and any necessary protection in case of power failure.)

Marking (r7)

Machinery and accessories for lifting loads shall be clearly marked to indicate their safe working loads (SWLs) and:

where the SWL of machinery for lifting loads depends upon its configuration - the machinery shall either be clearly marked to indicate its SWL for each configuration, or information which clearly indicates its SWL for each configuration shall be kept with the machinery;
accessories for lifting (e.g. hooks, lifting beams, slings) shall be clearly marked with their safety characteristics (e.g. how they are assembled)
lifting equipment designed for lifting persons shall be clearly marked to show it is for lifting persons
lifting equipment not designed for lifting persons but which might be, in error, shall be clearly marked to show it is not for lifting persons.

Lifting operations (r8)

Every lifting operation (the lifting or lowering of a load) which involves lifting equipment shall be:

properly planned by a competent person
appropriately supervised
carried out in a safe manner.

The competent person planning the operation should have adequate practical and theoretical knowledge and experience of planning lifting operations and the plan will need to address the risks identified by the risk assessment, the necessary resources required, and procedures and responsibilities.

They should also have regard to:

avoiding suspended loads over occupied areas;
visibility;
attaching, detaching and securing loads; environment and location;
overturning;
proximity to other objects;
storage and checking before use.

Thorough examination (r9-11)

Before lifting equipment is used for the first time it shall be thoroughly examined for defect unless:

it is new (and has an EC declaration of conformity where one should be available (e.g. Lifts Regulations 1997 SI No. 8397) (This declaration (or declaration of incorporation) shall be kept for as long as the lifting equipment is used (r11).) or
if from another undertaking, is accompanied by evidence that the last thorough examination has been carried out.

A copy of this thorough examination report shall be kept for as long as the lifting equipment is used (or, for a lifting accessory, two years after the report is made)(r11).

Where safety depends on the installation conditions lifting equipment shall also be thoroughly examined:

after installation and before being used for the first time; and
after assembly and before being used at a new site or location to ensure that it has been installed correctly and is safe to operate.

A copy of the thorough examination report shall be kept for as long as the lifting equipment is used at the place it was installed or assembled (r11). Lifting equipment which is exposed to conditions causing deterioration which may result in dangerous situations shall be:

thoroughly examined
- at least every 6 months (for lifting equipment for lifting persons, or a lifting accessory);
- at least every 12 months (for other lifting equipment); or
- in accordance with an examination scheme; and
- each time that exceptional circumstances, liable to jeopardise the safety of the lifting equipment, have occurred
- and a copy of the report kept until the next report is made, or for two years (whichever is longer)
inspected, if appropriate, by a competent person at suitable intervals between ‘thorough examinations’ (and a copy of the record kept until the next record is made).

All lifting equipment shall be accompanied by physical evidence that the last ‘thorough examination’ has been carried out before it leaves an employer’s undertaking (or before it is used after leaving another undertaking). (Where examinations have been carried out under previous requirements (e.g. Factories Act 1961 these are valid until their original expiry date).

Examination schemes may be drawn up by the user, owner, manufacturer or some other independent party provided they have the necessary competence. (Schemes should specify intervals between lifting equipment examinations taking account, for example, of its condition, the environment in which it is used, the number of lifting operations and the loads lifted).

The ‘competent person’ carrying out a thorough examination should have appropriate practical and theoretical knowledge and experience of the lifting equipment to be examined to enable them to detect defects or weaknesses and to assess their importance in relation to the safety and continued use of the lifting equipment. They should also determine whether a test is necessary and the most appropriate method for carrying it out.

The frequency and extent of inspections of lifting equipment required between thorough examinations will depend on the potential risks (cf. see Summary Sheet A10) and, where appropriate, include visual checks and functional tests.

Reports and defects (r10)

The person making a ‘thorough examination’ of lifting equipment shall:

immediately notify the employer of any defect which, in his opinion, is or could become, dangerous
as soon as is practicable (within 28 days) write an authenticated report to the employer (and any person who hired or leased the lifting equipment), containing the specified information (Sch 1)
send a copy (as soon as is practicable) to the ‘HSE’ where there is, in his opinion, a defect with an existing or imminent risk of serious personal injury (this will always be HSE if the lifting equipment has been hired or leased).

Every employer notified of a defect following a ‘thorough examination’ of lifting equipment shall ensure that it is not used:

before the defect is rectified
after a time specified in the schedule accompanying the report.

The person making an ‘inspection’ shall also notify the employer when, in his opinion, a defect is, or could become, dangerous and, as soon as is practicable, write a record.