LOLER - Bullet Points
The three main aims as set out by the HSE are:
• Lifting operations must be properly planned and managed.
• Lifting equipment must be used in a safe manner.
• Lifting equipment must be thoroughly inspected at suitable intervals by a competent person.
Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
These Regulations (often abbreviated to LOLER) place duties on people and companies who own, operate or have control over lifting equipment. This includes all businesses and organisations whose employees use lifting equipment, whether owned by them or not. In most cases, lifting equipment is also work equipment so the Provision and Use of Work Equipment Regulations (PUWER) will also apply (including inspection and maintenance). All lifting operations involving lifting equipment must be properly planned by a competent person, appropriately supervised and carried out in a safe manner.
LOLER also requires that all equipment used for lifting is fit for purpose, appropriate for the task, suitably marked and, in many cases, subject to statutory periodic 'thorough examination'. Records must be kept of all thorough examinations and any defects found must be reported to both the person responsible for the equipment and the relevant enforcing authority.
What you should do
If your business or organisation undertakes lifting operations or is involved in providing lifting equipment for others to use, you must manage and control the risks to avoid any injury or damage.
Where you undertake lifting operations involving lifting equipment you must:
• plan them properly
• using people who are sufficiently competent
• supervise them appropriately
• to ensure that they are carried out in a safe manner
What you should know
LOLER (where amended) is supported by the Safe use of lifting equipment: Approved Code of Practice (ACOP) and additional free guidance from HSE.
While the ACOP is not law, this has been produced under section 16 of the Health and Safety at Work Act (HSW Act) and has a special status (as outlined in introductory page (ii) of the ACOP). This supports not only LOLER but also the general provisions of section 2 of the HSW Act and other regulations, including the Management of Health and Safety at Work Regulations and PUWER overview, in relation to lifting equipment and lifting operations.
Other more specific legislation may also apply, for example the Personal Protective Equipment at Work Regulations, when safety harnesses are being used for rope access work during activities such as window cleaning.
Although LOLER has a wide application, any lifting equipment used on ships is generally excluded because there are other provisions for the safety of this equipment under merchant shipping legislation. A Memorandum of Understanding (MoU) between the HSE and Maritime and Coastguard Agency (MCA) and Marine Accident Investigation Branch (MAIB) exists to co-ordinate enforcement between the different organisations , including matters relating to lifting and lifting equipment.
Most lifting equipment and lifting accessories will also fall within the scope of the Supply of Machinery (Safety) Regulations. Such equipment must have been subject to appropriate conformity assessment, labelled and accompanied by a Declaration of Conformity (DoC) before being placed on the market or brought into use. This includes lifting equipment whose only source of power is directly applied human effort (eg manually operated chain blocks and car jacks).
The DoC, which must accompany the new product, is an important document, which should be retained by the user. The DoC may avoid the need for an initial thorough examination before first use in those cases where the safety of that equipment does not depend on the conditions of its installation or assembly.
What is a lifting operation?
Regulation 8(2) of LOLER defines a lifting operation as 'an operation concerned with the lifting or lowering of a load'. A 'load' is the item or items being lifted, which includes a person or people.
What is lifting equipment
Lifting equipment' means work equipment for lifting and lowering loads. This includes lifting accessories and attachments used for anchoring, fixing or supporting the equipment (Lifting equipment is any work equipment for lifting and lowering loads, and includes any accessories used in doing so (such as attachments to support, fix or anchor the equipment).
Examples of lifting equipment include:
• overhead cranes and their supporting runways
• patient hoists
• motor vehicle lifts
• vehicle tail lifts and cranes fitted to vehicles
• a building cleaning cradle and its suspension equipment
• goods and passenger lifts
• telehandlers and fork lifts
lifting accessories
Lifting accessories are pieces of equipment that are used to attach the load to lifting equipment, providing a link between the two.
Any lifting accessories used between lifting equipment and the load may need to be taken into account in determining the overall weight of the load.
Examples of lifting accessories include:
• fibre or rope slings
• chains (single or multiple leg)
• hooks
• eyebolts
• spreader beams
• magnetic and vacuum devices
Further details and examples can be found in the Approved Code of Practice and guidance.
Lifting operations
This is a term defined by LOLER regulation 8(2): 'In this regulation "lifting operation" means an operation concerned with the lifting or lowering of a load.'
When a thorough examinations be carried out
In order to verify that lifting equipment and accessories remain safe for use, and to detect and remedy any deterioration in good time, thorough examinations are required throughout the lifetime of the equipment, including examinations:
before use for the first time - unless the equipment has a Declaration of Conformity less than one year old and the equipment was not assembled on site. If it was assembled on site, it must be examined by a competent person to ensure that the assembly (eg a platform lift installed in a building) was completed correctly and safely
after assembly and before use at each location - for equipment that requires assembly or installation before use, eg tower cranes
regularly, while in service - if the equipment is exposed to conditions that cause deterioration which is likely to result in dangerous situations. Most lifting equipment will be subject to wear and tear and so will need regular in-service examination. Some may be exposed to significant environmental conditions which may cause further deterioration. You have a choice:
arrange for thorough examination to be carried out at the intervals specified by LOLER (every 6 or 12 months, depending on the equipment - see below), or
conduct examinations in accordance with an examination scheme, drawn up by a competent person
following exceptional circumstances - liable to jeopardise the safety of lifting equipment, which may include:
damage or failure
being out of use for long periods
major changes, which are likely to affect the equipment's integrity (eg modifications, or replacement / repair of critical parts)
specified intervals for regular thorough examinations
Unless there is an 'examination scheme' specifying other intervals, thorough examinations should be conducted every:
6 months, for lifting equipment and any associated accessories used to lift people
6 months, for all lifting accessories
12 months, for all other lifting equipment
What is covered by a thorough examination
This depends on the professional judgement of the competent person undertaking the examination, but needs to include all matters which affect the safety of the lifting equipment, including likely deterioration with time.
For most common lifting equipment and accessories, there are industry standard procedures and criteria which a competent person would follow when undertaking thorough examinations and making judgements as to the continued safety of the equipment. Methods used include:
visual examination and functional checks
measurements of wear
(in some cases) traditional NDT (non-destructive testing) and load testing
Some disassembly or internal examination of parts may also be required.
Where an examination scheme has been drawn up, this should identify and specify:
the parts to be thoroughly examined
the methods of examination and testing
the intervals for examination (and testing of the different parts, where appropriate)
The scheme should also include details of any other inspection regimes for the equipment. Examination schemes may be drawn up by any person with the necessary competence. This does not need to be the same competent person who conducts the thorough examination in accordance with the scheme.
Although examination schemes do not need to be preserved in the form of a document, it should be possible to produce a written copy when required (eg on request by the relevant enforcing authority). These should be secured from loss or unauthorised modification.
Testing of lifting equipment
Most lifting equipment does not need routine testing as part of the thorough examination - in fact some overload tests can cause damage to lifting equipment. Where testing is deemed necessary, it may not need be undertaken at every thorough examination. The need for, and nature of, testing should be based on an assessment of risk - taking account of information from the manufacturer and other relevant information - as determined by the competent person.
Maintenance and inspection of lifting equipment.
Maintenance of lifting equipment to ensure it remains safe for use is a requirement of PUWER. In some cases - to assist with this, and detect any deterioration so it can be remedied in good time - lifting equipment may need to be inspected between thorough examinations. Such inspections need to be undertaken by suitably trained and competent people, which can often be the lifting equipment operator or maintenance personnel.
The nature, need for and frequency of such inspections should be determined through risk assessment, taking full account of any manufacturer's recommendations. Further recommendations on inspection relating to cranes are given in BS 7121 British Standard Code of Practice for the Safe Use of Cranes. The various parts of this standard can be obtained from BSI.
Lifting accessories do not normally need formal inspection, provided that proper pre-use checks are made and they undergo their standard thorough examination.
The load
The load includes any material, people or animals (or any combination of these) that is lifted by the lifting equipment. Loads are often provided with permanent or semi-permanent fixed or attached points for lifting. In most cases, these are considered to be part of the load.
Examples of loads include:
• loose bulk materials
• sacks, bags, pallets and stillages
• discrete items (such as a large concrete block)
• machinery and any permanently attached lifting eyes
• a skip and the lugs fixed to its side
Equipment not covered by LOLER
LOLER is wide in its scope and some equipment might appear to be 'lifting' and therefore thought to be covered by LOLER. There are some notable exceptions that are not covered by LOLER, including:
pallet trucks, where the consequence of the load falling off is very low
roller shutter doors
escalators
fall arrest ropes
tipper trucks
dentist chairs
Selecting the right equipment
LOLER requires that lifting equipment must be of adequate strength and stability. This adds to the general obligations under PUWER overview regarding the suitability of work equipment.
Lifting equipment should be positioned or installed in such a way as to reduce the risk, as far as reasonably practicable, of the equipment or load striking a person, or of the load drifting, falling freely or being unintentionally released.
Where people are being lifted, there are additional requirements to prevent people from being injured in / by the carrier, including more frequent thorough examinations.
Marking of lifting equipment
All lifting equipment, including accessories, must be clearly marked to indicate their 'safe working loads' (SWL) - the maximum load the equipment can safely lift.
Where the SWL of any equipment or accessory depends on its configuration, the information provided on the SWL must reflect all potential configurations (for example, where the hook of an engine hoist can be moved to different positions, the SWL should be shown for each position). In some cases, the information should be kept with the lifting machinery, eg the rated capacity indicator fitted to a crane, showing the operator the SWL for any of the crane's permitted lifting configurations.
Accessories must also be marked to show any characteristics that might affect their safe use. This may include the weight of the parts, where their weight is significant.
Where equipment is to be used to lift people, it should be marked to indicate the number of people that can be lifted in addition to the SWL of the equipment.
Lifting equipment which is not designed for lifting people - but which might be used this way in error - must be clearly marked to indicate it should not be used to lift people.
Planning, organising and carrying out lifting operations
All lifting operations involving lifting equipment must be:
properly planned by a competent person
appropriately supervised, and
carried out in a safe manner
In planning any lifting operation, the identification and assessment of risk is key to identifying the most appropriate equipment and method for the job. Lifting operations range from:
the very simple and commonplace, where minimal on-the-job planning by trained, competent people may be all that is needed to manage risk; to
very complex operations, which require sophisticated and detailed planning / records, with very high levels of expert input, monitoring and supervision - undertaken by specially trained personnel
The complexity of the plan and the extent of the resources used to manage risk must reflect the complexity and difficulty of the lifting operation.
Further information on planning and organising lifting operations.
Thorough examination
Lifting equipment must be thoroughly examined in a number of situations, including:
before first use (unless there is a valid Declaration of Conformity made less than 12 months earlier)
where it depends on installation, or re-installation / assembly at another site
where it is exposed to conditions causing deterioration, liable to result in danger
Records of thorough examinations should be made and, where defects are identified, they should be reported to both the person using the equipment (and to any person from whom it has been hired or leased), and the relevant enforcing authority (HSE for industrial workplaces; local authorities for most other workplaces).
Lifting equipment to which LOLER may not apply
LOLER only applies to lifting equipment which is used at work. Some work equipment - particularly continuous types that transport people or goods, often from one level to another - is not considered lifting equipment and so is not subject to LOLER's specific provisions. However, when used at work, the provisions of PUWER still apply (including selection, inspection, maintenance, and training). Examples of work equipment which does not come under LOLER but still comes under the provisions of PUWER include escalators and moving walkways, many conveyor systems and simple pallet trucks (that only raise the load just clear of the ground so it can be moved).
Some lifting equipment may not be used by people at work, such as stair lifts installed in private dwellings and platform lifts in shops for disabled customer access - which are not subject to LOLER or PUWER in these circumstances. However, this equipment fitted in places with public access is subject to the HSW Act, and should be thoroughly examined and inspected for safety, using LOLER and PUWER requirements as a guide.
Other equipment, such as lifts in shopping centres, may be installed primarily for the use of customers who are not at work. Nevertheless, upon installation, this equipment must meet the requirements of all relevant product supply legislation and so be safe by design and construction when placed on the market. For example, stair lifts and platform lifts (mainly used for people with impaired mobility) come under the Supply of Machinery (Safety) Regulations 2008 and those over 3 m vertical distance normally require third party conformity assessment. Conventional passenger lifts must meet the requirements of the Lifts Regulations 2016.
Furthermore, employers and the self-employed have responsibilities, so far as reasonably practicable, for the safety of people they do not employ that may be affected by the employer's work (under section 3 of the HSW Act). This may include employees of other organisations who undertake maintenance and other work on equipment - who will usually be at work and may even need to test and use the lifting equipment during their work. Therefore, businesses allowing the public to use lifting equipment, such as passenger lifts primarily intended for use by people not at work, should still be managing the risks from this equipment - and will generally need to be to the same stringent standards as required by LOLER and PUWER. In any case, insurers may require a similarly high standard of protection to manage public liability in these situations.
Lifting equipment used for lifting people at work
People can be at greater risk of harm when they are lifted by machinery (eg operators of mobile elevated work platforms may collide with overhead structures and mobile access equipment may be at higher risk of overturning, potentially resulting in serious or fatal injuries). The increased risks for lifting equipment require greater levels of safety in their:
design and manufacture
use and maintenance
inspection and thorough examination
Design and construction requirements for workplace lifting equipment
Almost all lifting equipment used by people at work comes within scope of the Supply of Machinery (Safety) Regulations 2008, which require equipment is safe when first placed on the market or put into service for the first time. Under the Regulations, manufacturers of lifting equipment have to design and construct lifting equipment to meet additional specific essential health and safety requirements (EHSRs), to offset hazards through lifting operations and where people are being lifted. These requirements are listed in part 1 of Schedule 2 of the Supply of Machinery (Safety) Regulations (see EHSRs 4 and 6).
When issuing a Declaration of Conformity for lifting equipment, manufacturers have to assess its design and construction against these requirements, undertaking inspection, examination and testing as necessary to meet them, as well as meeting industry-accepted quality and safety standards. The Declaration of Conformity may therefore be a substitute for the initial thorough examination before first use, if the lifting equipment does not depend on post-manufacture assembly or installation conditions.
Manufacturers must indicate clearly, by markings on the equipment and within the instructions, if the lifting machinery is intended for lifting people.
Use of lifting equipment for lifting people
There is a very wide range of specially designed equipment for lifting people, enabling them to work safely at height (See the Step-by-step guide). The correct type of equipment should always be selected for the task in hand and it is vital that the activity is properly planned through risk assessment. The risk assessment should also take account of the specific requirements of LOLER (regulation 5) and the Approved Code of Practice for lifting people. Some people using the equipment may be less familiar with the risks so training and adequate supervision in the operation of the equipment are very important.
The use of lifting equipment which has not been specifically designed for lifting people should only occur in exceptional circumstances (eg for rescue purposes). In these cases, additional safety precautions may need to be taken, such as only using base lifting machines with additional safety measures (such as check valves and locking the tilt function). The HSE guidance for non-integrated work platforms on forklift trucks provides further information on this issue, in relation to non-integrated platforms or man-baskets which are traditionally fitted to the forks of lift trucks.
Frequency of thorough examinations for lifting equipment used to lift people
Where people are being lifted - whether the lifting equipment is designed to lift them or not - the equipment must be thoroughly examined at six-monthly intervals, or in accordance with the examination scheme. Other pre-use checks and inspections may also need to be undertaken to ensure safety.
