Lifting Operations & Lifting Equipment Regulations 1998
You may not already be aware of LOLER and what it means to you. However, if you work in an industry that involves heavy lifting, it’s vitally important to understand what the regulations mean. LOLER stands for the Lifting Operations Lifting Equipment Regulations 1998, a series of regulations created under the Health and Safety at Work Act. The UK government implemented the regulations to combat the risk of injury in the workplace for roles involving lifting equipment. Any job that requires equipment to lift or lower objects is defined under these regulations and it includes any attachments used to anchor, fix or support the equipment.
If you are an employer or self-employed providing lifting equipment at work or if you have control of the use of lifting equipment, it is your legal obligation to maintain said equipment. The Lifting Operations Equipment Regulations (LOLER) will apply to you. For instance, if your vehicle has a tail lift for handling goods, then you must ensure the lift is up to LOLER standards. The regulations list several requirements that must be achieved, and these are examined through regular LOLER inspections. Ultimately, LOLER aims to ensure that equipment is maintained and safe to use, and that trained employees operate the equipment in a suitable manner.
We do not only carry out LOLER inspections and LOLER testing on tail lifts. We also cover any piece of operating equipment that is required to comply with the LOLER regulations. Don’t hesitate to contact us for further details.
What Type of Vehicles Need LOLER Inspections?
There are several types of vehicles that may be bound by the Lifting Operations and Lifting Equipment Regulations. If the vehicle is used in the workplace and has tools that allow it to be used for lifting jobs, then typically it would be regulated by LOLER. Here is a list of some of the types of vehicles that may be required to follow the regulations and have regular LOLER inspections.
- Commercial transport vehicles with tail lifts
- Fork lift trucks
- Pallet trucks
- Recovery vehicles
This is not a definitive list of the vehicles that are affected by LOLER but simply a brief summary of the most popular types. For more information, please get in touch and one of our LOLER specialists will be able to advise you further.
How Does COVID-19 Affect Loler Inspections?
As you will be aware, the United Kingdom is currently heavily affected by the Coronavirus (COVID-19) disease which has spread across the world. These are troubling times for us all and there are now strict rules in place to prevent the virus from spreading further. With this in mind, you will likely have several questions about how the LOLER regulations and testing are affected. It's important to make clear that the regulations are still in place and you will receive heavy consequences for breaking the rules. The national healthcare system is currently struggling to cope with the demand of COVID-19 and now more than ever it's important to take necessary steps to avoid serious accidents.
Under the restrictions put in place by the UK government, people should only leave their homes for essential purposes which includes travelling to and from a workplace only when it's impossible to work from home. There are several industries still functioning where LOLER may apply. This includes sectors such as haulage, healthcare, grocery retail and public transport which are essential for day-to-day living. You must follow the regulations to make sure that equipment is used appropriately and that the equipment is maintained to the minimum standards.
Have the Rules Been Relaxed Due to the Coronavirus?
As discussed previously, it is still your responsibility as an employer to make sure that you take all adequate precautions in order to keep your workplace safe for employees, site visitors and the general public. While there is another health and safety matter at the forefront, it's important not to get careless or let your guard down. That said, there is some acknowledgement that it may not be possible to fully adhere to the LOLER regulations.
In June, the Health and Safety Executive (HSE) provided an update on what is expected of businesses where LOLER would usually apply. The HSE has acknowledged that due to the pandemic and associated restrictions, businesses may find it challenging to conduct regular and thorough LOLER inspections and testing. Specifically, they state that there will naturally be difficulty in finding staff/contractor availability for preparing systems for examination, that there will be a backlog of inspections not conducted during the lockdown, and that engineers may refuse to enter a site should they deem the conditions not to be COVID-Secure. As a result, while employers should still take reasonable measures to stick to their inspection schedule, the HSE will now take a 'pragmatic and proportionate' approach when deciding on enforcement action. That said, it is still critical that lifting equipment should only be used if you deem it safe to do so, regardless of whether it has recently been thoroughly inspected or not.
Does LOLER Affect Me and My Business?
If you are involved in providing lifting equipment for work purposes, then LOLER affects you. Likewise, the regulations also affect you if your responsibilities include using the lifting equipment. Whether you are an employer or employee, the regulations are in place to ensure equipment is used safety. Your responsibility and liability should an accident occur will be dependent on your position within the business. Ultimately, you should go above and beyond to make sure that equipment is of the standards expected and being used correctly.
There is no specific industry where LOLER applies. Nor is there a certain type of lifting task that the regulations are restricted to. Whatever equipment you use, if a work task involves lifting and lowering loads, then LOLER will apply to you. In our particular expertise, LOLER applies to tail lifts. A tail lift is installed on the back of a vehicle to help workers load and unload whatever is stored inside the vehicle. It functions by lowering and elevating heavy loads for easy transporting to and from the vehicle. It's important that tail lifts receive regular LOLER inspections to check that they remain at the legal standard.
How Often Should You Undertake a LOLER Inspection?
The issue of whether a business meets the standards required of LOLER is determined by regular inspections and LOLER testing. Equipment deteriorates over time and personnel and procedures can often change, so a one-off inspection is inadequate. The frequency of an inspection varies depending on certain criteria. At a minimum, equipment used for lifting/lowering persons and accessories should be tested every six months. Any other equipment should be tested at least every 12 months. The times may also differ should a competent person provide a different time scale. Performing a LOLER inspection is a legal requirement and it should only be carried out by a competent person.
What’s Involved in Planning a Lifting Operation?
As part of the LOLER regulations, the planning and organising of a lifting operation should be considered before the operation takes place. Due to the nature of a heavy lifting operation, improper planning can lead to serious injury and financial damage. A lifting operation should be planned by a competent person to ensure that it results in a safe and successful execution.
When planning for a complex lifting operation, you should complete a thorough document that addresses any risks associated with the operation. This can include elements such as attaching/detaching loads, visibility, proximity hazards, risks of overturning and overloading, working under suspended loads, and more. You should identify how the risks will be controlled and who will be responsible for each element of the operation. The risk assessment should also detail the strength and stability of the equipment, how the equipment is installed and positioned, and whether direct supervision is required.
Who Is Deemed to Be a 'Competent Person'?
Under the LOLER regulations, there are several instances where a 'competent person' is referred to. This can include the workers who will perform a lifting operation and the inspectors who will examine the lifting equipment and procedures to ensure that the regulations are correctly adhered to. Depending on the scale of a lifting operation, there may be numerous people involved. This involves planning, organising and undertaking the operation. At every stage, a competent person should be involved. Their level of competence will be determined by their individual skills, training, knowledge and experience. It all boils down to whether the person has the expertise required to safely and correctly do their duty in relation to executing the specific operation. When it comes to performing the operation, the person using the lifting equipment is one of the most important roles to consider as their direct actions can cause the operation to go wrong. In referring to the earlier point, operators should possess the necessary skills, training and experience, particularly for the specific operation that is planned. If they haven't been trained to use a forklift truck, for example, they should not yet be deemed to be competent for an operation involving the use of a forklift truck.
When it comes to LOLER inspections, the frequency of the examination is first of all determined by a competent person. The competent person should then perform their duties as an inspector, carrying out a thorough and detailed examination and using their judgement to determine the scope of each LOLER inspection. Ultimately, a LOLER inspector should use good judgement and their professional experience to make calculated decisions about what is inspected and when. It is their responsibility as an inspector to make sure that the use of lifting equipment in the workplace is being correctly regulated, ensuring that accidents as a result of deteriorating equipment or incorrect usage are prevented. In this instance, a competent person means that the inspector should have adequate experience and knowledge which enables them to understand what they should look out for when carrying out an inspection. It should be in their capability to identify any defects or weaknesses that could potentially fall foul of LOLER. It is not required that the inspector works for another company as long as they are sufficiently independent and impartial, as per the Health and Safety Executive.
What Records Should be Kept Under LOLER?
There are several records that should be detained under LOLER. These records are vital for documenting the inspections of heavy lifting equipment and ensuring equipment is safe to use and maintained to the required standard.
One document that should be retained is a Thorough Examination Report. This report is provided by a competent inspector following a LOLER inspection. The report will assess whether the regulations are being complied with and outline any equipment defects and further steps that may be required.
Another document to keep hold of is an EC Declaration of Conformity. This is a written statement that confirms the equipment meets safety requirements and is safe to use. Last of all, you should keep records of any inspections or tests that may take place in between a LOLER inspection. While LOLER examinations are required every 6-12 months, in between this period there may be additional inspection requirements as outlined by the equipment's manufacturer or your organisation.
What Does a LOLER Inspection Include?
Extensive check to ensure lift is fit for purpose & appropriately marked
Establish correct procedures are being used safely
Subject to statutory periodic thoroughly examined
The Key LOLER Regulations
LOLER is a complex piece of legalisation that was introduced by the UK government in 1998. The complete legalisation includes 17 formal regulations which can be found on the official government website here. Below is a list of some of the key regulations that you should be aware of.
4) Strength and stability - 5) Lifting equipment for lifting persons - 6) Positioning and installation - 7) Marking of lifting equipment - 8) Organisation of lifting operations - 9) Thorough examination and inspection - 10) Reports and defects - 11) Keeping of information
Consequences of Avoiding a LOLER Inspection
Failing to carry out regular LOLER inspections can lead to severe consequences. The regulations are in place to ensure the health and safety of everyone, including the general public. If you don’t take the necessary steps to thoroughly examine the use of heavy lifting equipment at your workplace, you can be held responsible should a serious injury occur. Breaching the regulations can lead to heavy fines which can be extremely damaging to your business and hurt your reputation. In more serious cases it can even lead to imprisonment.
Examples of Punishment for LOLER Accidents
LOLER was brought in to reduce the risk of workplace accidents by implementing serious punishments for businesses who fail to meet the regulations. As well as dealing with the death or serious injury of a person, businesses face fines and possible imprisonment.
In 2016 a company director was sentenced to jail for 12 months, ordered to pay £4,000 and disqualified from registering as a director for seven years. The director was judged to be responsible for the death of an employee who died when a spider lift overturned on him. The employee did not receive adequate training and no risk assessment was put in place.
In 2018 a port operating company was fined £300,000 due to an accident that left an employee with serious injuries. The employee was hurt by a load falling and sustained multiple fractures, lacerations, ligament reconstruction and more injuries which left him unable to return to work. In 2019 a large electrical company was fined £334,000 following the death of a crane operator. The business was found to have not provided adequate training to the operator and failed to ensure the lift was properly planned and supervised.
Make sure you don't fall foul of the LOLER regulations. Get an inspection today and avoid a costly consequence.
Why Choose P. Airey for LOLER Inspections?
By choosing P. Airey for your LOLER inspections, you will be taking the necessary steps to ensuring your business is compliant with the regulations. Our engineers are fully qualified to carry out the inspection, making sure that your safety standards are at the highest level. We possess decades of experience and are committed to delivering a professional LOLER testing service. We offer mobile coverage and can perform a LOLER inspection anywhere in the North West and North Wales.
If your business involves operating a pallet truck, please visit our page on pallet truck LOLER inspections.
LOLER Inspection Testimonials
Here's what our customers have to say about our LOLER inspections service...
"Looked after our small fleets HGV tail lift servicing and loler inspections for over a year now and I really can't recommend them enough, Professional service, Exceptional knowledge, today went above and beyond to get to, and repair one of our vehicles within an hour.....Superb." - Ant O on Google
Book a UK LOLER Inspection
Hopefully this in-depth guide on LOLER inspections has persuaded you of the importance of LOLER. It is a vital piece of legislation that maintains the safety of employees and the general public, and the consequences of not doing so are extreme. At P. Airey Tail Lifts we are experts in this area. We can help provide a thorough LOLER inspection service throughout the UK, with speciality in North West areas such as Liverpool, Birkenhead, Warrington and Manchester. To book an inspection, or if you would like to know more about the regulations and how it affects you, please contact us to speak to a LOLER specialist.