From pulleys to forklifts, many businesses use lifting equipment every day. The most applicable law that applies to these tasks is the ‘Lifting Operations and Lifting Equipment Regulations’ or LOLER.
These regulations ensure businesses follow safe working standards when moving loads from one position to another. Employers have a legal duty to comply with these health and safety rules. Any sign of neglect could result in serious injuries, compensation penalties, and even business closure.
In this guide, we’ll look at what does LOLER stand for, what equipment it applies to, and what happens if your business breaches these health and safety rules.
What is LOLER?
LOLER stands for the ‘Lifting Operations and Lifting Equipment Regulations 1998’. They place
Health & Safety duties on people who own, operate, or have control over lifting equipment.
The regulations set requirements for choosing suitable equipment, as well as safe positioning. LOLER also covers how to perform regular checks, examinations, and maintenance on lifting equipment.
Employers must ensure all lifting operations and lifting equipment comply with LOLER. This extends to any activity where lifting equipment is used to lift and transport people. Lifting equipment hired from contractors or external suppliers are also subject to LOLER.
What is a lifting operation?
A lifting operation is any task or plan that involves raising or lowering a load. (A load is an item, or items, being lifted by one or more people).
Lifting operations are usually run by a competent person or team. From planning to output, every level of your lifting operation should have a skilled and qualified person in charge.
What is a lifting equipment?
A lifting equipment is any device that’s used to raise or lower loads. This includes attachments or accessories used for anchoring, fixings, or supporting equipment. For example, forklifts, cranes, and even hoists.
Lifting equipment should have markings that indicate their ‘safe working load’ (SWL). This number means loads must not surpass this weight for safety reasons.
What are the legal requirements?
If you conduct tasks or projects that involve lifting equipment, it’s subject to compliance with LOLER. That means employers must:
- Ensure lifting operations are planned, supervised, and carried out by a competent person.
- Conduct risk assessments.
- Provide adequate training and supervision.
- Maintain, inspect, and certify equipment regularly.
- Arrange for formal inspections of lifting equipment and thorough examination.
- Keep records of findings.
What happens if you breach LOLER?
If your business breaches LOLER, there could be serious repercussions. The
Health and Safety Executive (HSE) has the authority to issue improvement and prohibition notices. They can even prosecute businesses found with serious negligence issues.
In cases of non-compliance, employers could face civil liabilities, compensation claims, and reputational damages. This usually relates to injury and damage on staff or even the public.
Accidents like these can lead to serious long-term sickness and even death.
Any one of these issues can also lead to disruption for your business. Not only within
workplace productivity, but also through loss of labour and revenue. The business itself could face serious reputational damage and even face threats of possible closure.
How often should LOLER inspections take place?
There are numerous factors that play a role in how often LOLER inspections should take place. Work procedures may update, legislative duties could amend, and even equipment corrodes over time.
At a minimum, employers should test lifting equipment every six months (including accessories). Other equipment relating to lifting should be checked every 12 months. However, you may be required to do this more frequently if a written scheme of examination is required for the equipment.
What is the difference between LOLER and PUWER?
The main difference between the two laws is that LOLER focuses on lifting equipment, whilst PUWER covers a wide range of work equipment.
PUWER is the
Provision and Use of Work Equipment Regulations 1998. Here, employers must carry out inspections and maintenance on all work-related equipment, including lifting and non-lifting.
Along with these lifting regulations, employers may also need to comply with:
- The Health and Safety at Work Act 1974 (HWSA).
- The Personal Protective Equipment at Work Regulations 1992 (PPER).
- The Manual Handling Operations Regulations 1992 (MHOR).
- The Management of Health and Safety at Work Regulations 1999 (MHSW).
Employers should also adhere to the HSE’s
Approved Code of Practice on Safe Use of Lifting Equipment. Whilst an ACOP isn’t legislation, it has a special legal status, as it is written to help employers understand what they need to do to meet the legal requirements set by the legislation.
What equipment is LOLER relevant to?
Lifting equipment is any device that’s used to raise or lower loads. This includes attachments or accessories used for anchoring, fixings, or supporting equipment. For example:
- Forklifts.
- Cranes.
- Hoists.
- Mobile elevating work platforms.
- Vehicle-inspection platform hoists.
- Tail lifts.
- Ropes and slings.
- Chains and hooks.
- Passenger lifts.
- Escalators.
Selecting the right equipment
A big part of compliance with LOLER is the selection of suitable equipment. It might seem like an obvious statement, but using the wrong device can lead to serious injuries.
All lifting equipment, attachments, and accessories must be of adequate strength and stability. They should also be installed and positioned properly according to industry and manufacturing standards.
Employers should implement reasonable measures to prevent damage or accidents. For example, using the correct
care home hoists to lift elderly people with mobility issues.
Ensure equipment has safety markings
Lifting equipment and attachments must have clear markings that indicate their ‘safe working loads’ (SWL). Employers must ensure loads are moved with equipment that possess suitable markings.
Some lifting accessories can be used to help lift heavier loads safely. They’re also useful with load configuration (placing items in different positions).
Lifting equipment can also be used to raise or lower people. However, only equipment designed for this purpose should be used to move people.
Plan out operations
Before starting any tasks involving lifting, employers must conduct proper plans. Only a
competent person with relevant knowledge, training, and qualifications for the task should take charge of this.
This person also has responsibility for supervising operations, making sure lifting tasks are done safely and properly. They’ll oversee
risk assessments,
keep records,
report accidents, and contact safety authorities where required.
Provide proper training
Before any employee is allowed to use lift equipment, it’s important they know how to do so. This applies to tasks that involve
manual handling, as well as lifting operations.
These employees should receive LOLER training on lifting equipment and accessories. Training can be presented by your competent employees or external health and safety professionals.
Having the right training doesn’t just protect individuals using equipment. It also protects fellow colleagues, as well as anyone connected to your operation (like the public). Training also minimises risk to injury – saving you time, money, and other losses.
Keep reports and documents
It is vital that documents associated with lifting equipment are recorded and kept. This will include:
- Inspection records
- Risk assessments
- Training records
- Maintenance records
- Thorough examination reports
- Safe operating procedures
Get expert advice on LOLER regulations with Peninsula
When it comes to Health & Safety, employers must comply with LOLER and all relevant legislations. These regulations provide the best practices when it comes to lifting equipment – promoting safe working standards for all.
Peninsula is here to provide expert advice on LOLER. We offer
24-hour H&S advice –ensuring your lifting operations are safe, proper, and compliant with the law.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with one of our
Construction Health and Safety consultants today.
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