Scope: this operational guide describes Great Britain’s Lifting Operations and Lifting Equipment Regulations 1998. Northern Ireland has separate 1999 regulations. This is general information, not legal advice.
LOLER applies to lifting operations, not labels alone
LOLER defines lifting equipment as work equipment for lifting or lowering loads, including attachments used to anchor, fix or support it. The practical question is how the equipment will be used.[1]
An excavator used only for conventional earthmoving is not subject to LOLER’s lifting-specific thorough-examination requirement. When an excavator is planned for lifting or lowering a load, including an occasional lift, HSE says it must be thoroughly examined by a competent person. The lifting operation must also be planned, supervised and carried out safely.[2][3]
Which equipment is commonly within scope?
Examples can include overhead cranes and runways, goods and passenger hoists, telehandlers, forklift trucks, vehicle cranes, tail lifts, vehicle lifts, scissor lifts and excavators used for lifting. Lifting accessories can include slings, hooks, shackles, eyebolts, spreader beams, and magnetic or vacuum devices.[4]
This is illustrative rather than exhaustive. A pallet, skip, container or permanently attached lifting point may form part of the load rather than be a lifting accessory. Assess the actual item, configuration and use rather than applying a blanket label.
The default thorough-examination intervals
Where lifting equipment is exposed to conditions causing deterioration liable to create danger, regulation 9 provides default in-service intervals. A competent-person examination scheme may set other appropriate intervals. Examination is also required after exceptional circumstances liable to jeopardise safety.[5]
| Equipment category | Default interval | Examples |
|---|---|---|
| Equipment used to lift people | At least every six months | MEWPs and other equipment used to raise people |
| Lifting accessories | At least every six months | Slings, chains, hooks and shackles |
| Other lifting equipment | At least every 12 months | Telehandlers, lorry loaders, cranes, goods hoists, vehicle lifts and excavators used for lifting duties |
Installation-dependent equipment also has examination triggers after installation and before first use, and after assembly at a new location. Pre-use checks, maintenance and PUWER inspections are separate controls; they do not replace thorough examination.
Who is the competent person?
The law does not define the role through one job title or training card. HSE describes someone with appropriate practical and theoretical knowledge and experience of the particular equipment who can identify defects or weaknesses and judge their significance for continued safe use.[6]
The person may be employed internally or externally. They should be sufficiently independent and impartial to make an objective decision and should not normally be the person assessing their own routine maintenance work. This examination role is distinct from the competent person who plans the lifting operation.
Hired equipment must travel with evidence
A hire provider must not allow lifting equipment to leave its undertaking, and a hirer must not use lifting equipment obtained from another undertaking, unless it is accompanied by physical evidence that the last required thorough examination has been carried out.[5]
Use the current identifiable Report of Thorough Examination for the specific machine and relevant accessories. The legislation specifies the information the written report must contain, including equipment identification, safe working load, examination date and basis, defects, required remedies, next examination deadline, tests where used, and examiner details.[7]
Dangerous defects require action
If a defect is or could become dangerous, the employer must be notified immediately and the finding confirmed in writing. The equipment must not be used until the defect is rectified, or after any stated rectification deadline. A report goes to the enforcing authority where the examiner considers there is an existing or imminent risk of serious personal injury.[8]
Agree responsibility during a long hire
Do not assume that ownership or possession automatically makes one party solely responsible. LOLER duties apply to employers and, to the extent of their control, people who control equipment, its use or the people managing it.[9]
Before a long hire starts, agree in writing who monitors the due date, books and pays for the examination, provides site access, receives and stores the report, removes the item from service, arranges rectification and sends the report to the owner. A contract can allocate tasks and commercial risk, but it does not remove statutory duties.
The Construction Plant-hire Association’s current business-to-business Model Conditions include obligations concerning statutory report supply, owner access and compliance with relevant legislation. They do not create one universal rule for every examination during every long hire. Check the actual incorporated terms and any supplementary conditions.[10]
How long records should be kept
| Record type | Retention point |
|---|---|
| In-service thorough-examination report | Until the next such report or for two years, whichever is later |
| Installation or assembly report | Until the equipment ceases to be used at that location |
| First-use report for non-accessory lifting equipment | Until use of the equipment ceases |
| First-use report for a lifting accessory | Two years |
| Inspection record | Until the next inspection record |
Electronic records are acceptable when a written copy can be produced and the record is protected from unauthorised alteration.[11]
Build the control into dispatch
Store each report against the exact machine or accessory, record its basis and due date, and make defects visible to the hire desk and yard. A lapsed report or unresolved safety defect should prevent the item from being shown as ready to dispatch.
Equipy provides the operational record for assets, documents, inspections, defects and expiry alerts. It can keep evidence attached to the correct item and booking. The examination scope, competent-person decision and legal duties remain with the relevant dutyholders.
Frequently asked questions
Does LOLER apply when a hired excavator lifts materials?
Yes, when the excavator is used to lift or lower a load in a lifting operation at work. A planned occasional lift is included. Conventional earthmoving is not subject to the lifting-specific requirement, although PUWER still applies.
Who can carry out a thorough examination?
A person with appropriate knowledge and experience of the particular equipment who can find defects and judge their significance. They may be internal or external but should be sufficiently independent and impartial.
How often does a MEWP need thorough examination?
The default is at least every six months where it is exposed to deterioration liable to create danger, unless an appropriate examination scheme specifies another interval.
Is a LOLER certificate the same as a thorough-examination report?
The legislation requires a written Report of Thorough Examination. It is evidence of examination, not a replacement for planning, supervision or safe execution of the lift.
Who is responsible during a long hire?
Statutory duties depend on employment and control. Agree practical tasks, access, payment, defect response and report sharing in the actual hire contract before delivery.
How long should reports be kept?
It depends on the report. In-service reports are generally kept until the next report or for two years, whichever is later. Other report types have different periods.
References
- The National Archives, LOLER 1998, Regulation 2.
- Health and Safety Executive, “Excavators and lifting operations.”
- The National Archives, LOLER 1998, Regulation 8.
- Health and Safety Executive, “Safe lifting by machine.”
- The National Archives, LOLER 1998, Regulation 9.
- Health and Safety Executive, “Thorough examination of lifting equipment: a simple guide for employers.”
- The National Archives, LOLER 1998, Schedule 1.
- The National Archives, LOLER 1998, Regulation 10.
- The National Archives, LOLER 1998, Regulation 3.
- Construction Plant-hire Association, “CPA Hire Conditions.”
- The National Archives, LOLER 1998, Regulation 11.