At Lloyds British, we often come across businesses that are unsure whether the LOLER regulations apply to their equipment and operations, and exactly what their responsibilities are.
This can lead to a number of serious non-compliance issues, safety failures and even legal ramifications.In this blog, we outline who the LOLER regulations apply to and what their obligations are, as well as provide extra guidance on additional legislation that you need to be aware of in order to meet your legal obligations. If you want to learn more about the wider LOLER regulations -
The LOLER regulations apply to all employers in respect of lifting equipment, or anyone who is to any extent in control of lifting equipment, whether that is an employee operating the equipment or a supervisor managing its use. Self-employed professionals who use lifting equipment as part of their work activities are also liable under LOLER. The regulations are applicable not only in Great Britain, but also anywhere else outside of the UK where the Health and Safety at Work Act 1974 applies by virtue.
LOLER only applies to work activities, such as:
Depending on your role, you will have specific obligations when it comes to lifting equipment provided for use at work. Here we look at what they are and which other regulations you need to be aware of on top of LOLER.
As a user or owner of work equipment you need to ensure that you select and install any equipment correctly, use it carefully and maintain it up to the necessary standard, so that you, your employees and anyone else who might be affected are safe.
You need to ensure that the manufacturer’s recommendations for use and maintenance are followed and your employees are trained and competent to use the equipment safely and appropriately. You also need to make sure that any new work equipment complies with the relevant requirements for safe design and construction.
Nearly all equipment used at work must comply with the Provision and Use of Work Equipment Regulations 1998 (PUWER). However, specialised work equipment may also be a subject to additional regulations that you need to comply with, such as the Personal Protective Equipment at Work Regulations 1992, the Electricity at Work Regulations 1989, or LOLER in our case.
While PUWER is supported by three Approved Codes of Practice (ACOP) that give practical guidance and set out the minimum standards for compliance, LOLER is supported by its own ACOP.
The ACOP for LOLER focuses on:
Find out more about how often should my LOLER inspection be done and LOLER Testing and Inspection by Lloyds British.
As an employer you must ensure that all work equipment that you provide conforms with the essential requirements of the designated standards relating to its design and construction, and that it’s maintained to this standard.
As part of your responsibilities, reasonable checks establishing the equipment’s safety should be made throughout the selection and purchase process, including checks for any visible damages and obvious danger (if looking into used equipment), CE/UKCA marking and Declaration of Conformity (which is in English).
Anyone who installs or erects work equipment needs to do this in the proper manner and by following the manufacturer’s instructions. In some cases, installers may have additional responsibilities when they effectively become the manufacturer of a new product, such as when a power mechanism is installed on an existing manually-operated gate.
Normally the person who is putting a new product into service needs to take on the duty for compliance, including undertaking conformity assessment to meet the essential regulatory requirements and CE/UKCA marking.
All suppliers have a duty to supply safe work equipment, whether this is new, second-hand or hired out. They need to ensure that the products they supply are safe, have CE marking(up to 31st December 2021) and UKCA marking thereafter and are supplied with the relevant information, including user instructions.
Note: You only need to use the new UKCA marketing before 1 January 2022 if all of the following apply. Your product:
• Is covered by legislation which requires the UKCA markingHirers have additional ongoing duties for the health and safety of the products they hire out in the course of their business, whether they are used at work or not. These responsibilities include everything from maintaining the equipment, providing information on how to use it and, as in the case of lifting equipment, ensuring the product is thoroughly examined.
If you design or manufacture equipment, even if that is only in your own work place, the equipment still needs to meet the minimum European safety requirements or designated standards after 1st January 2022.
These requirements primarily require work equipment to be designed, manufactured and supplied or put in service to such a standard - and with all the parts and information necessary - to enable health and safety in their use.
The overall process of conformity assessment measures includes the following steps:
As you can see, getting your equipment compliant is not as straightforward and simple as you might think. This is why we put together this comprehensive, easy-to understand manual, The Ultimate LOLER Manual, to help you achieve full compliance with LOLER: