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This page contains answers to questions regarding the LOLER and PUWER Regulations. |
Overview: PUWER '98 and LOLER are two sets of a new generation of Regulations arising from European Directives. These two sets of regulations together with four sets of Approved Codes of Practice (ACoPs) implement the amendment to the Use of Work Equipment Directive. The ACoPs cover LOLER, PUWER '98 Power Presses and Woodworking Equipment. There are a number of issues for the owners of lifting equipment to consider when arranging the LOLER-required Thorough Examinations: 1) Ensuring the examiner is genuinely independent; 2) Ensuring the examiner has the required level of knowledge and experience to be classed as a competent person; 3) Ensuring future examinations are carried out as required by the examiner's timescale. CTS is an independent examining company, with many years' experience in FLT engineering. All our examiners are experienced to at least the FLTA requirements, and offer a nationwide coverage. All documentation is to FLTA standards, and all future examinations are carried out automatically, so you do not have to remember future examination dates. The Provision & Use of Work Equipment Regulations (PUWER '98) applies to all equipment provided for use at work and The Lifting Operations and Lifting Equipment Regulations (LOLER) is additional for lifting equipment. Therefore, for lifting equipment - including Fork Lift Trucks - both must be complied with. The Regulations repeal or revoke most of the existing legislation relating to lifting equipment and PUWER '98 replaces the 1992 version of PUWER. In addition, the opportunity has been taken to repeal or replace several old and redundant Acts, orders and Regulations. Both sets of Regulations show where they apply and list the Regulations they repeal or revoke. It is suggested you read the following literature to put them into the correct context regarding your own business. PUWER Regulations 3, 38, 37 and schedule 4 LOLER Regulations 3, 13 - 17 and schedule 2. PUWER '98: are general goal setting Regulations that apply to any machinery or tools used at work, including lifting equipment. They incorporate the present regulations governing this area and extend their scope to cover mobile, self-propelled and remote-controlled work equipment. The main requirements are to ensure that work equipment is suitable for purpose, is maintained, is inspected when appropriate to ensure it has been correctly installed and remains in a serviceable condition, that the people who use the equipment have been trained and have the information and instructions they need. LOLER: is closely associated with PUWER '98 and are also goal setting Regulations which address the high risks associated with lifting operations and lifting equipment. LOLER introduces a broad definition of lifting equipment, standardises requirements for periodic inspections and applies to all sections of industry. It is a legal requirement. Generally, the Regulations require that lifting equipment provided for use at work is:
Duty holders: Under both sets of regulations general duties applies to the employer (and the self-employed) but, in recognition of the way in which work equipment is used, the Regulations also impose duties on:
Safety advice: The Regulations underline the basic requirements that all work activity must be safe (so far as is reasonable practical). It affects all those responsible for the procurement, management and use of work equipment. What equipment is covered by the regulations? Lifting equipment includes any equipment used at work for lifting or lowering loads, including attachments used for anchoring, fixing or supporting it. The Regulations cover a wide range of equipment, including fork lift trucks and their attachments, such as man-up cages, etc. What am I required to do to comply with the LOLER requirements? If you provide lifting equipment at work, then the LOLER regulations apply. You must ensure that your lifting equipment meets the requirements of LOLER, for example that the equipment is strong enough, stable enough and suitable for the proposed use. You must ensure that any lifting operation is properly planned, appropriately supervised and carried out in a safe manner; that equipment used to lift people is marked and that it is safe for the purpose. You must also ensure that lifting equipment is thoroughly examined before being taken into use for the first time, and at regular intervals thereafter. Who is responsible for ensuring a truck has had a Thorough Examination? Generally, the employer of the operator of the lifting equipment has this responsibility. (Health & Safety Regulations Section 2: It shall be the duty of every employer to ensure so far as is reasonably practical the health, safety & welfare at work of his employees). Where the employer is also the owner of the lifting equipment, this duty is obvious; the employer must make arrangements for the equipment to receive regular Thorough Examinations. Where the employer does not own the equipment, such as in the case of leased equipment, or equipment on long term hire, his responsibilities are the same as if he owned it. If the equipment is rented on a short term contract the owner of the equipment is responsible for the Thorough Examination. However, the employer still has a duty to ensure that Thorough Examinations have been carried out i.e. by checking the Report of Thorough Examination. What does a Thorough Examination involve? A Thorough Examination is a statutory requirement for lifting equipment under LOLER 98, Regulation 9. It serves a similar purpose to that of an MOT, provides a report confirming that the equipment is safe to use, and offers advice on how to avoid risks in the use of that equipment. The equipment is checked for serviceability, and a report issued to the owner or operator of the equipment. It is not a maintenance inspection of the truck. Typical areas covered by a thorough examination include: Chains, Forks, Mast, Brakes, Steering, Wheels and Tyres, Overhead guard, Seatbelts. How often should an examination be carried out? Thorough examinations should be carried out according to the following schedule: Interval between examinations: Application:
Who can undertake a Thorough Examination? LOLER examinations should be undertaken by a competent person. A competent person is one who meets the requirements explained in LOLER, and could come from 1 of 3 general areas: an experienced fork lift truck engineer, an insurance company examiner or a specialist inspection company examiner. In order to be classed as a ‘competent person’, the examiner should have at least 5 years experience as a fork lift truck engineer, and to have undertaken the necessary courses as required by the FLTA/BITA. Revalidation is required every 5 years. The examiner must be able to act without fear or favour, independently from the routine maintenance of the truck, in other words your regular service engineer generally would not be able to carry out a Thorough Examination. Can my truck fail the Thorough Examination? It is not a case of ‘pass’ or ‘fail’ with LOLER examinations, merely it is noted where there are deficiencies in the equipment, which may require further attention. Any faults found during the Thorough Examination must be reported on, and action taken by the owner of the equipment within the timescale advised by the examiner. If the faults are not safety critical, a timescale may be given within which the faults must be rectified; where the faults are of a more serious nature, the examiner may recommend that the equipment is taken out of service until the fault is rectified. Where there is a fault which, in the opinion of the examiner could lead to an imminent risk of serious personal injury, the examiner has a duty to inform the local Health & Safety Authority. Such faults could include a broken chain link, or cracked fork. Why Compliance Training Services? There are a number of issues for the owners of lifting equipment to consider when arranging Thorough Examinations: 1) Ensuring the examiner is genuinely independent; 2) Ensuring the examiner has the required level of knowledge and experience to be classed as a competent person; 3) Ensuring future examinations are carried out as required by the examiner's timescale. CTS is an independent examining company, with many years' experience in FLT engineering. All our examiners are experienced to at least the FLTA requirements, and offer a nationwide coverage. All documentation is to FLTA standards, and all future examinations are carried out automatically, so you do not have to remember future examination dates. |