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ARE YOU COMPLYING WITH GOVERNMENT LEGISLATION ?
LOLER (THE Lifting Operations and Lifting Equipment Regulations 1998)
This guide provides information about the legal requirements of LOLER which came into force on 5th December 1998.
What Equipment is covered by the regulations ? ALL INFORMATION COMPILED BY CALEDONIAN ACCESS 2003
Lifting equipment includes any equipment used at work for lifting or lowering loads eg: Mobile elevating work platforms, cranes, fork lift trucks, taillifts, hoists etc
What do the Regulations require me to do ? ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
One of the main requirements of LOLER is that equipment used for lifting people must be Thoroughly Examined by a competent person at least every 6 months, and equipment used for lifting loads and materials are Thoroughly Examined at least every 12 months. After completing a thorough examination the competent person must complete a Thorough Examination report (and this must contain all the relevant details as laid out in schedule 1 regulation 10 to qualify as being a proper thorough examination report).
What is a Thorough Examination ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
Carried out by a competent person, Thorough Examinations involve detailed visual inspection, testing of components and systems and, where necessary (decided by the competent person undertaking the examination), dismantling, stripping of paint, measurement and non-destructive testing.
This in certain circumstances may require the removal of pins or components to ensure proper full examination.
No component or system should be assumed safe until inspection and testing has proved that it is.
Who is a Competent Person ?
A person that has the appropriate practical, theoretical background knowledge and experience of the equipment to be examined and to be sufficiently independent and impartial to allow objective decisions to be made.
Ideally, a competent person should have documentation issued by PAC (The Government approved body for powered access certification) This documentation should be valid for the type of equipment to be examined. ALL CALEDONIAN ACCESS ENGINEERS ARE PAC CERTIFIED.ALL INFORMATION COMPILED BY CALEDONIAN ACCESS ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
The following paragraphs detail actual extracts from the LOLER regulations as issued by the Health and Safety Executive.
L.O.L.E.R. The Lifting Operations and Lifting Equipment Regulations 1998 , ISBN 0 11 079598 9.
Thorough examination and inspection ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
9. - (1) Every employer shall ensure that before lifting equipment is put into service for the first time by him it is thoroughly examined for any defect
unless either -
(a) the lifting equipment has not been used before; and
(b) in the case of lifting equipment for which an EC declaration of conformity could or (in the case of a
declaration under the Lifts Regulations 1997) should have been drawn up, the employer has received such declaration made not more than 12 months before the lifting equipment is put into service;
or, if obtained from the undertaking of another person, it is accompanied by physical evidence referred to in paragraph (4). ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(2) Every employer shall ensure that, where the safety of lifting
equipment depends on the installation conditions, it is thoroughly examined - ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(a) after installation and before being put into service for the first time; and
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(b) after assembly and before being put into service at a new site or in a new location,
to ensure that it has been installed correctly and is safe to operate.
(3) Subject to paragraph (6), every employer shall ensure that lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations is -
(a) thoroughly examined - ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(i) in the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months;
(ii) in the case of other lifting equipment, at least every 12 months; or
(iii) in either case, in accordance with an examination scheme; and
(iv) each time that exceptional circumstances which are liable to jeopardise the
safety of the lifting equipment have occurred; and ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(b) if appropriate for the purpose, is inspected by a competent person at suitable intervals between thorough examinations, ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time. ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(4) Every employer shall ensure that no lifting equipment -
(a) leaves his undertaking; or ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(b) if obtained from the undertaking of another person, is used in his undertaking, unless it is accompanied by physical evidence that the last thorough examination required to be carried out
under this regulation has been carried out. ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(5) This regulation does not apply to winding apparatus to which the Mines (Shafts and Winding) Regulations 1993 apply. ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(6) Where lifting equipment was before the coming into force of these
Regulations required to be thoroughly examined by a provision specified in paragraph (7), the first thorough examination under paragraph (3) shall be made before the date by which a thorough examination would have been required by that
provision had it remained in force. ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
Reports and defects ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
10. - (1) A person making a thorough examination for an employer under regulation 9 shall -
(a) notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons;
(b) as soon as is practicable
make a report of the thorough examination in writing authenticated by him or on his behalf by signature or equally secure means and containing the information specified in Schedule 1 to -
(i) the employer; and ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(ii) any person from whom the lifting equipment has been hired or leased;
(c) where there is in his opinion a defect in the lifting equipment involving an existing or imminent risk of serious personal injury send a copy of the report as soon as is practicable to the relevant enforcing authority.
(2) A person making an inspection for an employer under regulation 9 shall -
(a) notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons; ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(b) as soon as is practicable make a record of the inspection in writing.
(3) Every employer who has been notified under paragraph (1) shall ensure that the lifting equipment is not used -
(a) before the defect is rectified; or
(b) in a case to which sub-paragraph (c) of paragraph 8 of Schedule 1 applies, after a time specified under that sub-paragraph
and before the defect is rectified.
(4) In this regulation "relevant enforcing authority" means -
(a) where the defective lifting equipment has been hired or leased by the employer, the Executive; and
(b) otherwise, the enforcing authority
for the premises in which the defective lifting equipment was thoroughly examined. ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
Keeping of information ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
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11. - (1) Where, after the coming into force of these Regulations, an employer obtaining lifting equipment to which these Regulations apply receives an EC declaration of conformity
relating to it, he shall keep the declaration for so long as he operates the lifting equipment.
(2) The employer shall ensure that the information contained in -
(a) every report made to him under regulation 10(1)(b) is kept available for inspection -
(i) in the case of a thorough examination under paragraph (1) of regulation 9 of lifting equipment other than an accessory for lifting, until he ceases to use the lifting
equipment;
(ii) in the case of a thorough examination under paragraph (1) of regulation 9 of an accessory for lifting, for two years after the report is made; ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(iii) in the case of a thorough examination under paragraph (2) of
regulation 9, until he ceases to use the lifting equipment at the place it was installed or assembled;
(iv) in the case of a thorough examination under paragraph (3) of regulation 9, until the next report is made under that paragraph
or the expiration of two years, whichever is later;
(b) every record made under regulation 10(2) is kept available until the next such record is made.
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SCHEDULE 1
Regulation 10(1) ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
INFORMATION TO BE CONTAINED IN A REPORT OF A THOROUGH EXAMINATION
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1. The name and address of the employer for whom the thorough examination was made.
2. The address of the premises at which the thorough examination was made.
3. Particulars sufficient to identify the lifting equipment including where known its date of manufacture.
4. The date of the last thorough examination. ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
5. The safe working load of the lifting equipment or
(where its safe working load depends on the configuration of the lifting equipment) its safe working load for the last configuration in which it was thoroughly examined.
6. In relation to the first thorough examination of lifting
equipment after installation or after assembly at a new site or in a new location - ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(a) that it is such thorough examination; ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(b) (if such be the case) that it has been installed correctly and would be safe to operate.
7. In relation to a thorough examination of lifting equipment other than a thorough examination to which paragraph 6 relates - ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(a) whether it is a thorough examination - ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(i) within an interval of 6 months under regulation 9(3)(a)(i);
(ii) within an interval of 12 months under regulation 9(3)(a)(ii);
(iii) in accordance with an examination scheme under regulation 9(3)(a)(iii); or
(iv) after the occurrence of exceptional circumstances under regulation 9(3)(a)(iv);
(b) (if such be the case) that the lifting equipment would be safe to operate.
8. In relation to every thorough examination of lifting equipment -
(a) identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect; ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
(b) particulars of any repair, renewal or alteration required to remedy a defect found to be a danger to persons;
(c) in the case of a defect which is not yet but could become a danger to persons -
(i) the time by which it could become such danger;
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(ii) particulars of any repair, renewal or alteration required to remedy it;
(d) the latest date by which the next thorough examination must be carried out;
(e) where the thorough examination included testing, particulars of any test;
(f) the date of the thorough examination. ALL INFORMATION COMPILED BY CALEDONIAN ACCESS
9. The name, address and qualifications of the person making the report; that he is self-employed or, if employed, the name and address of his employer.
10. The name and address of a person signing or authenticating the report on behalf of its author.
11. The date of the report.
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All Information Compiled by Caledonian Access 2002