Fork Lift Legislation: LOLER & PUWER 98

A true Thorough Examination takes account of two different sets of Health and Safety regulations, commonly known as LOLER 98 and PUWER 98.

The formal legal requirement for Thorough Examination of fork lift trucks is set out in the Lifting Operations and Lifting Equipment Regulations 1998 (known as LOLER 98), regulation 9.

However, these rules only apply to the truck’s lifting mechanism – and under theProvision and Use of Work Equipment Regulations 1998 (known as PUWER 98), regulation 6, an employer also has a duty to perform regular “inspections”, and ensure work equipment remains safe to use.

In practice, an examination that only covers LOLER could therefore leave the fork lift truck’s owner liable to HSE enforcement under PUWER 98 rules.

Besides, the Health and Safety at Work act 1974 gives every employer a duty of care… and a truck that has not had its brakes, steering or structural integrity checked can hardly be said to be safe.

Lifting Operations and Lifting Equipment Regulations 1998, regulation 9, states:

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—
(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

 
(b) if appropriate for the purpose, is inspected by a competent person at suitable intervals between thorough examinations,
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.

 
Provision and Use of Work Equipment Regulations 1998, regulation 6, states:

Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected—

(a)at suitable intervals; and
(b)each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred,
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.
 
Every employer shall ensure that the result of an inspection made under this regulation is recorded and kept until the next inspection under this regulation is recorded.

Want to satisfy both LOLER and PUWER? See our interactive guide, here.