PUWER 98 (Provision and Use of Work Equipment Regulations 1998)
What is PUWER?
PUWER — the Provision and Use of Work Equipment Regulations 1998 — is the piece of health and safety legislation that most forklift operators have never heard of. That's a problem, because it applies to every forklift truck used at work, and failing to meet its requirements is a legal breach — even if your LOLER paperwork is perfectly in order.
PUWER stands for the Provision and Use of Work Equipment Regulations 1998. Regulation 6 requires every employer to ensure that work equipment exposed to conditions causing deterioration is inspected at suitable intervals, and that the results of those inspections are recorded.
For forklift trucks, PUWER covers everything that LOLER does not: the vehicle itself. The brakes. The steering. The tyres. The overhead guard. The structural components. These are not lifting components — so LOLER doesn't touch them. But they are safety-critical. A forklift with undetected brake wear or steering deterioration is dangerous regardless of how thoroughly its forks have been inspected.
What does PUWER require?
PUWER 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."
It also requires that the results of every inspection are recorded and kept until the next inspection record is made.
In practice, for forklift trucks, PUWER inspection requirements sit alongside LOLER. They are separate legal duties. An employer who has a valid LOLER report but has not met their PUWER obligations is still non-compliant — still exposed to HSE enforcement.
The Health and Safety at Work Act 1974 reinforces this further. Every employer carries a general duty of care. A truck whose brakes, steering or structural integrity have not been checked cannot meaningfully be described as safe — whatever the LOLER certificate says.
What does a PUWER inspection cover on a forklift truck?
Under a full Thorough Examination covering PUWER requirements, a competent person will inspect:
- Brakes — service brake and parking brake, condition and effectiveness
- Steering — condition and response
- Tyres — condition, wear, and suitability for the operating surface
- Overhead guard — structural integrity and secure mounting
- Load backrest extension — condition and attachment
- Seat and seat mountings — condition and secure fixing
- Lights and warning devices — where fitted and required
- Structural components — frame, counterweight, and overall integrity
These are the components that determine whether a forklift truck is safe to drive, not just safe to lift with. Deterioration in any of them is a risk to operators, pedestrians, and anyone else in the working environment.
PUWER and LOLER: two regulations, one examination
The most important thing to understand about PUWER and LOLER in relation to forklift trucks is this: they are designed to work together, and a genuine Thorough Examination covers both.
LOLER requires thorough examination of the lifting equipment. PUWER requires inspection of the work equipment — the vehicle. A forklift truck is both. So both sets of regulations apply, and both must be met.
In practice, this means that a Thorough Examination which only covers LOLER — and many don't go further — is incomplete. It is not a full Thorough Examination in the sense intended by the legislation or the HSE. The operator has met part of their legal duty. The rest remains unmet.
This is not a minor technicality. The PUWER components — brakes, steering, structure — are precisely the elements most likely to cause serious harm if they fail undetected.
Why do so many forklift inspections miss PUWER?
Partly because LOLER is better known. The language of "LOLER inspection" has become shorthand for the whole exercise, when it only describes half of it. Partly because some providers structure their offering around LOLER alone, which is a narrower and faster scope of work.
This is the problem that CFTS was created to solve. Before CFTS was established in 2004, there was no nationally agreed standard for what a Thorough Examination should cover. Examinations varied widely. Scope was inconsistent. And in many cases, the PUWER elements were simply omitted.
CFTS drew together the requirements of both LOLER and PUWER, worked with the Health and Safety Executive, and produced a single definitive process. A CFTS Thorough Examination always covers both. It is the only examination standard with the full backing of the relevant industry trade associations.
PUWER and daily pre-use checks
It is worth being clear about something: PUWER does not only apply to formal periodic examinations. The requirement to ensure work equipment remains safe to use is ongoing. That means operators have a daily pre-use checking responsibility too.
Before every shift, operators should carry out checks that include — but are not limited to — brakes, steering, tyres, lights, horn, and any visible structural damage. These daily checks are not a substitute for a formal Thorough Examination, and a Thorough Examination does not remove the obligation to carry out daily checks.
Both are required. They serve different purposes. Daily checks identify obvious faults before use. A Thorough Examination by a competent person detects deterioration that operators are not trained or equipped to identify — wear rates, measurement thresholds, developing defects that aren't yet visible.
Who is responsible for PUWER compliance?
The employer. Always.
Whether you own the truck, lease it, or hire it — if your employees operate it, you are responsible for ensuring it meets PUWER requirements. This includes ensuring that periodic Thorough Examinations covering PUWER are carried out at appropriate intervals, that daily pre-use checks are happening and being recorded, and that defects are reported and remedied promptly.
Ignorance of PUWER is not a defence. "We had a LOLER inspection" is not a defence if the PUWER elements were not covered.
The CFTS Thorough Examination provides a clear, documented record that both LOLER and PUWER requirements have been met — carried out by a registered competent person, to the industry's agreed standard.
The CFTS standard for PUWER compliance
CFTS — Consolidated Fork Truck Services — is the UK forklift industry's national accreditation scheme for Thorough Examination. It was developed specifically to address the problem of incomplete examinations — examinations that covered LOLER but ignored PUWER, leaving operators legally exposed and equipment unsafe.
A CFTS Thorough Examination covers all PUWER inspection requirements alongside LOLER. It follows a strict Quality Assurance Procedural Code. Every CFTS examiner is a named, registered competent person with appropriate training and experience. And the CFTS report provides documented evidence that both sets of regulations have been met.
The CFTS mark is the industry guarantee. No other scheme has the full backing of the relevant trade associations or the same history of working in consultation with the HSE.
[Find a CFTS-accredited examiner near you]
Frequently asked questions about PUWER
What is the difference between PUWER and LOLER for forklift trucks?
LOLER (Lifting Operations and Lifting Equipment Regulations 1998) covers the lifting components of a forklift — mast, forks, chains, hydraulics, carriage. PUWER (Provision and Use of Work Equipment Regulations 1998) covers the vehicle components — brakes, steering, tyres, overhead guard, structure. Both sets of regulations apply to every forklift truck used at work. A genuine Thorough Examination covers both.
Do I need a separate PUWER inspection and a LOLER inspection?
No — not separately. A full Thorough Examination carried out by a CFTS-accredited examiner covers both LOLER and PUWER requirements in a single visit, producing a single combined report. The key is ensuring your examination genuinely covers both. A LOLER-only inspection does not satisfy your PUWER obligations.
How often is a PUWER inspection required?
PUWER requires inspection "at suitable intervals" — a standard that is satisfied, for forklift trucks, by a Thorough Examination at least every 12 months (or 6 months where applicable). In addition, PUWER obligations underpin the requirement for daily pre-use checks by operators before every shift.
What happens if my forklift fails a PUWER inspection?
The same process applies as for any Thorough Examination defect. If defects don't immediately affect safety, the report identifies them with a rectification deadline. If defects represent an imminent danger, the truck must not be used until repaired, and the relevant enforcing authority will normally be notified.
Can a PUWER inspection be combined with a service visit?
Yes. A competent person can carry out a service and Thorough Examination (covering both LOLER and PUWER) on the same visit. The Thorough Examination must be completed and documented first, before any servicing or repair work begins.
Is a daily pre-use check the same as a PUWER inspection?
No. Daily pre-use checks are an operator responsibility and cover obvious, visible faults. A formal Thorough Examination under PUWER is a detailed inspection by a competent person — trained to detect deterioration, take measurements, and identify developing defects that are not apparent to the operator. Both are required. Neither substitutes for the other.
