Why LOLER inspections may leave you open to prosecution

1 November 2023

Visitors to CFTS stand 130 in Hall 6 at LAMMA 2024 can discover ways to ensure crucial checks are not being missed.

Many employers (including the self-employed) in the agricultural sector are at risk of falling foul of the law by failing to ensure their equipment is adequately inspected.

That’s the view of Geoff Martin, chairman of CFTS, a leading accrediting body for the inspection of farming, construction and industrial equipment.

“By visiting us at LAMMA 2024 (Hall 6 stand 130) on the 17th and 18th January, you’ll find a warm welcome and helpful guidance on what actions you need to take in order to comply with all current legislation,” explains Mr Martin.

How a Thorough Examination differs from a LOLER… and why that matters

The HSE requires that a broad range of equipment used in this sector undergo a Thorough Examination, meaning it must be inspected line with two sets of regulations: LOLER (Lifting Operations and Lifting Equipment Regulations) and PUWER (Provision and Use of Work Equipment Regulations). 

“While LOLER addresses the forklift’s lifting mechanism, including the mast, forks and chains, PUWER covers the truck’s safety-critical components, including brakes, tyres and steering,” adds Mr Martin. “Work equipment must meet both sets of requirements. And while it’s fine for equipment owners to carry out their own maintenance in-house, Thorough Examinations can only be conducted by a Competent Person. We can explain what that means when you visit the CFTS stand.”  

Although LOLER is well known throughout the industry, there is concern that Thorough Examination is less understood, meaning many in the farming community are unaware that inspections under PUWER are also a legal obligation. 

Don’t take anything for granted 

“Owners of equipment often take inspections that come as part of insurance cover for granted, but it’s important to question what is currently being covered,” says Mr Martin. “My advice would be: ‘Don’t be afraid to ask your provider to confirm that the inspection meets both LOLER and PUWER requirements. If a truck is only inspected under one regulation, in the event of an inspection by HSE you will be liable for not meeting the other. 

“It’s important to be aware that you are not required to use the inspection service provided by your insurer. You are free to choose whoever you think will give you the best inspection and protect your interests as well as those working with the equipment.  

“Without a proper inspection you cannot be sure that your operations are safe or legal. If an accident were to occur due to faulty equipment, you not only put your operators at risk, but also your business, as it is the employer who will be liable and held to account. Non-compliance with LOLER and PUWER comes at a heavy cost. You run the risk of prosecution and financial penalties.” 

Half of farm deaths could have been avoided

This is particularly timely with HSE advising that 50% of farm deaths involving moving vehicles on British farms could have been prevented if those elements covered by PUWER, including brakes and steering, had been properly inspected and maintained. * 

Summing up, Mr Martin adds: “One of the many benefits of using a CFTS-accredited provider is that the Thorough Examination will be just that – thorough. Small issues will be caught before they turn into bigger problems. A CFTS examiner will supply a full report and certificate detailing their findings about the equipment, so there is no confusion about what has been inspected. You get complete transparency and peace of mind.” 

CFTS has a network of more than 800 accredited depots nationwide. Colleagues on stand 130 at LAMMMA can point you to your nearest provider and give valuable advice on what needs to be examined and, crucially, how often.