05 November 2009
Lawrence Bamber

LOLER is the short for the Lifting Operations and Lifting Equipment Regulations, 1998. They require anyone who provides lifting equipment for use at work or anyone in control of lifting equipment to make sure the equipment is safe.

As well as LOLER, the main requirements for dutyholders are contained in PUWER: the Provision and Use of Work Equipment Regulations, 1998.

Element C5 of the NEBOSH National Diploma syllabus is titled Work Equipment and this covers lifting equipment. Students are expected to be able to outline:

• the selection, assessment, use and maintenance of work equipment, together with relevant legislation
• the main duties of the manufacturers and suppliers of work equipment
• (with reference to case studies), the likely causes of the failure of work equipment, together with testing and prevention strategies
• the principal advantages and safe working procedures for  maintenance and testing of work equipment
• the purpose, nature and requirements for statutory examinations.

Questions on lifting equipment appear on nearly every Unit C examination paper. This trend is likely to continue, especially if the proposals for tower/mobile crane registration (see hse consults on tower crane register reqs) come to fruition.

LOLER basics

Thorough examination and inspection are key requirements of LOLER. To meet them, dutyholders must:

• ensure that all lifting equipment, including lifting accessories, exposed to conditions likely to cause deterioration which could lead to dangerous situations (such as wet, abrasive and/or corrosive environments) undergoes regular thorough examination by a competent person
• ensure that all extra inspections and tests recommended by the competent person are carried out within the time scale stipulated.

The Regulations' scope is very wide and includes the full range of lifting equipment and lifting accessories, including: cranes, passenger and goods lifts, construction hoists, dumb waiters, scissor lifts, vehicles tail lifts, bath hoists, stair lifts, telehandlers, industrial (fork)lift trucks and vehicle lifts.
Accessories for lifting include: slings, hooks, shackles, eyebolts, and ropes used for climbing or work positioning.

The two key definitions to learn are:

• "Lifting equipment", which means work equipment for the lifting and lowering of loads. The definition includes attachments used to anchor, fix or support the equipment, such as the runway for an overhead travelling crane.
• "Accessory for lifting", which means lifting equipment for attaching loads to the machinery used for lifting
  and lowering.

Some lifting equipment isn't covered by LOLER, such as conveyor belts or three-point linkages on tractors, where lifting isn't their main function, and items such as pallets, skips, ladles, one-trip slings attached to loads or similar containers, which are considered to be part of the load. In these cases, the Provision and Use of Work Equipment Regulations (PUWER) still apply.

Thorough examination

A thorough examination is a systematic and detailed examination of the lifting equipment by a competent person to detect any defects that are, or might become, dangerous. The competent person will determine the scope of the thorough examination in each case.

A competent person should have enough practical and theoretical knowledge and experience of the lifting equipment to detect defects or weaknesses and be able to assess how they affect the lifting equipment's safety. They should not be the same person responsible for performing routine maintenance, as that would make them responsible for assessing their own work.

They should be independent and impartial enough to make objective decisions on safety grounds. They may be employed by a separate body (an engineering insurance company, for instance) or chosen by the employer from members of their own staff.

All lifting equipment should be thoroughly examined:

• before first use
• after assembly and before use at each location in which it is installed (in the case of tower cranes, for instance)
• regularly, while in service, if the equipment is exposed to conditions causing deterioration that is likely to result in dangerous structures.

Thorough examinations must be carried out either:

• every six months for passenger lifts and for all lifting accessories
• every 12 months for all other lifting equipment, or
• in line with a written scheme of examination drawn up by a competent person. This applies to both lifting equipment and lifting accessories.

It is important always to have lifting equipment and lifting accessories thoroughly examined following any exceptional circumstances. If the lifting equipment is damaged or fails, for example, or when it has been out of use for long periods of time, or if there is a major change in the way it is being used which is likely to affect its integrity.

Written schemes

An examination scheme involves a thorough examination by a competent person and must include a detailed schedule of checks, examination techniques and testing requirements drawn up to suit the operating conditions of a specific item of lifting equipment. The written scheme of examination:

• should identify the parts of the lifting equipment/accessories to be examined
• can cover a number of similar items (such as chain slings) subject to the same operating conditions, that is, all the lifting accessories in a factory which are similar enough in age and subjected to similar amounts of use
• may often specify periods that are different (longer or shorter) than the standard six or 12-month periodic examination intervals, though a longer period must be based on a rigorous risk assessment by the competent person
• can be drawn up by the user, owner, manufacturer or some other independent person, as long as they can show they are competent for the task
• should be reviewed regularly as part of each thorough examination and after any event (exceptional circumstances) that may adversely alter the risks associated with the lifting equipment. The user/owner's duty is to inform the competent person of any incidents that may adversely affect the risks associated with the equipment's and/or accessories' use.

PUWER requires inspections of all work equipment, including lifting equipment and accessories, exposed to conditions that cause deterioration that may result in dangerous situations. Inspections must take place at regular intervals between thorough examinations.

A good example is a forklift truck, where there is a need to inspect regularly  the distinct lifting elements as well as all the non-lifting elements. On a forklift:

• the thorough examinations and supplementary regular inspections (where required) will be carried out under LOLER and limited to the actual lifting mechanism, that is, the forks and the chains
• the inspection under PUWER will be limited to the non-lifting parts such as the brakes, lights, horn, reversing alarm, seat belts and roll-over protection - the cage
• the maintenance of both the lifting and non-lifting parts of the truck will be carried out under PUWER.

Examined and maintained

Thorough examinations are distinct from routine maintenance. Routine maintenance typically involves checking and replacing worn or damaged parts, regular lubrication, replacing time-expired components, topping up fluid levels: water, oil hydraulic fluid, and making routine adjustments.

All this is designed to prolong the active life of the equipment, to ensure it continues to operate as intended, and that any risks associated with wear or deterioration are minimised.

Thorough examination may well indicate areas and examples of poor maintenance but is not intended to replace it. Remember that maintenance is a requirement under PUWER.

Dutyholders have to keep records of all thorough examinations and inspections for lifting equipment and lifting accessories.The timescales for keeping records are as follows:

• equipment owners must keep the record of the thorough examination before first use as long as they are still using the equipment, and keep the comparable record for accessories for two years
• where the safety of the equipment depends on the installation conditions, the thorough examination before use record must be held until the equipment is no longer in use at the place where it was installed/assembled
• records of thorough examinations in service in accordance with a written scheme of examination, or at either six or 12-monthly intervals, must be kept until the next report is made or two years, whichever is later
• in-service inspection and testing records must be retained until the next report is issued.

Dealing with defects

If the competent person finds a defect in the lifting equipment during the thorough examination and/or inspection which they believe is, or will become, a danger to people, they must tell the user/owner/employer immediately and confirm the nature of the defect in the follow-up written thorough examination/inspection report.If the competent person discovers a defect with a existing or imminent risk of serious personal injury (a similar form of words is linked to the issue of a prohibition notice by HSE or local authority inspectors), then they must immediately inform the user/owner/employer and also send a copy of the thorough examination/inspection report to the relevant enforcing authority. This is mandatory even if the defects are fixed immediately. A competent person who fails to report a defect simply because it has been remedied on the spot is disguising a potentially dangerous situation.

The user/owner/employer must take prompt action to rectify any reported defect. If the owner/user receives notification of an existing or imminent risk of personal injury, they must take the equipment out of service immediately until the defect has been put right. If not, they risk prosecution.

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LOLER in the exam room

Question 5 of the January 2009 NEBOSH diploma  exam reads as follows:
"The Lifting Operations and Lifting Equipment Regulations, 1998 specifies fixed intervals between thorough examinations of lifting equipment, but also includes an option for thorough examination to be carried out in accordance with an 'examination scheme'. Outline the factors that a competent person would need to take into account when deciding whether less frequent examinations might be justified." (10 marks).

The January 2009 Examiners' Report stated: "In answering this question, examiners were looking for candidates to outline factors which the competent person (an insurance company engineer surveyor) would need to take into account, such as:

• the age of the equipment
• its history, including the extent of use, the loads lifted, and the environments in which it has been used
• its current and anticipated future use.

Other factors which should also be considered include:

• the standards and specifications to which the lifting equipment had been designed and manufactured
• the quality conformance of materials at the time of manufacture
• the manufacturer's recommendations on testing, inspection and maintenance, and whether they have been adhered to (by reference to records)
• the lifting equipment's accident, breakdown and repair history
• records of modifications and the fitting of replacement parts
• the records of previous thorough examinations
• the typical performance history of similar items of equipment
• any insurance company requirements.

The question was not particularly well answered and there were but few candidates who concentrated on the particular factors that would need to be considered in deciding whether less frequent examination might be justified."

Question 9 on the July 2008 NEBOSH Diploma  paper concerned the 1964 Brent Cross mobile crane collapse case study. Mobile cranes are covered by LOLER as they are a type of lifting equipment.

The question (worth 20 marks) was in two parts:
(a) "Summarise the key events leading to the mobile crane collapse at Brent Cross in 1964. (5 marks)
(b) Give an outline of the evidence that an investigation team would need to examine in order to determine the reasons for a mobile crane overturning."
(15 marks)

Question 4 on the July 2007 NEBOSH Diploma Examination paper mentions the use of a forklift truck which, again, is classed as a piece of lifting equipment, the chains on which are subject to six-monthly statutory examination. The question read as follows, and carried
10 marks:

"In order to inspect the insulation condition on pipework four metres above ground level it is proposed - in the absence of a mobile elevating work platform (MEWP) - to use a personnel cage lifted to the required height by a forklift truck (FLT). Outline the factors to be considered to ensure safety in the performance of this task."

Question 1 on the January 2007 NEBOSH Diploma Examination paper was about MEWPs which are  classed as lifting equipment, so must comply with LOLER:
(a) Outline a range of hazards associated with the use of mobile elevated work platforms (MEWPs) (4 marks)
(b)  Outline the general requirements for the safe use of MEWPs." (6 marks)

Question 8 of the January 2007 paper concerned a mobile crane (again!):
(a)  "Describe the factors that may cause instability of a mobile crane. (8 marks)
(b)  Outline the measures that should be taken to reduce the likelihood of overturning during a lifting operation." (12 marks)

Question 9(a) of the January 2006 paper asked candidates to outline the causes of instability in forklift trucks. (10 marks)

Question 9 of the July 2005 paper read as follows: "The jib of a large mobile crane has failed during a lifting operation. Describe, with sketches where appropriate, the range of issues and evidence that an investigation team will need to examine in order to determine the reason for the failure." (20 marks)

 

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Further reading

• Thorough Examination of Lifting Equipment - a Simple Guide for Employers INDG 422
• The Selection and Management of Mobile Elevating Work Platforms (MEWPs) HSE Construction Information Sheet CIS 58
• Safe use of lifting equipment. Lifting Operations and Lifting Equipment Regulations, 1998, Approved Code of Practice and Guidance, L 113
• Safe Use of Work Equipment, Provision and Use of Work Equipment Regulations, 1998, Approved Code of Practice and guidance (3rd Edition), L 22 
• Simple Guide to the Lifting Operations and Lifting Equipment Regulations, 1998, INDG 290
• Thorough examination and inspection of particular items of lifting equipment, HSE Contract Research Report CRR 429
• Thorough Examination and Testing of Lifts: Simple Guidance for Lift Owners, INDG 339

This article was prepared on behalf of the National Examination Board in Occupational Safety and Health (NEBOSH) by Lawrence Bamber, BSc, DIS, CFIOSH, FIRM, MASSE

Categories:
Qualifications, Safety, Professional Skills, Features, Lifting operations, Work equipment

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