Curriculum
- 1 Section
- 5 Lessons
- 65 Weeks
Module 2: Relevant Regulation
Relevant Regulation
In this module, we will explore the key legal framework surrounding LOLER (Lifting Operations and Lifting Equipment Regulations 1998) and how it fits within the wider context of UK health and safety legislation. Understanding the relevant regulations is crucial for any LOLER Risk Assessor, as compliance is not just about following procedures—it’s about fulfilling specific legal duties that ensure the safety of all lifting operations.
Relevant Regulation
In this module, we will explore the key legal framework surrounding LOLER (Lifting Operations and Lifting Equipment Regulations 1998) and how it fits within the wider context of UK health and safety legislation. Understanding the relevant regulations is crucial for any LOLER Risk Assessor, as compliance is not just about following procedures—it’s about fulfilling specific legal duties that ensure the safety of all lifting operations.
The Legal Foundation of LOLER
LOLER was introduced under the authority of the Health and Safety at Work etc. Act 1974 (HSWA), one of the cornerstone pieces of UK health and safety law. The HSWA sets out the general duty for employers to protect the health, safety, and welfare of their employees and others who may be affected by their work activities.
Under this Act, LOLER was developed to provide specific regulations governing the use, maintenance, and management of lifting equipment. Its main objective is to ensure that all lifting operations are properly planned, carried out safely, and regularly inspected by competent individuals.
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
Failure to comply with LOLER can lead to enforcement action, fines, and potential prosecution.
The Provision and Use of Work Equipment Regulations 1998 (PUWER)
In practice, this means that any lifting equipment used under LOLER must also comply with PUWER requirements. Together, these regulations form a comprehensive legal framework for equipment safety.
The Health and Safety at Work etc. Act 1974 (HSWA)
LOLER and PUWER both exist to help employers meet these general duties under the HSWA.
Supporting Guidance and Approved Codes of Practice (ACoPs)
These publications explain the practical steps needed to achieve compliance and are essential reading for any LOLER Risk Assessor.
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
LOLER applies to all employers, the self-employed, and any person in control of lifting equipment. The regulations require that:
- All lifting operations are properly planned, supervised, and carried out safely.
- Lifting equipment is strong, stable, and suitable for its intended use.
- Thorough examinations and inspections are conducted by a competent person at appropriate intervals.
- Records of inspections are kept and available for review by enforcing authorities.
- Defective equipment is taken out of service immediately to prevent use.
Failure to comply with LOLER can lead to enforcement action, fines, and potential prosecution.
The Provision and Use of Work Equipment Regulations 1998 (PUWER)
LOLER works closely alongside PUWER, another important set of regulations made under the HSWA. While LOLER focuses specifically on lifting equipment and operations, PUWER covers the safe use of all work equipment.
Under PUWER, employers must ensure that:
- All work equipment is suitable for the task and properly maintained.
- Equipment is used only by trained and competent individuals.
- Adequate information, instruction, and training are provided.
- Appropriate safeguards and controls are in place to prevent accidents.
In practice, this means that any lifting equipment used under LOLER must also comply with PUWER requirements. Together, these regulations form a comprehensive legal framework for equipment safety.
The Health and Safety at Work etc. Act 1974 (HSWA)
As mentioned earlier, the HSWA provides the overarching duty of care. Key responsibilities include:
- Employers must ensure, so far as reasonably practicable, the health and safety of employees and others affected by their work.
- Employees must take reasonable care for their own safety and cooperate with their employer on safety matters.
- Duty Holders must provide safe systems of work, safe equipment, and adequate training.
LOLER and PUWER both exist to help employers meet these general duties under the HSWA.
Supporting Guidance and Approved Codes of Practice (ACoPs)
To help duty holders comply with LOLER and PUWER, the Health and Safety Executive (HSE) publishes guidance and Approved Codes of Practice (ACoPs). While not legally binding, ACoPs have a special legal status — following them is considered sufficient to comply with the law. If you choose not to follow them, you must demonstrate that your approach provides an equivalent or better level of safety.
Key guidance documents include:
- L113 – Safe Use of Lifting Equipment: Approved Code of Practice and Guidance (LOLER).
- L22 – Safe Use of Work Equipment: Approved Code of Practice and Guidance (PUWER).
These publications explain the practical steps needed to achieve compliance and are essential reading for any LOLER Risk Assessor.
Competence and Accountability Under LOLER
The concept of competence is a central theme throughout LOLER and PUWER. A “competent person” is someone with the necessary knowledge, experience, and understanding to identify hazards and assess the condition of lifting equipment accurately.
As a LOLER Risk Assessor, you must:
- Understand the regulations and their practical implications.
- Be capable of identifying non-compliance and potential hazards.
- Provide clear, evidence-based recommendations to improve safety.
Failure to demonstrate competence or adequate supervision can result in serious legal consequences for both individuals and organisations.
Enforcement and Penalties
LOLER is enforced by the Health and Safety Executive (HSE) and local authorities.
Non-compliance may lead to:
- Improvement Notices – requiring corrective actions within a set timeframe.
- Prohibition Notices – stopping unsafe operations immediately.
- Prosecution – for serious breaches, which can lead to substantial fines or imprisonment.
Maintaining compliance not only avoids legal repercussions but also demonstrates commitment to best practice and employee welfare.