Using Lifting Equipment Safely

What does the law mean by Lifting Equipment and Lifting Operations?

When most people think about lifting equipment, the first things that typically come to mind are the huge tower cranes that swing through the air over construction sites or perhaps the large transportable cranes that we often pass when driving down the motorway.

However, lifting equipment is far more pervasive, being used in a wide range of circumstances such as delivery and storage of goods in retail outlets, working beneath vehicles in a local garage or using a sling to lift a disabled person in a care home. In practice, there are probably few workplaces where lifting equipment is not used at one time or another.

The problem is that when things go wrong with lifting equipment, the consequences can be anything from mild inconvenience to catastrophic.

This is where the Lifting Operations and Lifting Equipment Regulations (LOLER) come into play. When these regulations became law, they superseded a number of earlier legal requirements and brought clarity to reducing risks associated with lifting equipment in the workplace.

The reason for LOLER is that there is a temptation to take lifting equipment for granted with the potential that gradual deterioration can go unnoticed until it fails with potentially tragic consequences. In fact incidents are regularly reported in the media where employers have been prosecuted for failing to properly maintain or use lifting equipment.

For example, there was a recent incident in a Newcastle warehouse where a 4 tonne girder that was being moved from one end of the warehouse to the other narrowly missed workers when the slings used to attach the girder to the crane failed. Because of inadequate planning, the wrong equipment was used for this operation and although nobody was actually injured it cost the company more than £15K in fines and costs, not to mention loss of time and damaging publicity.

Another case earlier this year involved a public house in West Bromwich in which the publican was prosecuted for failing to carry out routine checks on cellar lifting gear. Under the regulations routine examinations must be carried out by an independent and competent person. The results must be documented and retained by the employer as evidence that the checks have been carried out.

So what are the legal requirements in regard to lifting equipment?

In general, the regulations require that:

Lifting equipment, which may be powered or manual, is sufficiently strong and stable for the work it is required to do. That means, of course, that it must be able to handle the heaviest load rather than the most typical load for which it is to be used.
The equipment must be clearly marked to indicate what is the safe working load for which it can be used.
Installation of the equipment or, if it is moveable, the positioning must be such as to minimise any risks associated with its use.
All lifting operations must be properly planned and supervised by competent persons and the persons operating the equipment must be trained in how to use it safely.
Thorough examinations of the lifting equipment must be carried out on a regular basis, along with accessories (such as slings, hooks or chains) and any devices use to secure it in position. Such examination must be carried out by a person who can demonstrate competency in such work.

Who is responsible for these legal requirements?

Employers have primary responsibility under LOLER for ensuring compliance with the regulations, whether they supply lifting equipment for use in the workplace or control the use of such equipment.

There is no mention in LOLER about responsibilities for employees but these responsibilities are adequately defined in the Health and Safety at Work Act, which requires employees to take reasonable care for their own safety and that of others who may be affected by their actions. This requirement applies when using lifting equipment every bit as much as in any other aspect of safety.

Those workplaces that make wide use of lifting equipment are likely to be most familiar with the regulations. They are likely to be less well understood by organisations and businesses that only use lifting equipment on an occasional basis.

It would be wise, therefore, to spend a little time identifying lifting equipment and operations in your workplace to ensure you are fully compliant with the Lifting Equipment and Lifting Operations Regulations. Failure to do so could prove expensive if an inspector calls and finds that you have not been carrying out routine checks or, even worse, you are using equipment that proves to be unsafe.

At EDP we include the requirements of LOLER whenever we undertake risk assessments in workplaces where lifting operations occur. If you are unsure about your own compliance or how to discharge your duties, then please get in touch with us for advice.

At EDP we only employ fully qualified and highly experienced health and safety professionals to provide consultancy services to our clients.

To discuss your health and safety or environment requirements, without any obligation on your part, please gives us a call on 01744 766000 or complete the Enquiry Form on our website.

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