LOLER 1998: Common Myths & Misconceptions

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) establish requirements for the safe use, examination and management of lifting equipment. However, misconceptions surrounding thorough examinations, load testing and equipment classification remain common.

Here are six common misconceptions and what the regulations and relevant guidance actually say.

LOLER 1998: Common Myths & Misconceptions.

1. New lifting equipment always requires thorough examination.

Myth: All newly manufactured lifting equipment must undergo a thorough examination before first use.

Fact: LOLER Regulation 9(1) provides an exemption for unused equipment accompanied by a Declaration of Conformity issued within the preceding 12 months.

However, Regulation 9(2) separately requires examination following installation where safety depends on installation conditions, such as a newly installed passenger lift.

2. Every thorough examination requires load testing.

Myth: Every LOLER thorough examination must include proof load testing or testing of overload protection devices.

Fact: LOLER Regulation 9 does not require routine load testing at every thorough examination.

HSE guidance, Thorough Examinations and Inspections of Lifting Equipment, warns that some frequent overload tests can damage equipment. Earlier legislation, including the Factories Act 1961, required testing of certain lifting tackle before first use, but not at every periodic examination.

The need for supplementary testing is determined by the competent person, considering equipment condition, manufacturer guidance and associated risks.

3. LOLER examinations are only required for insurance.

Myth: Lifting equipment only requires thorough examination because insurance companies insist upon it.

Fact: LOLER Regulation 9 establishes statutory examination requirements independently of insurance arrangements.

Examinations help determine whether lifting equipment remains safe for continued use. Regulation 10 also establishes requirements for reporting dangerous defects, including notification to the relevant enforcing authority where applicable.

4. Passenger lifts in apartment buildings are exempt from LOLER.

Myth: Passenger lifts in residential apartment buildings do not require thorough examination because they are not used as work equipment.

Fact: LOLER may not directly apply where lifts are provided primarily for residents rather than people at work. However, this does not remove the duty to ensure their safety.

HSE L113, paragraph 48, confirms that passenger lifts in blocks of flats should satisfy Section 4 of the Health and Safety at Work etc. Act 1974. It further explains that applying LOLER and PUWER safety requirements will probably satisfy these duties, including appropriate thorough examination and maintenance.

5. Anything displaying a safe working load falls under LOLER.

Myth: Tipping skips, pallet trucks and any equipment marked with a safe working load (SWL) automatically require LOLER thorough examination.

Fact: LOLER Regulation 2 defines lifting equipment by its function, rather than the presence of an SWL marking.

HSE guidance L113, paragraph 28(c), identifies high-lift pallet trucks capable of raising forks above 300 mm. Ordinary low-lift pallet trucks are generally excluded, while tipping skips, container skips and pallets are normally considered part of the load.

6. Cracked lifting equipment can simply be welded.

Myth: Cracks or fractures in lifting equipment can be repaired by welding without further assessment or supporting documentation.

Fact: SAFed guidance MLCC 15, Weld Repairs to Safety Critical Components on Lifting & Work Equipment, addresses repair suitability and supporting documentation.

This includes appropriate welding procedures, welder qualifications and relevant inspection or testing records. HSE guidance L113 also identifies the need for further thorough examination following significant repairs affecting equipment safety.

Further Information

For more information, read our What is LOLER 1998? A Guide to the Lifting Operations and Lifting Equipment Regulations article.

Additional guidance is available in HSE L113, Safe Use of Lifting Equipment.

Steadfast Compliance Ltd provides independent lifting equipment thorough examinations across Greater Manchester and the North West.

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