The Lifting Operations and Lifting Equipment Regulations 1998, commonly known as LOLER, govern the safe use of lifting equipment across UK workplaces. While these regulations carry significant legal weight, there are specific circumstances, equipment types, and operational contexts where exemptions apply. Understanding exactly where those boundaries lie is essential for employers, safety officers, and workers alike.
Is LOLER a Legal Requirement in UK Workplaces?
LOLER is absolutely a legal requirement under UK law, enforced by the Health and Safety Executive (HSE). It applies to all businesses that use lifting equipment as part of their work activities, placing a duty on employers to ensure that all such equipment is properly maintained, thoroughly examined, and fit for purpose.
The regulations sit alongside the Provision and Use of Work Equipment Regulations 1998 (PUWER), which cover broader work equipment safety. Together, these two sets of regulations form the backbone of workplace equipment legislation in Great Britain, and non-compliance can result in enforcement action, improvement notices, or prosecution.
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What Lifting Equipment is Not Covered by LOLER
Not all lifting equipment falls within the scope of LOLER, and this is where the exemption question becomes particularly important. The regulations apply specifically to equipment used for lifting or lowering loads, including people, but several categories sit outside their reach.
Equipment used purely for the purpose of moving goods or materials horizontally, without any lifting action, is generally not covered. Similarly, escalators are regulated under separate legislation, and certain agricultural equipment may be exempt depending on its specific use. Motor vehicles used on public roads, fairground equipment, and ship’s equipment also fall outside LOLER’s remit, as they are governed by their own distinct regulatory frameworks.
| Equipment Type | Covered by LOLER | Governing Regulation (if not LOLER) |
|---|---|---|
| Forklift trucks | Yes | LOLER + PUWER |
| Passenger lifts | Yes | LOLER |
| Escalators | No | Separate legislation |
| Motor vehicles (road use) | No | Road Traffic Act |
| Ship’s lifting gear | No | Maritime regulations |
| Fairground rides | No | HSWA / specific regs |
| Agricultural equipment (some) | Partial | Case-by-case basis |
Can I Refuse to Lift Heavy Objects at Work?
This is one of the most commonly misunderstood areas of workplace lifting law, and the answer is more nuanced than a simple yes or no. LOLER specifically concerns lifting equipment, not manual handling tasks carried out by workers unaided. Manual handling is instead governed by the Manual Handling Operations Regulations 1992, which require employers to assess and reduce the risks associated with lifting, carrying, and moving loads by hand.
Under those regulations, workers do have the right to raise concerns and, in certain circumstances, refuse tasks that pose a serious and imminent risk to their health. If an employer has failed to carry out a suitable manual handling risk assessment or has ignored repeated concerns about unsafe lifting practices, an employee may have grounds to refuse on health and safety grounds without facing detriment. For further guidance on your rights in this area, the HSE’s manual handling guidance provides a clear breakdown of employer and employee responsibilities.
Understanding the LOLER Inspection Interval: 6 Months or 12 Months?
The question of whether LOLER inspections are required every 6 months or every 12 months is one that regularly causes confusion, and the answer depends entirely on the type of equipment and how it is used. LOLER requires that lifting equipment be thoroughly examined at regular intervals by a competent person, but those intervals are not one-size-fits-all.
For lifting equipment used to lift people, a thorough examination must take place at least every six months. For all other lifting equipment, the required interval is at least every 12 months, unless the equipment is subject to conditions that increase the risk of deterioration, in which case more frequent examinations may be necessary. Employers can also follow an examination scheme drawn up by a competent person, which may specify different intervals based on a detailed risk assessment of the specific equipment and its operating environment.
| Equipment Use | Minimum Examination Frequency |
|---|---|
| Equipment used to lift people | Every 6 months |
| Accessories used to lift people | Every 6 months |
| All other lifting equipment | Every 12 months |
| Equipment in high-risk environments | More frequently, per examination scheme |
| New equipment (before first use) | Before first use in service |
| Equipment following exceptional circumstances | Before returning to use |
What is the Exemption for LOLER and When Does It Apply?
The core exemptions for LOLER centre on two main principles: the nature of the equipment itself and the nature of the activity being performed. Equipment that does not perform a lifting or lowering function in a defined working environment sits outside the regulations, as does equipment used in contexts covered by separate, more specific legislation.
It is worth noting that even where LOLER does not directly apply, employers are never entirely free from obligation. The Health and Safety at Work etc. Act 1974 imposes a broad general duty of care, meaning that workplace equipment of any kind must still be maintained and used safely. The Health and Safety Executive’s LOLER guidance pages and the UK Government’s legislation archive for LOLER both provide authoritative reference points for understanding exactly how and where the regulations apply.
Understanding the exemptions does not mean looking for ways around the regulations. It means applying them accurately, efficiently, and proportionately so that genuine risks are managed and resources are directed where they are most needed. For most UK businesses using cranes, hoists, forklifts, or passenger lifts, LOLER will apply in full, and compliance is non-negotiable.
What is the Exemption for LOLER: Frequently Asked Questions
LOLER applies to any business where lifting equipment is used as part of work activities, regardless of industry sector. However, the specific duties placed on employers vary depending on the type of equipment and how frequently it is used.
LOLER exists to ensure that lifting equipment used in workplaces is strong, stable, and suitable for its intended use. It requires regular inspection, proper maintenance, and appropriate use to protect both workers and members of the public. For a detailed overview of the regulation’s scope and history, the Wikipedia page on LOLER is a useful starting point.
The primary responsibility for LOLER compliance rests with the employer or, in the case of self-employed individuals, the person in control of the lifting equipment. Duty holders must ensure that all lifting operations are properly planned, supervised, and carried out safely.
A thorough examination is a systematic and detailed inspection carried out by a competent person to assess whether the equipment is safe to continue in use. It goes beyond routine maintenance checks and must be recorded in a formal written report.
Yes, if a contractor supplies or uses lifting equipment on a site, they may share responsibility for LOLER compliance with the main employer. The regulations place duties on anyone who has control over lifting equipment, not just the business owner.
A visual inspection alone does not satisfy the requirements of a thorough examination under LOLER. The competent person carrying out the examination must assess the equipment in depth, which may include testing, measurement, and disassembly where necessary.
Breaching LOLER can result in enforcement action by the HSE, including improvement notices, prohibition notices, or criminal prosecution. The HSE enforcement policy statement outlines how inspectors approach non-compliance across all sectors.
Yes, lifting accessories such as chains, slings, hooks, and shackles are subject to their own inspection requirements under LOLER. Accessories used to lift people must be thoroughly examined at least every six months.
Scissor lifts and mobile elevated work platforms used to lift people are fully covered under LOLER and require six-monthly thorough examinations. They must also be subject to a pre-use inspection before each working shift.
Employers must keep written reports of every thorough examination carried out under LOLER, along with any defect notices issued by the competent person. These records must be retained and made available to the HSE on request.
If a thorough examination reveals a defect that poses an immediate danger, the equipment must be taken out of service until the issue is resolved. The competent person is legally required to notify the relevant enforcing authority if they believe the defect presents a risk of serious personal injury.
LOLER does not specify a minimum weight threshold; the regulations apply based on the function of the equipment, not the load it carries. Any equipment designed to lift or lower a load as its primary function falls within scope.
LOLER works alongside PUWER, which covers the broader safe use of all work equipment. Where lifting equipment is concerned, both sets of regulations apply simultaneously, meaning employers must satisfy the requirements of each independently.
If an employee brings their own lifting equipment to a workplace and uses it for work purposes, LOLER still applies to that equipment. The employer retains responsibility for ensuring any equipment used on their premises meets the required safety standards.