2.2 Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)

Scope and Classification of MEWPs Under LOLER 1998

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER, Statutory Instrument 1998 No. 2307) apply across all industrial, commercial, and construction sectors in Great Britain where lifting equipment is used at work. Under Regulation 2, lifting equipment is defined as work equipment for lifting or lowering loads, including attachments used for anchoring, fixing, or supporting the equipment. A "load" explicitly includes people.

Because MEWPs—whether static verticals (1a), static booms (1b), mobile verticals (3a), or mobile booms (3b)—are designed specifically to elevate personnel, tools, and materials, they are legally categorised as lifting equipment for lifting persons. This classification places them in the highest tier of regulatory scrutiny under UK law. When an inanimate cargo crane drops a load, the result is typically property damage; when a MEWP suffers a mechanical, hydraulic, or structural failure while elevated, the occupants face catastrophic or fatal consequences.

---

Regulation 8: Planning, Organising, and Supervising Lifting Operations

Regulation 8 of LOLER establishes the foundational standard for conducting any lift. It dictates that every lifting operation must be:

1. Properly Planned by a Competent Person;
2. Appropriately Supervised; and
3. Carried Out in a Safe Manner.

               ┌─────────────────────────────────────────┐
               │ LOLER Regulation 8: The Three Pillars   │
               └────────────────────┬────────────────────┘
                                    │
         ┌──────────────────────────┼──────────────────────────┐
         ▼                          ▼                          ▼
┌─────────────────┐        ┌─────────────────┐        ┌─────────────────┐
│ Proper Planning │        │   Appropriate   │        │   Safe Manner   │
│ - Site survey   │        │   Supervision   │        │ - Pre-use check │
│ - Machine match │        │ - User/planner  │        │ - Safe envelope │
│ - Ground checks │        │ - Competent     │        │ - Rescue plan   │
│ - Lift Plan     │        │   supervisor    │        │   in readiness  │
└─────────────────┘        └─────────────────┘        └─────────────────┘

Who Plans a MEWP Lifting Operation?

LOLER places the planning duty on the employer, who must use a competent person. The UK code of practice, BS 8460:2025 (Safe use of mobile elevating work platforms (MEWPs) – Code of practice), describes the user as the person or organisation that controls the planning, management and use of the MEWP on site. In practice the user nominates a competent planner or supervisor (many hold the IPAF MEWPs for Managers qualification) with the knowledge and authority to assess ground conditions, select the correct machine category, set exclusion zones, check the thorough-examination evidence and prepare the written plan, usually a risk assessment and method statement (RAMS). Some sites borrow the crane term "appointed person" for this role, but BS 8460 speaks of the user and competent persons rather than requiring a specific job title.

Elements of a Compliant MEWP Lift Plan

A compliant lift plan for powered access must address:

• Ground and Subsurface Conditions: Identification of cellars, trenches, culverts, uncompacted fill, services, and ground bearing capacities ($kN/m^2$).
• Overhead Hazards: Proximity to overhead power lines, structural steelwork, pipe gantries, and crane operating zones.
• Machine Selection: Matching working height, horizontal outreach, and Safe Working Load (SWL) to the task requirements.
• Environmental Factors: Wind speed limits, rain, ice, thermal extremes, and ground saturation.
• Traffic Management and Segregation: Physical barriers and banksmen to isolate the MEWP from public vehicles and pedestrian traffic.
• Emergency Rescue Procedures: A site-specific, rehearsed rescue plan that does not rely exclusively on the local emergency services.

---

Regulation 9: Statutory Thorough Examination Requirements

Regulation 9 of LOLER establishes the statutory testing and examination regime for all lifting machinery. A crucial legal distinction exists between regular maintenance and a Thorough Examination.

• Maintenance / Operational Inspection: Routine servicing, visual walk-around checks, and periodic lubrication carried out by operators, fitters, or maintenance technicians to ensure functional reliability under PUWER Regulations 5 and 6. LOLER Regulation 9(3)(b) adds that, where appropriate, lifting equipment is also inspected by a competent person at suitable intervals between thorough examinations.
• Thorough Examination: A detailed, systematic examination conducted by an independent competent person to identify structural, mechanical, hydraulic, or electrical defects that are—or could become—dangerous to personnel.

Statutory Examination Intervals

Under Regulation 9(3), lifting equipment must undergo a Thorough Examination at specified statutory intervals:

Exceptional Circumstances Requiring Immediate Examination

Even if a MEWP has months remaining before its next 6-monthly examination, Regulation 9(3)(a)(iv) requires a Thorough Examination each time exceptional circumstances liable to jeopardise safety have occurred:

1. Major Structural Alterations or Repairs: Welding, section replacement, or straightening of boom assemblies, chassis members, outriggers, or scissor arms.
2. Critical Component Replacement: Replacement of hydraulic lift cylinders, counterbalance valves, slew ring bearings, or wire rope extension systems.
3. Accidents and Overturn Incidents: Machine tip-overs, high-energy structural collisions with buildings or plant, or uncontrolled drop events.
4. Platform Overload Incidents: Significant structural overloading that may have distorted steelwork or damaged load-sensing transducers.
5. Prolonged Periods of Inactivity: When a machine has been laid up or mothballed for an extended period before returning to active operational service.

The Independent Competent Person

Regulation 9 requires that the Thorough Examination be conducted by a competent person. Under HSE guidance, this individual must:

• Possess sufficient practical and theoretical knowledge of MEWPs to detect defects and evaluate their significance in relation to safety.
• Be sufficiently independent and impartial to make objective decisions without commercial or operational bias. While they may be employed by an external engineering insurance inspection company or a specialist plant hire compliance division, they must not be the person who conducts routine maintenance on that specific machine, nor should they be subject to operational pressure from site management.

---

Regulation 10: Reports of Thorough Examination and Defect Notification

Regulation 10 governs the documentation and reporting procedures following every Thorough Examination. The competent person must prepare a written report containing the particulars specified in Schedule 1 of LOLER, including:

• The name and address of the owner/employer;
• Identification details of the MEWP (make, model, serial number, year of manufacture);
• The date of the examination and the date by which the next examination must be completed;
• Safe Working Load (SWL) and maximum passenger capacity;
• Details of any defect found which is—or could become—a danger to persons.

What Regulation 10 Actually Requires

When defects are identified during a Thorough Examination, the duties are precise:

1. Notify the employer forthwith: The competent person must tell the employer immediately about any defect which, in their opinion, is or could become a danger to persons (for example, cracked slew-ring bolts, a frayed extension cable or a leaking load-holding valve).
2. Written report as soon as is practicable: The competent person must make a written report containing the Schedule 1 particulars to the employer and to anyone from whom the MEWP has been hired or leased. HSE's Approved Code of Practice expects this within 28 days.
3. Copy to the enforcing authority: Only where the defect involves an existing or imminent risk of serious personal injury must the competent person also send a copy of the report to the relevant enforcing authority as soon as is practicable. Where the MEWP is hired or leased, that authority is the HSE; otherwise it is the authority for the premises where the examination took place.
4. Employer must not use it: Under Regulation 10(3), once notified, the employer must ensure the equipment is not used before the defect is rectified—or, for a defect that is not yet dangerous, not after the time specified in the report for its repair.

Dangerous Now vs Dangerous Later

Schedule 1 of LOLER distinguishes between a defect that is already a danger (the report identifies it and the repair needed) and a defect that could become a danger (the report states the time by which it could become dangerous and the repair needed). Plant owners often label these "Category A" and "Category B" defects, but the legal test is the same: the machine must not be used once a dangerous defect is notified, or after the repair-by date has passed.

Keeping the Reports

Regulation 11 sets how long reports are kept available for inspection:

• Reports of periodic (6-monthly) examinations: until the next report is made or for 2 years, whichever is later.
• Report of the first examination before use (other than for an accessory): until the employer stops using the equipment.
• EC declaration of conformity for new equipment: kept for as long as the employer operates it.

Regulation 9(4) adds a practical rule for hired MEWPs: equipment must not leave one undertaking, or be used in another, unless it is accompanied by physical evidence that the last thorough examination was carried out. That is why plant owners fix an in-date examination sticker or tag to the machine, and why the operator checks it before use.

---

LOLER vs PUWER: The Inspection Hierarchy