PUWER vs LOLER: which rules apply to your plant?
Last reviewed
PUWER and LOLER are the two sets of regulations that most often decide what checks your plant needs and what paperwork goes with it. They aren’t alternatives. PUWER covers all work equipment, and LOLER adds extra requirements for lifting equipment, so a crane, a telehandler or a lorry loader has to meet both.
PUWER: all work equipment
The Provision and Use of Work Equipment Regulations 1998 (PUWER) apply to any machinery, appliance, apparatus, tool or installation used at work, so the scope is very wide. The duties fall on employers and on anyone who owns, operates or has control of work equipment. In summary, equipment must be:
- suitable for what it’s used for
- safe to use, maintained in a safe condition and, where necessary, inspected
- used only by people who have had adequate information, instruction and training
- fitted with suitable protective devices and controls, such as guards and emergency stops
PUWER also has specific requirements for mobile work equipment. HSE’s detailed guidance is L22.
LOLER: lifting equipment
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) apply to work equipment for lifting or lowering loads and to lifting accessories such as chains and slings. HSE’s PUWER guidance says LOLER applies “over and above” PUWER’s general requirements, to deal with the specific risks of lifting equipment and lifting operations. On top of PUWER, lifting equipment must be strong and stable enough for its use, marked with its safe working load, used in lifting operations that are properly planned, supervised and carried out safely, and thoroughly examined by a competent person. HSE’s detailed guidance is L113.
Side by side
| PUWER | LOLER | |
|---|---|---|
| Covers | All work equipment | Lifting equipment and lifting accessories, in addition to PUWER |
| Formal check | Inspection, where safety depends on how the equipment is installed or it’s exposed to conditions that cause dangerous deterioration | Thorough examination by a competent person, with inspections in between where appropriate |
| How often | After installation or assembly at a new site, at suitable intervals decided by a competent person, and after exceptional circumstances | Before first use, after installation, at least every 6 months (accessories and equipment for lifting people) or 12 months (other lifting equipment) or under an examination scheme, and after exceptional circumstances |
| Result | Inspection recorded, and kept until the next inspection is recorded | Written report, kept for set periods |
| When it leaves your business | Must be accompanied by physical evidence of the last inspection (regulation 6(4)) | Must be accompanied by physical evidence of the last thorough examination (regulation 9(4)) |
PUWER’s inspection regulation doesn’t apply to work equipment for lifting loads (regulation 6(5)); LOLER’s thorough examinations and inspections apply instead. The rest of PUWER still applies to lifting equipment. Some other equipment is also inspected under different rules rather than PUWER, such as equipment used in excavations under the Construction (Design and Management) Regulations 2015, and scaffolds, working platforms and ladders under the Work at Height Regulations 2005.
HSE’s PUWER guidance (L22) says physical evidence of the last inspection should suit the equipment: a copy of the last inspection record for large items, or a tag, colour code or label for smaller ones. Either way, it should let a user easily check that an inspection has been carried out and is current, and link back to the records.
Machines that fall under both
Take a telehandler. As a mobile machine it must meet PUWER: it has to be suitable for the job, maintained, fitted with the right protective devices and used only by trained operators. Because it lifts loads, LOLER applies too: its lifting function needs thorough examinations and reports, its safe working load must be marked, and each lift must be properly planned.
An excavator is similar. Used only for earth-moving, it’s work equipment under PUWER, which means an appropriate maintenance regime including inspections at intervals set by a competent person. Used to lift loads, for example pipes on chains, or with forks, grabs or a lifting magnet, it becomes lifting equipment, so LOLER’s requirements apply to it and to the accessories used with it, even if it only lifts occasionally.
Which certificates to keep with the machine
For most plant, that means the latest of each of these, where they apply:
- the LOLER thorough examination report, for anything used for lifting, and its lifting accessories
- the record of the last PUWER inspection, where the equipment needs inspecting
- anything else your customers or sites ask for, such as service records or insurance
HSE’s LOLER guidance says reports, the declaration of conformity and the current inspection record should be readily available to inspectors if they ask to see them.
With Safe Cert, all of them sit behind one QR code on the machine, and each is replaced as soon as you upload its renewal. See how hire companies use it, or read our guide to LOLER thorough examinations.