Introduction to Health and Safety at Work

17.21.2 Defi nition
Lifting equipment includes 
any equipment used at work 
for lifting or lowering loads
, including attachments used 
for anchoring, fi xing or supporting it. The Regulations 
cover a wide range of equipment including, cranes, fork 
lift trucks, lifts, hoists, mobile elevating work platforms, 
and vehicle inspection platform hoists. The defi nition also 
includes lifting accessories such as chains, slings, eye-
bolts etc. LOLER 
does not
apply to escalators, these are 
covered by more specifi c legislation, i.e. the Workplace 
(Health, Safety and Welfare) Regulations 1992.
If employees are allowed to provide their own lifting 
equipment, then this too is covered by the Regulations.
17.21.3 Application
The Regulations apply to an employer or self-employed 
person providing lifting equipment for use at work, or 
who has control of the use of lifting equipment. They do 
not apply to equipment to be used primarily by members 
of the public, for example, lifts in a shopping centre. 
However, such circumstances are covered by the HSW 
Act 1974.
LOLER applies to the way lifting equipment is used 
in industry and commerce. LOLER applies only to work 
activities, for example:
➤
a crane on hire to a construction site
➤
a contract lift
➤
a passenger lift provided for use of workers in an 
offi ce block
➤
refuse collecting vehicles lifting on a public road
➤
patient 
hoist
➤
fork lift truck.
These Regulations add to the requirements of PUWER 98 
and should be interpreted with them. For example, when 
selecting lifting equipment, PUWER Regulation 4, regard-
ing suitability, should be considered in connection with:
➤
ergonomics
➤
the conditions in which the equipment is to be used
➤
safe access and egress
➤
preventing slips trips and falls
➤
protecting the operator.
While employees do not have duties under LOLER, 
they do have general duties under the HSW Act and the 
Management of Health and Safety at Work Regulations 
1992 (MHSWR), for example, to take reasonable care 
of themselves and others who may be affected by their 
actions and to co-operate with others.
The Regulations cover places where the HSW Act 
applies – these include factories, offshore installations, 
agricultural premises, offi ces, shops, hospitals, hotels, 
places of entertainment etc.