Lifting Operations and Lifting Equipment Regulations 1998

Regulation 2 - Interpretation

1b) "Lifting equipment" means work equipment for lifting or lowering loads and includes as attachments used for anchoring, fixing or supporting it. "Thorough examination" (a) means thorough examination by a competent person. (b) where appropriate to carry out testing for the purpose described in the paragraph, includes such testing by a competent person as is appropriate for the purpose. "Examination scheme" means a suitable scheme drawn up by a competent person for such thorough examinations of lifting equipment at such intervals as may be appropriate for the purpose described in regulation 9(3).

Regulation 9 - Thorough Examination and Inspection

1) Every employer shall ensure that before lifting equipment is put into service for the first time by him it is thoroughly examined for any defect unless either a) the lifting equipment has not been used before and b) in the case of lifting equipment for which an EC declaration of conformity could or should have been drawn up, the employer has received such declaration made not more than 12 months before the lifting equipment is put into service or, if obtained from the undertaking of another person, it is accompanied by physical evidence.

2) Every employer shall ensure that, where the safety of lifting equipment depends on the installation conditions, it is thoroughly examined - a) after installation and before being put into service for the first time; and b) after assembly and before being put into service at a new site or in a new location to ensure that it has been installed correctly and is safe to operate.

3) Every employer shall ensure that lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations is - a) thoroughly examine - i) in the case of lifting equipment for lifting person or an accessory for lifting, it least every 6 months ii) in the case of other lifting equipment, at least every 12 months; or iii) in either case, in accordance with an examination scheme; and iv) each time that exceptional circumstances which are liable to jeopardise the safety of the lifting equipment have occurred; and b) if appropriate for the purpose, is inspected by a competent person at suitable interval between thorough examinations. To ensure that the health and and safety conditions are maintained and that any deterioration can be detected and remedied in good time.

4) Every employer shall ensure that no lifting equipment - a) leaves his undertaking; or b) if obtained from the undertaking of another person, is used in his undertaking, unless it is accompanied by physical evidence that the last thorough examination required to be carried out under this regulation has been carried out.