UK Statutory Instrument 1998 United Kingdom

Lifting Operations and Lifting Equipment Regulations 1998

What this means for your business

8 obligations
7 penalties
7 can imprison
8 guides
Enforced by
HSE
Applies to
United Kingdom
On this page
8 compliance obligations, 8 practical guides across 3 topics
Read full text on legislation.gov.uk

What you must do

8 compliance obligations under this legislation — 7 can result in imprisonment.

Equipment and safety 3

Ensure lifting equipment is strong enough for each load

2 years imprisonment

If your business uses lifts, hoists or other lifting gear, you must make sure that the equipment can safely handle any load you intend to lift. The machinery must not only have the right load‑rating but also be fitted securely, so the mounting points can take the stresses it generates. This is a day‑to‑day check that every lift you carry out must be safe before you start.

Employer s.4 HSE Whenever lifting equipment is used to move a load

Mark lifting equipment with its safe working load

2 years imprisonment

As an employer you must make sure every piece of lifting plant – cranes, hoists, slings, hooks and any accessories – is clearly labelled with its safe working load (SWL). If the load limit changes with the equipment’s configuration you must either label each configuration or keep a document with the SWL attached. You also need clear labels showing whether the equipment is designed to lift people or not, to prevent accidental misuse.

Employer s.7 HSE

Provide safe lifting equipment for persons

When your business lifts people, you must make sure the lifters are safe. They should stop anyone from being trapped, crushed or falling, and the lift itself should be checked every day if it could fall anyway due to the site or height. This keeps staff and anyone on the carrier protected while they work.

Employer s.5 HSE lifting a person with a lifting carrier

Inspections 1

Ensure lifting equipment is thoroughly examined and inspected

2 years imprisonment

You must have all lifting equipment checked for defects before you first use it, after it’s installed, and regularly thereafter (at least every 6 months for equipment that lifts people and every 12 months for other equipment, or as set out in your examination scheme). Any time there’s an incident, you move the equipment to a new site, or you suspect damage, you must arrange another thorough examination. Between these examinations a competent person must also inspect the equipment and you must keep evidence of the latest examination when the equipment is transferred or used.

Employer s.9 HSE when you use lifting equipment in your business

Management duties 3

Ensure defective lifting equipment is not used and is reported

2 years imprisonment

If a lifting device is found to be defective, you must stop using it straight away, have the fault fixed before it can be used again and keep a written record of the finding. The person who examined the equipment must tell you immediately about any danger and provide a written report, and if the fault could cause serious injury a copy of that report must be sent to the appropriate enforcing authority.

Employer s.10 HSE When a thorough examination or inspection identifies a defect that could be …

Ensure safe positioning of lifting equipment and provide fall‑prevention devices

2 years imprisonment

You must arrange and install any lifting plant so that it is as low‑risk as reasonably possible – avoiding people being struck, loads drifting, falling or being released unintentionally. You also need to fit suitable guards or other devices to stop anyone falling down a shaft or hoistway.

Employer s.6 HSE

Plan, supervise and carry out safe lifting operations

2 years imprisonment

Whenever you use lifting equipment to move a load, you must make sure the lift is planned by someone who knows what they’re doing, that it is properly supervised on site, and that it is carried out safely. This means having a competent person produce a lift plan, monitoring the work while it happens, and taking steps to prevent accidents.

Employer s.8 HSE When a lifting operation involving lifting equipment is performed

Record keeping 1

Retain equipment declarations and inspection records for required periods

2 years imprisonment

If you use lifting equipment that is covered by LOLER, you must keep the EC declaration of conformity for as long as you operate that equipment. You also have to store all inspection reports and defect records for the periods set out in the regulations and make them available for inspection when requested.

Employer s.11 HSE When you own, rent or otherwise use lifting equipment that falls under …

Penalties for non-compliance

7 penalties under this legislation. 7 can result in imprisonment. 7 carry an unlimited fine.

Prison risk

Ensure lifting equipment is strong enough for each load

Unlimited fine and/or 2 years imprisonment

Either way s.4 Penalises: Ensure lifting equipment is strong enough for each …
Prison risk

Mark lifting equipment with its safe working load

Unlimited fine and/or 2 years imprisonment

Either way s.7 Penalises: Mark lifting equipment with its safe working load
Prison risk

Ensure lifting equipment is thoroughly examined and inspected

Unlimited fine and/or 2 years imprisonment

Either way s.9 Penalises: Ensure lifting equipment is thoroughly examined and inspected
Prison risk

Ensure defective lifting equipment is not used and is reported

Unlimited fine and/or 2 years imprisonment

Either way s.10 Penalises: Ensure defective lifting equipment is not used and …
Prison risk

Ensure safe positioning of lifting equipment and provide fall‑prevention devices

Unlimited fine and/or 2 years imprisonment

Either way s.6 Penalises: Ensure safe positioning of lifting equipment and provide …
Prison risk

Plan, supervise and carry out safe lifting operations

Unlimited fine and/or 2 years imprisonment

Either way s.8 Penalises: Plan, supervise and carry out safe lifting operations
Prison risk

Retain equipment declarations and inspection records for required periods

Unlimited fine and/or 2 years imprisonment

Either way s.11 Penalises: Retain equipment declarations and inspection records for required …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

17 classified provisions from this legislation.

Duties 8

  • s.4 Strength and stability employer
  • s.5 Lifting equipment for lifting persons employer
  • s.6 Positioning and installation employer
  • s.7 Marking of lifting equipment employer
  • s.8 Organisation of lifting operations employer
  • s.9 Thorough examination and inspection employer
  • s.10 Reports and defects
  • s.11 Keeping of information report made

Definitions 1

  • s.2 Interpretation the 1974 Act accessory for lifting EC declaration of conformity declaration of conformity

Exemptions 3

  • Schedule 1 INFORMATION TO BE CONTAINED IN A REPORT OF A THOROUGH EXAMINATION
  • s.3 Application
  • s.12 Exemption for the armed forces