Posted By Geoff Burt I think I need some help! Loler 98 Regulation 9(3)says - ... ensure lifting equipment ... is thoroughly examined - i) in the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months ii) in the case of other lifting equipment, at least every 12 months or... I have always read this to mean that a Fork Lift Truck must be thoroughly examined at intervals of 12 months. It was pointed out to me today that this isn't the case and that they should be thoroughly examined at 6 monthly intervals. Apparently this is because the term in (i) above 'accessory for lifting' is defined in the regulations as 'means work equipment for attaching loads to machinery for lifting' and does not just apply to lifting equipment for lifting people but as a general requirement. I've tried the Local Authority Circular website (advises 6 months or 12 months depending on usage), also the ACOP and the Open Learning Guidance - but cannot resolve this. Any ideas? Geoff

Posted By Dennis Rutter Geoff, It is my interpretation that a FLT is not an accessory as desrcribed under LOLER and therefore would only be required to be thoroughly examined every 12 months in accordance with an examination scheme. Obviously the "Competent Person" may decide it needs to be thoroughly exmined more often due to the environment it is being used in. The reason for my view is that under Loler, "accessory for lifting" means lifting equipment for attaching loads to machinery for lifting and therefore a FLT is not an accessory. Hope this helps.

Posted By Geoff Burt Thanks for the responses - I'm pleased to see you know where I am coming from on this - I thought I might be out on my own. Adrian - a question if I may. Perhaps I'm being a little slow but would this not mean that lifts not designed for people would also have to be inspected at 6 month intervals. Also I can't get my head round which equipment is covered by the 12 month requirement - surely they all have accessories for lifting? Dennis - It was put to me that chains are an accessory for lifting and thus are covered by the phrase 'accessories for lifting'. Hence my concern that I may have been giving out wrong advice. Bob - It is a moot point and since looking more deeply into this I have got more confused. Again I had assumed the requirement had slackened from 6 to 12 months. I couldn't agree more that if they meant it to mean slings, hooks etc (as you say, in line with the previous requirements) then there should have been an additional point in that section. Does anybody have an HSE contact we could go to for definitive advice? Geoff

Posted By Jack I've seen an HSE 'SIM' dealing with patient hoists and inspection frequency. I would try asking your local HSE office(or even the national information service) to see if there is a SIM covering the points you have raised (it should be on their intranet). Provided its 'open' (& it probably will be they'll let you have a copy)

Posted By Adrian Watson Dear Geoff, The problem with LOLER 98 Regulation 9 (3) (a) (i) is that it can be read in a number of ways. As previously stated this paragraph reads “in the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months.” It has been suggested that wording means that this means that “Lifting equipment used for lifting persons”, and “an accessory for lifting” must be tested at least every six months. All other items must be tested at least every twelve months. I do not agree with this interpretation on the strict reading of the words used in the regulation because if it were intended that it be read in this way, it would mean that a passenger lift would have to be tested every 6 months, as would chains or strops, which are clearly an accessory for lifting. However, it would also mean that a crane lifting a chained or stropped load would only have to be examined once a year. I suggest that the current wording means that if either “The lifting equipment lifts persons then it must be examined at least every 6 months.” or “The lifting equipment lifts an accessory for lifting, then it must be examined at least every 6 months.” This interpretation has the affect of requiring that lifting equipment used to lift a person or a suspended load by means of a strop, hook, chain, or other means has to be tested every 6 months. Lifting equipment not be covered by this definition, such as vehicle lifts, have to be tested every year. As usual the only arbiter on the real interpretation of this regulation are the courts. Regards Adrian

Posted By Robert K Lewis Adrian Re-read my response. The item concerning accessories for lifting I feel sure is linked to previous standard requirements for inspection and testing. As a fundamental rule no safety regulation may be enacted which lowers previous standards. Chains, ropes, slings etc were included in the 6monthly, generally, and this for me was sloppy drafting. This is the 1st interpretation which you rejected. ALL lifting equipment, other than for lifting persons, is 12 monthly or according to a scheme. Thus I do not do a 6 monthly on the crane but I do on the accessories. The gritty problem is that I can lift 450 tonne on a crane at 11months into its test period but not a 12stone person in a tested and approved cradle for lifting person attached to the same configuration. Which is the risk area? Bob

Posted By Robert K Lewis I think the general principle is the same for all work. The equipment is 12 monthly or otherwise by scheme. The exceptions are a) Lifting people b) accessories for lifting When will our legislators ever learn to say what they mean. We shouldn't actually need guidance notes to interpret legislation as there is an Act to tell all how interpretation is to be done, if I remember rightly!! Bob

Posted By Dave Daniel You should also note the option of writing your own schedule. I recently came across a small company in the depths of the Forest of Dean who kept and maintained a fork truck so that once a year they could lift a pallet off a lorry - this was their only large palletised delivery and there were no other firms with fork trucks nearby they might have borrowed. The truck was maintained under contract and serviced just before each delivery. I suggested that they write a schedule calling for an inspection every 300 lifts, on condition that regular maintenance and servicing were carried out - if the truck had been operating in a warehouse this would have equated to every other day! Of course in his case, it meant a thorough examination every 150 years! I would perhaps be more cautious if I felt that Insurance examinations were actually that thorough, but can you tell me how you can "Thoroughly Examine" 36 fork trucks and other plant in a large operational distribution centre in somewhat over 8 hours, and go on to write a "report of NON-thorough examination" for a truck which was no even on site???? Dave Daniel (Coventry)

Posted By Rob Waldie The regulations say "at least" either 6 or 12 months. The actual frequency should be based on a risk assessment that takes into account the environment and the way the equipment is used. This should be carried out by the competent person when preparing the examination scheme. I would advise that if you are selecting the maximum interval be prepared to justify why.

Posted By Geoff Burt Update: I've received a confirmatory letter from the Head of Branch (Workplace Transport & Special Hazards) at the HSE Policy Unit at Rose Court. "A fork-lift truck is not an accessory for lifting, neither is the chain. The truck is lifting equipment and the chain is an integral part of the truck. For detail about examination intervals, HSE guidance note PM28 accords with industry guidance produced by BITA, and recommends intervals of 12 months for a truck working one shift each day, but that more frequent examinations (within a written scheme) may be required for a truck working three shifts. Lifting accessories would be slings, hooks, grabs etc as you suggest." I think this fits in nicely with the concensus reached on the thread - I appreciate the help and support from everybody (on the forum and behind the scenes)who responded. Geoff

Posted By Geoff Burt Bob I suppose the initial question could have been a little clearer. Just as the regulations could be! The background is that I was picked up in the middle of a lecture on H&S Awareness for Fork Lift Truck drivers. The 'picker upper' objection was that the chain in an FLT was an 'accessory for lifting' and as such the FLT should be examined at intervals of 6 months - not 'at least every 12 months' as I had stated. The 'picker upper' is a very experience trainer of plant operators - which put the doubt in my mind, but clearly his objection was wrong. However, and not as part of the lecture, my previous understanding that 'accessories for lifting' had been relaxed to 12 months in LOLER 98 unless they were for lifting people, was incorrect - that interpretation was from a lecture I attended as a delegate in Autumn 2000 - and is obviously the result of the sloppy wording in the regulations. Hope this makes it a bit clearer. Geoff