Posted By paulw71
Hi
They are right, see below for defination of lifting operation, and also defination of lifting equipment.
31 In many lifting operations there is an element of transport, ie horizontal movement of a load, for example a FLT unloading a lorry. When equipment used for lifting is moved as a vehicle, transporting the load a significant distance, as when a FLT moves a load from a lorry to an indoor storage area, that operation should be regarded as transport, not lifting. Security of the load on a FLT would also normally be covered under HSW Act.
Excluded lifting equipment
24 LOLER should not be applied to the range of tools and apparatus which perform only a limited lifting function, such as a tractor 3-point linkage which raises an attachment, eg a plough, in order to clear the ground. This example is included as a specific paragraph of ACoP L113 (para 31).
25 Pallets, skips, ladles, and similar containers for carrying material loads, and which are not permanently attached to the lifting machinery, should be treated as 'the load', as they normally remain with the contents once the lifting operation is complete. LOLER reg.4 applies to the strength of the container (and that of its lugs, for example). There should be adequate maintenance (PUWER reg.5) and pre-use checks (LOLER reg.8) of the container to ensure it is actually capable of containing the load safely and will not disintegrate or detach from the lifting equipment.
26 Transporters and runways are devices used for the conveyance of goods on an overhead track, the load being suspended from a carriage running on the track. The load may be moved along the track under power or by hand. Where the load maintains a constant distance from the track and no lifting takes place, such installations should be regarded as conveyors and outside the scope of LOLER, notwithstanding that the load may travel from one level to another, over slight elevations or obstructions, or in and out of tanks.
27 Equipment supporting an elevated platform, such as a hydraulically raised walkway connecting an airport terminal to an aircraft, should not be regarded as covered by LOLER as its primary function is height adjustment rather than the lifting of persons, etc.
28 Machinery, whose primary function is not that of raising or lowering but which includes some integral part performing a lifting function, eg the boom of a mobile concreting pump or a tipper lorry which raises its body to discharge the load, should not be regarded as lifting equipment. This exclusion extends to chains, ropes and lifting tackle forming an integral part of the plant, for example counterbalanced furnace doors or dock gates. Machinery which lifts itself, eg roller shutter doors, is also not considered to be lifting equipment.
29 In cases where LOLER does not apply, it is likely that PUWER will require similar levels of precautions. In particular, where deterioration may result in risks which are significant, then inspections under PUWER reg.6 may be needed.
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