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Posted By Melanie Fellows
Hi All,
If you hire a FLT, who's responsibility is it for the thorough examination under LOLER?
Mine because I'm hiring and using it, or the hire company because it's their equipment?
Many thanks,
Mel
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Posted By Safe System
You will be responsible once it is on your site.
Hire company will (should) deliver it in a safe working condition complete with recent inspections...
You will need to ensure competent drivers are operating it and informally checking it every day before use etc... and working off the basis it will be on site for over 7 days, responsible for carrying out formal inspections and recording them.
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Posted By A Campbell
Mel,
I expect in most cases it would be the supplier of the hire equipment as they would have had it tested and a copy of the documents when supplied. If you have it on a long term agreement then best if you check and agree to the testing.
Also check with your insurer as they may specify who actually inspects FLT in your premises?
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Posted By Melanie Fellows
Hi,
Thanks for that, I know about the daily/ weekly inspections, etc. I just mean the 6 monthly checks we have done by our insurance company - should we add it to our register and do it ourselves (via our insurance inspector), or should the hire company do it?
Mel
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Posted By Melanie Fellows
I'll ring our insurers now and check - thanks.
Mel
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Posted By FAH
Mel, the ownership of the problem may be influenced by the type of contractual relationship that you have with the FLT hirer.
May I suggest that a careful read of that contract may answer your question?
Frank Hallett
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Posted By clairel
Your responsibility to check that it's got it's LOLER cert.
Your contract will determine whether getting the LOLER cert is your or their responsibility.
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Posted By Melanie Fellows
I'm just waiting for the hire company to fax over our contract, so hopefully I'll know more soon.
Mel
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Posted By Phil Rose
Reg 9 of LOLER generally places the responsibility on the employer to "ensure" that various things are done.
The FLT should arrive with the "physical evidence" of the last thorough examination.
While the contract may provide for the hire company to arrange or do the necessary examinations etc I would suggest that the duty to ensure would still rest with the 'user' employer
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Posted By Ali
Legally, the employer is responsible, but Reg 9(2)(4) does state...."unless if obtained from the undertaking of another person it (FLT) is accompanied by physical evidence that the last thorough examination has been carried out.." The HSE would expect the hirer (owner) to have carried out the Loler Report of Thorough Examination and the employer to ensure that he/she does not use the FLT until this requirement has been carried out.
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Posted By Bob Y
I wouldn't normally disagree with Claire but IMHO you can't normally vary a legal duty by contract. The contract may specify that the hire company will do the LOLER examination etc but I think that the DUTY to ensure that this is done would rest with the employer using the FLT
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Posted By Melanie Fellows
Hi All,
Thanks for your assistance.
In this instance, in the contract it's our responsibility, however, the hire company carry it out anyway.
So it's covered.
Thanks once again.
Mel
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Posted By W P F
Hire company should be providing a certificate of conformity for LOLER when you hire under the Supply of Machinery Regs, in addition to LOLER.
When its on your site, you need to ensure compliance with the SWL (Safe Working Load) and hence comply with the hire company should they wish to inspect it at any time during hire.
The hire company will have it on their insurance too, and you may well inform your insurance company that you have lifting gear on the premises (for whatever duration). This will have some effect on them, as they maybe required to commence testing under LOLER if the vehicle is there for some time.
Regards
WPF
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