Rank: New forum user 
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I have started to see an increase in Dynamic Compaction on some construction projects and have been told by one contractor that the crane used does not have to comply with LOLER, as it is not certified for lifting, but Drag Line and DC duties. I find it difficult to agree with them, as i still see a weight being lifted, albeit it's a very repetative process. They state " We have a NCK Ajax C60 crane on site. It is certified for “drag line and DC duties only”. We are lifting and dropping an 8 tonne weight to treat each 3.4m grid square over a total area of 15000m2. We are being told we must have a lifting plan, signed off by an appointed person, and a lifting supervisor overseeing the works on permanent attendance – as required under the LOLER regs. The crane is NOT certified for general lifting duties and will not be undertaken any."
Opinions on LOLER compliance, Lift Plan, Lift Supervisor?
Thanks
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Rank: Forum user
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Regulation 8(2) of LOLER defines a lifting operation as 'an operation concerned with the lifting or lowering of a load'. A 'load' is the item or items being lifted, which includes a person or people.
Whatever the normal duties of the crane are, the load bearing parts of machinery are subject to the examination scheme required by LOLER.
Regarding the "lifting plan", that all depends on your definition of simple/complex lifts. With a simple lift eg. unloading using a hiab, a suitable plan might be a verbal explanation of what the delivery driver will do. eg. Park next to delivery spot, extend outriggers and use spreader plates, etc.
From HSE; "All lifting operations involving lifting equipment must be: - properly planned by a competent person
- appropriately supervised, and
- carried out in a safe manner
In planning any lifting operation, the identification and assessment of risk is key to identifying the most appropriate equipment and method for the job. Lifting operations range from: - the very simple and commonplace, where minimal on-the-job planning by trained, competent people may be all that is needed to manage risk; to
- very complex operations, which require sophisticated and detailed planning / records, with very high levels of expert input, monitoring and supervision - undertaken by specially trained personnel
The complexity of the plan and the extent of the resources used to manage risk must reflect the complexity and difficulty of the lifting operation." It's up to you to determine whether controls are adequate Edited by user 27 January 2021 14:30:55(UTC)
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Rank: Super forum user
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Crossan I suppose you could ask this contractor what they are going to do to prevent injury when the 8 tonne load and any accessories fails and someone is in the way, and on what legislative basis they would comply! This is not dissimilar to a piling rig or a ground investigation rig (e.g. doing coring). Routinely treated as being subject to LOLER, but with the difference that is less relevant to ground compacting, that part of the risk assessment is about assessing how big the load is - i.e. how much of the ground is being lifted when the tool on the rig is being withdrawn from the ground. As Pandatank indicates LOLER defines a "lifting operation". How does the use of this crane for dynamic compaction NOT meet the definition? Presumably the Contractor is not going to argue that CDM does not apply. So, you need a Construction Phase Plan that is going to have to cover various tasks done during the project including dynamic compaction. Someone is going to ask for a risk assessment and is probably going to look rather critically if that doesn't mention e.g. statutory examinations etc.
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Rank: Super forum user 
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Originally Posted by: peter gotch  How does the use of this crane for dynamic compaction NOT meet the definition?
I know you thought that was a rhetorical question, but: because there is no load. There is no thing being lifted. Parts of the machine go up and down, certainly, but those parts are not raising and lowering a load. 'Load' is not defiend in the regs (beyond that it could be a person, and includes attachements for fixing it, but if there is no load there will be no attachemnets securing the load).
I observe that the L113 flowchart doesn't help in this case. I observe that L113 does say that the primary purpose of the euipment needs to be to lift the thing, and gives the example of a tractor three-point linkage as not being LOLER, even though that is something that raises and lowers. With dynamic compaction the 'primary purpose' is not to raise the weight, it's to hit the ground (it would do its job if you didn't raise and lower a weight, but somehow hit the ground just as hard).
Let me try a rhetorical question of my own: does every single machine that contains any part that moves vertically fall under LOLER?
I think the question is not the 'no-brainer' that the answers (so far) imply. I'd tend towards saying LOLER might not apply, but PUWER certainly does.
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Rank: New forum user
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The contractor approcahed the HSE 4 years ago and got a vauge answer. The contractor is saying that the crane / rig is tested for drag line and DC works. However i'm sticking with the premise that a load is being lifted, even though the primary function is ground compaction.
I had asked for a basic lift plan, as the activity is not complex, and very repetative. As Peter notes, the contractor is saying that they categorise the rig and activities under PUWER .
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