How to comply with PUWER and LOLER equipment regulations

To comply with equipment safety laws, you must ensure every piece of work equipment you own or hire is suitable for the job, well-maintained, and inspected regularly by a qualified person. For any machinery that lifts things—like a mini-digger or hoist—more stringent rules apply. Meeting these legal duties, known as PUWER and LOLER, is essential for keeping yourself, your staff, and the public safe.

What is PUWER?

The Provision and Use of Work Equipment Regulations 1998 (PUWER) covers nearly every tool you use for work. Think of it as the foundation for equipment safety. It applies to everything from hand tools like spades and wheelbarrows to powered machinery like lawnmowers, disc cutters, and woodchippers.

Your main duties under PUWER are to ensure that any equipment you provide is:

• Suitable for the job: Using the right tool for the task to prevent strain or failure.
• Maintained in a safe condition: You must have a regular maintenance schedule to keep equipment in good working order, preventing faults that could cause injury.
• Inspected by a competent person: Equipment that has risks associated with it must have regular, documented inspections.
• Used only by trained people: Anyone using the equipment must have adequate training and instructions to use it safely.
• Fitted with the right safety measures: This includes things like protective guards on a disc cutter, emergency stop buttons, and clear warning markings.

What is LOLER?

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) applies in addition to PUWER. It sets out extra requirements for any piece of equipment that lifts or lowers a load. In landscaping, this could include a mini-digger using its bucket to lift heavy bags of aggregate, a small crane for moving paving slabs, or the chains and slings you use to attach the load.

Your key duties under LOLER include ensuring that lifting equipment is:

• Sufficiently strong and stable: It must be right for the specific weight and type of load.
• Marked with its Safe Working Load (SWL): This is the maximum load the equipment can safely lift.
• Subject to statutory 'Thorough Examinations': This is a systematic and detailed inspection by a competent person, similar to a car's MOT.
• Used for lifts that are properly planned and supervised: You must think about the lift beforehand to ensure it is carried out safely by a competent person.

Your Step-by-Step Action Plan

Following a clear process is the best way to stay compliant and keep everyone safe.

1. Create an Equipment Register: Make a list of every piece of machinery and equipment you use. Include the make, model, serial number, and date you acquired it. This is the foundation of your safety system.
2. Identify PUWER vs. LOLER Equipment: Go through your register and identify which items are used for lifting. A mini-digger is covered by PUWER for general use (digging, tracking) but also by LOLER when it's used to lift something.
3. Schedule Maintenance and Inspections: For all equipment, create a maintenance schedule based on the manufacturer's recommendations. For LOLER equipment, you must also schedule formal Thorough Examinations.
4. Find a 'Competent Person': A 'competent person' for inspections and examinations is someone with the necessary technical knowledge and experience to identify defects. For LOLER, this person must be sufficiently independent and impartial. Many specialist third-party companies offer these inspection services.
5. Keep Meticulous Records: Keep all maintenance logs, inspection reports, and especially the Reports of Thorough Examination for your lifting gear. These documents are your proof of compliance if a Health and Safety Executive (HSE) inspector visits or if an accident occurs.

Understanding LOLER Thorough Examinations

A LOLER Thorough Examination is a legal requirement. The frequency depends on the type of equipment and how it's used.

Type of Equipment	Minimum Examination Frequency
Equipment for lifting people (e.g., a cherry picker)	Every 6 months
Lifting accessories (e.g., slings, chains, eyebolts)	Every 6 months
All other lifting equipment (e.g., mini-digger, crane)	Every 12 months

An examination is also required after any 'exceptional circumstances,' such as damage, failure, a major repair, or a long period out of use.

Top Tip: When you hire equipment, it is the hire company's duty to provide it in a safe condition, but it is your duty to ensure you have received the latest Report of Thorough Examination before you use it for lifting. Do not use any lifting equipment without this paperwork.

Finally, remember that the rules are not just about the machines. Proper training for the operator is just as important. A well-maintained machine in the wrong hands is still dangerous. Always ensure that anyone using the equipment is competent to do so.