Avoid lifting equipment confusion

Van operation managers should be aware of the Lifting Operations and Lifting Equipment Regulations (LOLER) regulations.

These regulations require that vehicles up to 3.5t GVW with electro hydraulic equipment are serviced at least six-monthly and tested annually. However, we are finding when talking to customers that this is not clear. This confusion not only puts people’s health and safety at risk – through overlooking unsafe lifting equipment – but also leaves employers open to prosecution.

The regulations are enforced by Health and Safety inspectors, and the maximum penalty in a Crown Court for the breach of a LOLER regulation is an unlimited fine – so LOLER regulations must be taken seriously.

The key message for van managers is not to assume that LOLER testing is automatically being carried out on their vehicles as part of their servicing and MoT programme. The problem is for vehicles over 3.5t GVW there is a requirement for the MoT to include LOLER testing.

However, for vehicles under 3.5t GVW there is no set requirement for them to ever produce certification of LOLER compliance. Therefore it is relatively easy – in the short term – for van opoerators and employers to avoid LOLER altogether –until an accident happens, or a health and safety spot-check takes place.

There is also a lot of confusion about who is responsible for compliance and how often vehicles need to be tested.

At ING Car Lease we recently undertook a survey of businesses and we found that when we asked how often businesses examined the lifting equipment on their vehicles, there was little uniformity in the responses. This is clearly a matter of concern. While 50% of businesses said they checked annually, 16% said quarterly and 33% monthly. The reality for businesses is that vehicles need to undergo a service every six months and then an annual examination.

Some fleet suppliers will automatically include LOLER testing in their servicing contract. But this is not the case across the board and it certainly isn’t a legal requirement of fleet suppliers. Ultimately, complying with LOLER regulations is the responsibility of the vehicle operator.

My advice to van operation managers who are unsure about the LOLER regulations would be to have the discussion with their fleet supplier and check whether the vehicles are being tested. Or for those that manage their own vans, then make sure the vehicles are tested now and the correct certification is in place – non-compliance really isn’t worth the risks to employees’ health or profit.

What the LOLER regs require

Vehicles up to 3.5 tonnes with electronic and hydraulic equipment must be serviced every six months and tested annually. In a Crown Court for the breach of a LOLER regulation is an unlimited fine.

Further information

Dave Freeman has written about this issue in Business Van Manager before. To read his report, click on the link Van operator confusion over LOLER regs

ING Car Lease is a wholly owned subsidiary of ING Group. Operating across nine European countries and employs 920 staff, it currently manages in excess of 153,250 vehicles, offering a wide range of funding and fleet management solutions. In the UK ING Car Lease operates a fleet of 50,000 vehicles.