LOLER vs PUWER: Which Applies to Your Machine?
PUWER and LOLER are the two regulations that govern almost everything a plant operator touches, and they are routinely confused. The confusion is understandable — they were made in the same year, they use similar language, and most lifting machines are subject to both at once. But they do different jobs, and knowing which applies to a given task determines what paperwork you need and what an inspector will ask for.
The shortest useful summary is this: PUWER governs equipment, LOLER governs lifting. PUWER asks whether the machine is suitable, maintained, inspected and used by trained people. LOLER asks whether the lift was planned, whether the equipment was thoroughly examined, and whether the load and accessories were correctly rated and marked.
This guide sets out where each applies, what changes when a machine starts lifting, and the evidence gaps that show up most often on sites and farms across the North East.
Key points
- PUWER applies to all work equipment; LOLER applies only to lifting.
- Most lifting machines are subject to both simultaneously.
- LOLER adds lift planning, marking of safe working loads and thorough examination.
- Thorough examination is 12-monthly generally, 6-monthly for lifting people and accessories.
- The duty follows whoever controls the equipment, including hired-in plant.
What PUWER covers
The Provision and Use of Work Equipment Regulations 1998 apply to virtually every piece of equipment used at work — excavators, telehandlers, forklifts, dumpers, rollers, MEWPs, hand tools and fixed machinery alike.
The core duties are that equipment must be suitable for the purpose and conditions, maintained in efficient working order, inspected where deterioration could cause danger, restricted to competent people where specific risks exist, and used only by people who have received adequate training. Guarding, controls, stability, isolation, warnings and stop functions all have specific requirements attached.
For operators, PUWER Regulation 9 is the one that matters most: training must cover the methods to be used, the risks, the precautions and foreseeable abnormal situations. That last phrase is the reason a good course spends time on what to do when something goes wrong rather than only how to operate correctly.
What LOLER adds
The Lifting Operations and Lifting Equipment Regulations 1998 apply whenever work equipment is used for lifting or lowering loads, including lifting accessories such as chains, slings, shackles and lifting eyes.
LOLER adds four things PUWER does not. Lifting operations must be properly planned by a competent person, appropriately supervised and carried out safely. Equipment must be marked with its safe working load. Equipment must be positioned or installed to minimise risk from loads striking people or the equipment collapsing. And equipment must undergo thorough examination by a competent person at statutory intervals.
In practice, the planning requirement is where most sites fall short. A lift plan for a routine repetitive lift can be a short generic document, but it must exist, it must be produced by someone competent, and it must be communicated to the people doing the work.
- Planned by a competent person, supervised and carried out safely
- Safe working load marked on equipment and accessories
- Positioned to minimise risk of collapse or striking people
- Thorough examination at statutory intervals with reports retained
The moment a machine moves from PUWER to both
An excavator digging a trench sits under PUWER. Attach a chain to the bucket's lifting eye and place a pipe section, and LOLER now applies as well. A telehandler placing a pallet on forks is generally handled under PUWER with LOLER applying to accessories; hang a load from a hook and the full LOLER planning regime engages.
A forklift lifting a load on forks is subject to LOLER thorough examination requirements as lifting equipment, and any slings or lifting accessories used with it are subject to six-monthly examination. Fit a man cage to any of these machines and you are lifting people, which brings six-monthly examination and much stricter controls.
The practical test is straightforward: if a load is being raised or lowered by the equipment, LOLER is in play alongside PUWER.
Inspection versus thorough examination
These two terms are used interchangeably on site and they are not the same thing. A PUWER inspection is a check appropriate to the risk — often a documented weekly or monthly check by a competent person within the business. A pre-use check by the operator sits below both and happens every shift.
A LOLER thorough examination is a formal, detailed examination by a competent person, usually an independent engineer, resulting in a written report. Intervals are twelve months for lifting equipment generally, six months for equipment used to lift people and for lifting accessories, or in accordance with a written scheme of examination.
Auditors ask for all three: the operator's daily check record, the periodic inspection record, and the thorough examination report. Businesses that keep only the last one have a gap.
- Pre-use check — operator, every shift
- PUWER inspection — competent person, risk-based interval
- LOLER thorough examination — competent person, statutory interval, written report
What this means for training records
Under PUWER you must be able to show that each operator has adequate training for the specific equipment they use. Under LOLER you must additionally show that whoever plans lifts is competent to do so, and that the people slinging and signalling are trained for those roles.
For a typical Aberdeenshire contractor or farm, that means a competence register with three columns: machine categories held by each operator, lifting-related qualifications, and thorough examination dates for every machine and accessory. Building it takes an afternoon; not having it is the single most common finding when things are looked at closely.
PUWER and LOLER compared
| Aspect | PUWER 1998 | LOLER 1998 |
|---|---|---|
| Scope | All work equipment | Lifting equipment and accessories |
| Core duty | Suitable, maintained, safely used | Lifts planned, supervised, safely carried out |
| Training | Adequate training for the equipment | Competence for planning, slinging and signalling |
| Marking | Warnings and markings as needed | Safe working load must be marked |
| Examination | Inspection at suitable intervals | Thorough examination: 12 months, or 6 for people/accessories |
| Records | Inspection records | Written report of thorough examination |
Frequently asked questions
Does LOLER replace PUWER for cranes?
No. Both apply. PUWER covers the machine as work equipment; LOLER adds the lifting-specific duties around planning, marking and thorough examination.
Does LOLER apply to a forklift?
Yes. A forklift is lifting equipment, so thorough examination applies, and any lifting accessories used with it require six-monthly examination.
Who can carry out a thorough examination?
A competent person with the necessary practical and theoretical knowledge and experience, and sufficient independence to give an objective opinion — usually an external engineer surveyor.
Do these regulations apply to hired plant?
Yes. The duty follows whoever controls the equipment's use, so the hirer has duties around suitability, operator competence and pre-use checks even though they do not own the machine.
Is a lift plan needed for every lift?
Every lifting operation must be planned, but the plan can be generic for routine repetitive lifts. Complex or unusual lifts need a specific written plan from an appointed person.
Need this training arranged?
Tell us the machines and the number of operators. Chris will call back with straight advice and a firm price.