Buying Second-Hand Lifting Equipment: What LOLER Requires Before First Use

Second-hand lifting equipment needs evidence of its last thorough examination, or a new examination, before first use under LOLER. What to ask for.

Before second-hand lifting equipment is used in your business, LOLER requires either a thorough examination or physical evidence that its last required thorough examination has been carried out. A declaration of conformity only helps with equipment that has never been used. If the equipment has to be installed, a separate examination after installation may be needed as well.

What does LOLER require before first use?

Regulation 9(1) of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) requires every employer to ensure that lifting equipment is thoroughly examined for any defect before they put it into service for the first time. There are two exceptions. One covers new equipment with a recent declaration of conformity. The other covers equipment obtained from another business that is "accompanied by physical evidence" under regulation 9(4).

Regulation 9(4)(b) then says that lifting equipment obtained from the undertaking of another person must not be used unless it is accompanied by physical evidence that the last thorough examination required under regulation 9 has been carried out. For a buyer, the practical choice is between that evidence and a fresh examination before use.

What counts as physical evidence of the last examination?

HSE's L113, at paragraph 354 (Guidance), says the evidence would normally be a paper copy of the last examination report, though it could be an electronic copy. Paragraph 357 (Guidance) lists what the accompanying information should include: who the examination was made for and where, enough information to identify the equipment, the date of the last examination, whether defects found have been rectified or remain outstanding, when the next examination is due, and the safe working load.

L113 paragraph 315 (Guidance) says used equipment supplied with a current report that found it safe to use does not need a further thorough examination before first use at the new premises. A report that is out of date, that recorded defects with no evidence of repair, or that cannot be matched to the item in front of you does not do that job.

Is a declaration of conformity enough?

Only for equipment that has not been used before. The regulation 9(1) exception needs both conditions: the equipment is unused, and the employer has received a declaration of conformity made not more than 12 months before the equipment is put into service. A used item fails the first condition whatever paperwork comes with it.

If a declaration of conformity does come with the equipment, keep it. LOLER regulation 11(1) requires an employer who receives one to keep it for as long as they operate the equipment.

What if the seller has no report?

If there is no report, or none that can be matched to the item, the equipment needs a thorough examination by a competent person before you use it. L113 paragraph 313 (Guidance) says the extent of an initial examination may depend on how much information the competent person has to base a judgement on, so any history the seller can provide is still worth having.

Do not assume the seller was obliged to supply the report. Regulation 9(4)(a) stops an employer letting equipment leave their undertaking without evidence of its last examination, but regulation 3(5) disapplies LOLER's employer duties for equipment a person supplies by way of sale. The duty that is certain in a sale is the buyer's.

Does the examination date on the old report still apply?

A report of thorough examination must state the latest date by which the next examination must be carried out, under LOLER Schedule 1. Where you rely on that report, that date is the one to work to.

Two things can change the position. If the previous owner worked to an examination scheme, it was drawn up for their conditions of use. L113 paragraph 335 (Approved Code of Practice) says a scheme should take account of the equipment's condition, its environment and the number of lifts and loads, so a competent person should decide whether it still applies to your use. And L113 paragraph 307 (Guidance) says a significant change in conditions of use can itself call for a thorough examination.

What if the equipment has to be installed?

A report can cover the equipment's condition, but not a new installation it has never had. L113 paragraph 315 says that if used equipment has to be installed, the requirements of LOLER regulation 9(2) should be considered.

Regulation 9(2) requires equipment whose safety depends on its installation conditions to be thoroughly examined after installation and before it is put into service. That applies to items such as a gantry crane or a fixed hoist whatever the seller's report says. Our guide to what counts as lifting equipment covers which items fall within LOLER at all.

Which records should you keep?

Keep the report you relied on, or the report of your own first examination. LOLER regulation 11(2)(a) requires a report made under regulation 9(1) to be kept until you stop using the equipment, or for two years after the report is made where the item is an accessory for lifting.

Keep the seller's history with it, including any repair records. If the equipment later leaves your business, regulation 9(4)(a) means you will need to pass evidence of its last examination on to whoever receives it.

How can EIS help with second-hand equipment?

We carry out first-use thorough examinations of used lifting equipment, lifting accessories and mobile plant such as used forklift trucks, across Kent, London, Essex, Surrey and Sussex. We do not sell, hire or repair equipment, so we have no interest in whether you buy it.

If you are considering a purchase, send us the seller's latest report. We can tell you whether it appears to meet the regulation 9(4) evidence requirement or whether an examination before first use is the safer course.

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