LOLER vs PUWER: Which Regulations Apply to Lifting Equipment?

LOLER and PUWER are two of the most commonly misunderstood sets of UK health and safety regulations. Both apply to work equipment, and both are often referenced when managing lifting equipment, but they serve different legal purposes.

Understanding the difference between LOLER vs PUWER is essential for dutyholders responsible for lifting equipment, as compliance with one does not remove the obligation to comply with the other.

What is PUWER?

PUWER refers to the Provision and Use of Work Equipment Regulations 1998.

PUWER applies to almost all work equipment and focuses on ensuring that equipment is:

• Suitable for its intended use

• Maintained in a safe condition

• Used only by trained and competent people

• Inspected where safety depends on installation conditions or deterioration

PUWER is concerned primarily with safe use and ongoing management of equipment.

What is LOLER?

LOLER refers to the Lifting Operations and Lifting Equipment Regulations 1998.

LOLER applies specifically to equipment used for lifting or lowering loads, including loads that are people. It focuses on risks associated with lifting operations and requires lifting equipment to undergo thorough examination by a competent person.

LOLER introduces more stringent inspection requirements where lifting equipment is involved.

LOLER vs PUWER: what is the difference?

The key difference between LOLER vs PUWER lies in what risk they are controlling.

• PUWER covers general safety, suitability, maintenance and use

• LOLER covers lifting risks and statutory inspection

In practice, lifting equipment is often subject to both sets of regulations at the same time.

Which lifting equipment is covered by LOLER?

LOLER applies to lifting equipment used at work, including:

• Passenger and goods lifts

• Hoists and lifting accessories

• Mobile elevating work platforms such as cherry pickers and scissor lifts

• Equipment used to lift people

Whether equipment falls under LOLER depends on how it is used, not just its design.

Does PUWER still apply when LOLER applies?

Yes. PUWER still applies even when LOLER applies.

For example:

• LOLER requires statutory thorough examination

• PUWER requires the equipment to be maintained, used correctly and inspected where necessary

LOLER does not replace PUWER. Both must be complied with.

Inspection under PUWER vs LOLER

PUWER inspections and LOLER thorough examinations are not the same.

• PUWER inspections focus on identifying deterioration or unsafe conditions during use

• LOLER thorough examinations are statutory inspections focused on lifting safety

Maintenance or PUWER inspections do not remove the legal requirement for LOLER thorough examination where LOLER applies.

Who is responsible for compliance?

Responsibility sits with the dutyholder, which may include:

• Employers

• Facilities management companies

• Building owners

• Contractors, depending on contractual arrangements

Dutyholders must ensure that the correct inspection regime is in place and that records are maintained.

Summary

In summary:

• PUWER applies to most work equipment and focuses on safe use and maintenance

• LOLER applies specifically to lifting equipment and lifting operations

• Lifting equipment is often subject to both LOLER and PUWER

• LOLER introduces statutory thorough examination requirements

• Compliance with one regulation does not remove obligations under the other

Understanding the difference between LOLER vs PUWER is critical for managing lifting equipment safely and legally.