Relevant documents and M-notices: MGN 332, The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006, COSWP Chapter 19.
Who does LOLER apply to?
LOLER applies to all UK registered ships and, with the exception of certain provisions, to all UK registered fishing vessels and government owned ships (excluding Royal Navy ships) wherever they may be, and to non-UK ships and fishing vessels in UK waters.
LOLER aims to make lifting operations safer for crew, ships and property. It lays out the legal obligations of shipowners and employers regarding the provision, fitting and maintenance of lifting equipment.
Overlap with PUWER
PUWER (The merchant shipping and fishing vessels (provision and use of work equipment) regulations 2006) does overlap slightly in that lifting equipment is work equipment. So, while PUWER regs apply to lifting equipment, so do the LOLER regs. In general, if it has a SWL/WLL, LOLER applies. Think about a forklift; the whole thing comes under PUWER, including the tyres, the light on top and the propulsion system, but only the lifting gear at the front comes under LOLER
Some definitions
A lifting accessory is something that is used to lift, but does not do the lifting. It attaches the load to the machinery. So a strop, a shackle, a master link and a crane hook are all accessories.
A lifting appliance is the thing that does the lifting. So a crane, an A-frame, a derrick, a davit, a winch; these are appliances. Both lifting appliances and lifting accessories are lifting equipment.
SWL or WLL?
Safe Working Load is being phased out in favour of Working Load Limit; it is arrived at the same way and will be the same value. Note that most legislation still says SWL but expect this to change in time. ACOP still refers to the SWL.
ACOP
This is the Approved Code of Practice and guidance on LOLER; it is published by The Stationary Office on behalf of the Health and Safety Executive.
Who is a competent person?
This is a worth spending some time on, as this can cause confusion. From MGN 332:
“A competent person is defined as a person possessing the knowledge or experience necessary to enable them to satisfactorily perform the duties required by these regulations. Such knowledge and experience can be obtained in a variety of ways. For example, a “competent person” might obtain the necessary knowledge through training provided by the manufacturer of equipment or by “inhouse” or “on the job” training provided within the organisation or on the vessel.
It is for the shipowner and employer to decide who is a “competent person” for a particular duty. A member of the ship’s crew might, if they have the appropriate knowledge and experience, be considered a “competent person” for the purpose of carrying out routine inspections, whereas a “competent person” able to carry out tests of lifting equipment may need to be provided by a company specialising in such testing.
It is for the shipowner and employer to satisfy themselves that the person carrying out an inspection, test, thorough examination or any other duty under these regulations has such appropriate practical and theoretical knowledge and experience of the lifting equipment to be tested or thoroughly examined as will enable them to detect defects or weaknesses and to assess their importance in relation to the safety and continued use of the lifting equipment.
Additionally it is essential that the competent person is sufficiently independent and impartial to allow objective decisions to be made. This does not mean that competent persons must necessarily be employed from an external company… they must ensure that their “in- house” examiners have the genuine authority and independence to ensure that tests and examinations are properly carried out.”
So, are you a competent person to inspect a shackle? A crane? A lifting strop? A fall-arrestor device? Check your company SMS and, if in doubt, speak to your superintendent. Think about the answer to this question before you’re in front of an MCA examiner!
What are the employers obligations under LOLER?
The employer shall ensure that:
Lifting equipment is of adequate strength and stability for each load
Every part of a load that is used in lifting it, as well as anything attached to the load and used for that purpose is of good construction, of adequate strength for the purpose for which it is to be used
Any accessory for lifting is not used on a ship unless it is of good design, of sound construction and material and of adequate strength for the purpose for which it is used
Accessories for lifting are stored in conditions which will not lead to damage or degradation.
Testing
No lifting appliance should be used after installation or modification until it has been tested by a competent person.
All lifting appliances must have been tested by a competent person within the last five years (or less, depending on manufacturers instructions)
Upon the completion of every test of lifting appliances, the appliance shall be thoroughly examined and certified for use by the person carrying out the test.
This section is talking about load tests of lifting appliances; it does not apply to lifting accessories. Generally, a competent person will fit a load cell to the appliance being tested and will apply a test weight. This can be in the form of a water bag that is then loaded to the desired weight, a test pull against a strong point, or by picking up an object of known weight. This is done to a set % of the SWL/WLL of the lifting equipment. These percentages are given in LOLER and in the Code of Safe Working Practices, Chapter 19 (this whole chapter is worth a read, as indeed is the whole of the COSWP!).
As you can see, these loads are all above the SWL/WLL of the equipment. It’s a rule that any time equipment is used to lift a load over its SWL/WLL, whether deliberately or by mistake, it gets a TE (Thorough Examination) afterwards.
What is a Thorough Examination (a ‘TE’), and how often do they happen?
In this context it is a visual inspection by a competent person, supplemented if necessary by other suitable means or measures in order to arrive at a reliable conclusion as to the safety of the lifting equipment or loose gear examined.