Published in the February Issue of Health and Safety at Work, research by the Fork Lift Truck Association (FLTA) suggests that because a Thorough Examination is open to interpretation, in some circumstances, not all items that should be checked are.
The Law
All work equipment is covered by the Provision and Use of Work Equipment Regulations (PUWER) 1998, which requires the equipment to be suitable by its construction and design for where and how it is to be used.
Lifting equipment is also subject to the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998. These require the lifting equipment (e.g. a loader on a tractor) to be strong and stable enough for its proposed use. They also call for proper planning of lifting operations, that lifting equipment is used in a safe manner and that, where necessary, lifting equipment is thoroughly examined at suitable intervals by a competent person.
In addition, where the safe working load depends on the machine’s configuration, then the operator will need clearly visible information to keep both machine and loads within the safe working limits for any particular configuration, e.g. with a telescopic loader.
The problem
Ambiguity in the regulations have raised concerns that some examinations are only inspecting items covered by LOLER (shown in blue in the picture below) and not including items under PUWER (shown in green). This leaves the employer and operator of the equipment at risk from not only having a machine that has not been properly examined, but may also be unsafe to use and therefore possibly at risk from prosecution if an accident occurred.
Solution
For peace of mind, ensure that any of your equipment which requires a Thorough Examination (mainly those with lifting equipment attached e.g. a loader on a tractor or a telehandler) is inspected for all safety items covered by both the LOLER and PUWER regulations.
The HSE has produced some useful guidance documents on how PUWER and LOLER apply to agriculture.
Further information is available from the Thorough Examination website, where you can also find details of your nearest Thorough Examination accredited inspector using the finder tool.
Items that should be inspected in a Thorough Examination (adapted from FLTA suggestions):
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