Understanding LOLER, PUWER & PSSR
The inspection and examination services provided by Cert Safe Inspection Services Ltd are based on UK health and safety legislation, together with the relevant Approved Codes of Practice (ACOPs), HSE guidance and applicable technical standards.
Three key sets of regulations relevant to the equipment we inspect are the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), the Provision and Use of Work Equipment Regulations 1998 (PUWER) and the Pressure Systems Safety Regulations 2000 (PSSR).
Each regulation has a different purpose. LOLER specifically addresses lifting equipment and lifting operations, PUWER addresses the wider provision and use of work equipment, while PSSR addresses the safe operation of qualifying pressure systems.
Understanding which regulation applies, and which specific provision creates the requirement, is important when establishing an appropriate inspection or examination regime.
Where Do These Requirements Come From?
These regulations are Statutory Instruments (SIs) made under powers provided by the Health and Safety at Work etc. Act 1974 (HSWA).
The Health and Safety at Work etc. Act 1974 provides the overarching legal framework for workplace health and safety in Great Britain.
LOLER, PUWER and PSSR are secondary legislation made under that wider framework.
The actual legal requirement therefore comes from the wording of the relevant Regulations themselves. HSE Approved Codes of Practice and guidance then explain how the requirements can be met and provide recognised approaches to compliance.
HSE explains that Approved Codes of Practice do not have the same legal status as the Regulations themselves. However, following an applicable ACOP is normally sufficient to demonstrate compliance with the relevant legal requirements, unless an alternative approach provides an equivalent or better level of safety.
| Regulation | Year | Main Purpose | Key Inspection/Examination Provision |
|---|---|---|---|
| LOLER | 1998 | Lifting equipment and lifting operations | Regulation 9 – Thorough Examination |
| PUWER | 1998 | Work equipment and machinery | Regulation 6 – Inspection |
| PSSR | 2000 | Pressure systems |
Regulation 8 – Written Scheme Regulation 9 – Examination |
These regulations can apply to the same item of equipment.
For example, a forklift truck can be subject to both LOLER and PUWER. LOLER addresses its lifting function, while PUWER addresses the wider safety requirements associated with the work equipment.
HSE specifically confirms this distinction for industrial lift trucks.
Similarly, equipment associated with a pressure system may have requirements under PSSR while other aspects of the installation may be subject to additional legislation.
What Is the Legal Hierarchy?
It is important to distinguish between legislation, ACOPs and guidance.
Legislation vs Guidance
What Actually Has Legal Force?
The Regulations themselves create the legal duties.
For example:
- LOLER Regulation 9 creates the statutory requirement for Thorough Examination.
- PUWER Regulation 6 creates the statutory inspection requirements.
- PSSR Regulation 8 creates the requirement for a Written Scheme of Examination for relevant pressure systems.
The HSE ACOPs and guidance explain how those requirements can be interpreted and implemented.
This distinction is important because an inspection company should not describe guidance, standards or industry recommendations as though they are themselves statutory legislation.
Why Does the Year Matter?
The year in the title identifies the legislation.
For example:
- LOLER 1998 refers to the regulations made in 1998.
- PUWER 1998 refers to the regulations made in 1998.
- PSSR 2000 refers to the regulations made in 2000.
The regulations remain relevant today, although individual provisions may have been amended since they were originally made.
For this reason, dutyholders should refer to the current version of the legislation, rather than relying solely on an old printed copy.
HSE provides current information and links to the relevant legislation, while legislation.gov.uk provides access to UK legislation.
What Does CSIS Actually Do?
Cert Safe Inspection Services Ltd provides independent inspection and examination services to assist dutyholders with their responsibilities.
Our role is to carry out the relevant examination or inspection within the agreed scope and provide appropriate reporting.
We do not assume the dutyholder's legal responsibilities.
The owner, employer, user or other relevant dutyholder remains responsible for ensuring that:
- The correct legislation has been identified
- Equipment is suitable for its intended use
- Appropriate maintenance arrangements are in place
- Required inspections and examinations are completed
- Defects are acted upon
- Equipment is not used where it presents an unacceptable risk
- Appropriate records are maintained
- Competent persons are appointed where required
An inspection or examination report should therefore be regarded as one part of a wider equipment management system.
Official Sources & Further Information
For customers who wish to verify the legal requirements themselves, the primary sources include:
Health and Safety at Work etc. Act 1974
The principal UK health and safety framework legislation.
Lifting Operations and Lifting Equipment Regulations 1998
The statutory regulations governing lifting equipment and lifting operations.
Provision and Use of Work Equipment Regulations 1998
The statutory regulations governing the provision and use of work equipment.
Pressure Systems Safety Regulations 2000
The statutory regulations governing qualifying pressure systems used at work.
HSE Approved Codes of Practice
- L113 – Safe use of lifting equipment
- L22 – Safe use of work equipment
- L122 – Safety of pressure systems
These sources should be read alongside the relevant legislation and any equipment-specific requirements.
Important
This page provides general information about UK health and safety legislation and is intended to explain the regulatory framework relevant to CSIS inspection services. It should not be regarded as legal advice. The requirements applicable to a particular item of equipment depend upon its design, use, installation, environment and circumstances.
For equipment-specific requirements, the applicable legislation, manufacturer's information, examination scheme, risk assessment and relevant technical guidance should be considered.