Yes, if the hired machine is used to lift or lower loads. The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) apply to it, and the hire company does not take the legal duty off the person using the machine. The responsibility in law, however, rests upon the user and they should, therefore, always satisfy themselves at the outset that there is a current report of thorough examination.
What LOLER covers
LOLER uses a broad definition. "lifting equipment" means work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it . A telehandler used to lift pallets, bags or materials on site falls within that definition, as does a crane or a lifting attachment fitted to a digger. If you are comparing machines for a lifting job, check the lifting rules before you book, not after the machine arrives. You can compare options through plant hire firms listed on GetBrent.
How often examinations must happen
The regulation sets two timescales. In the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months; in the case of other lifting equipment, at least every 12 months . The HSE's guidance for hirers says it may be appropriate for the user to organise the periodic thorough examinations. If the item is lifting equipment, it may need to have a LOLER-specific thorough examination prior to first use, to confirm its safe installation.
Equipment that has been examined elsewhere does not automatically cover a new location. If a machine is moved to a different site, the user should check whether a fresh examination is needed before it goes into use.
Who arranges the examination
The hire company usually arranges the examination, but the user remains responsible for making sure it is carried out and the reports are in order. The examination will usually be arranged by the crane hire company, although it is the responsibility of the crane user to ensure that all necessary examinations are carried out and that the required reports are in order. The HSE also notes that it may be appropriate for the user to organise the periodic thorough examinations (which should be by written agreement, particularly for long-term hire).
For hire over several weeks or months, agree the arrangements in writing at the start. Confirm with the company whether any charge for examinations is included in the hire agreement. Do not assume the figure, as it varies between firms and depots.
Checklist before you use hired lifting equipment
- Ask for the report of thorough examination before the machine leaves the yard, and keep a copy with the machine.
- Check that the report identifies the equipment. The regulation requires particulars sufficient to identify the lifting equipment including where known its date of manufacture .
- Check the date of the last examination and the date the next one is due. The regulation requires the report to give the date of the thorough examination and the latest date by which the next one must be carried out.
- Confirm who arranges any examination during the hire period and get that agreed in writing.
- Stop using the machine and report it if a defect is found. Those carrying out examinations have duties to report serious defects to the user and to the enforcing authority.
A valid report does not replace your own pre-use checks. If you are hiring a telehandler or other lifting machine for a site near you, you can also look at plant hire firms in London and compare how each company documents its examinations before you book.
GetBrent helps you find local plant hire companies and plant dealers, so you can compare firms, ask about examination reports and confirm the details directly with the company before you hire or buy.
