Spcenf 152
Spcenf 152
Spcenf 152
SPC/Enforcement/152 Author unit / section: HID OSD3.4 Target audience: OSD Inspectors Purpose Background Application Relationship with other regulations Enforcement Strategy Application (regulation 3) Equipment for lifting personnel (regulation 5) Marking of lifting equipment (regulation 7) Thorough examination and inspection (regulation 9) Exemptions Further information
Purpose
1 This SPC provides information on offshore interpretation and enforcement of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). Additional information is in the ACoP and guidance booklet L113: Safe Use of Lifting Equipment: Lifting Operations and Lifting Equipment Regulations 1998, and in OC 234/11
[1]
Background
2 LOLER brings into effect the lifting aspects of the Amending Directive to the Use of Work Equipment Directive. The primary objective is to ensure that all lifting operations are undertaken, and lifting equipment is used in such a way, that they do not give rise to health and safety risks. 3 LOLER builds on the requirements of the Provision and Use of Work Equipment Regulations 1998 (PUWER) to implement the hardware and management provisions of the Directive for work equipment, which includes lifting equipment. It includes: duties on employers as well as on persons who have control of lifting equipment requirements for the planning and organisation of lifting operations, and a duty to report to HSE where there is a defect in lifting equipment involving an existing or imminent risk of serious personal injury.
Application
4 LOLER is applied offshore by the Health and Safety at Work Act (Application outside Great Britain) Order (AOGBO)..
5 LOLER applies to all lifting equipment on offshore installations. These include ships which are offshore installations, such as mobile offshore drilling units and flotels. Ships which are not installations are not covered. This includes installations which are stacked or otherwise out of use. In these circumstances, LOLER only applies to lifting equipment used for a specified operation as defined in regulation 3. This is where the ships equipment is used by persons other than the master or crew, or where persons other than the master or crew are liable to be at risk from its use. LOLER also applies to a specified operation involving activities in connection with offshore installations or wells, which can include work by heavy-lift vessels. 6 LOLER applies to lifting equipment used for pipeline works, for example on pipelaying barges. The regulations do not apply to lifting equipment on barges for loading, unloading, fuelling or provisioning the vessel, unless used by persons other than the master or crew or where persons other than the master or crew are liable to be at risk from its use. In these cases only regulations 6 and 8 apply, regarding operational matters as opposed to hardware or inspection schemes. 7 PUWER applies to all work equipment, including lifting equipment. LOLER applies in addition tothe general requirements of PUWER, and deals with the specific risks of lifting equipment and lifting operations.
Enforcement Strategy
9 Inspectors should take a strong line on significant breaches, particularly where there is a risk of injury involved. Formal enforcement action would be appropriate in the following circumstances: using badly maintained or damaged lifting equipment, inadequate systems of control for lifting equipment, no risk assessment, inadequate inspection or examination of lifting equipment (improvement notice), any piece of lifting equipment unfit for use which is being used or is liable to be used and the activity involves or will involve risk of serious personal injury (prohibition notice), and any investigated accident or dangerous occurrence (prosecution). This is particularly relevant in the event of injury involving lifting of persons. using badly maintained or damaged lifting equipment, inadequate systems of control for lifting equipment, no risk assessment, inadequate inspection or examination of lifting equipment (improvement notice).
Application (regulation 3)
10 In addition to duties on an employer there are duties on a person who has control to any extent of: lifting equipment, the way in which lifting equipment is used, or a person who uses, supervises or manages the use of lifting equipment. These duties apply to a self-employed person, in respect of lifting operations and equipment they use at work. A self-employed contractor using their own lifting equipment on an installation has duties under all three parts above. 11 Lifting equipment means equipment for lifting or lowering loads, including attachments for anchoring, fixing or supporting it. This normally includes jack-up systems, donuts and pad eyes. Lifting equipment is defined by the equipments use, not by the item itself. For example a pad eye used for a suspended load, with no lifting or lowering, is not lifting equipment. LOLER does not apply to equipment for moving, pulling or dragging loads along a level surface or to suspended loads with no lifting or lowering (for example BOP stacks roped for stability). The PUWER requirements for suitability and maintenance apply to load-bearing equipment which is not lifting equipment or accessories for lifting under LOLER.
[2]
Exemptions
17 LOLER implements an EC Directive and exemptions cannot be granted.
Further information
Further information can be obtained from the OSD Mechanical Engineering team.