
12
associated equipment fail. Applying this definition of lifting to LOLER would mean that there would be
numerous circumstances where winching equipment and operations would be subject to the requirements
of the regulations - for example, winching timber up a slope steep enough to cause the timber to move
back down the slope in the event of the winching equipment failing. However, whilst this interpretation is
useful for assessing the level of risk involved in a winching operation, the International Rigging and Lifting
Handbook is not a guide to the application of LOLER. Guidance to the application of LOLER is provided by
the LOLER ACOP, L113 which, as explained above, is clear about the application of the regulations to
winching operations.
Again, it needs to be stressed that whether complying with LOLER or PUWER the outcome should be the
same. The higher the risk associated with an operation, the more stringent the controls to make it safe and
to comply with the regulations. Inspection and thorough examination.
Both PUWER and LOLER are risk based. Therefore, regardless of the regulation, emphasis should be placed
on the completion of suitable and sufficient risk assessments. The risk assessment is necessary to
determine the nature and frequency of both the maintenance and inspection of equipment used in
winching operations. Risk assessments, carried out to meet the requirements of the Management of
Health and Safety at Work Regulations 1999, Regulation 3, should identify any significant risks from the use
of the work equipment considering the: a. type of load being winched, its weight, shape and what it
consists of; b. risk of a load falling, moving, breaking up or striking a person or object and the
consequences; c. risk of the winching equipment striking a person or an object and the consequences; d.
risk of the lifting equipment failing while in use and the consequences; and e. risk of damage to the
winching equipment that could result in failure.
As previously discussed, LOLER will not apply to tree work winching operations and the scope of PUWER
Regulation 6 requirements (inspection and the competence of the person who carries it out) need to be
established by risk assessment. In effect, Inspection (PUWER Reg.6); and Thorough examination and
inspection (LOLER Reg.9) should be seen as a related package of requirements with the outcome of the
assessment, whether for PUWER or LOLER, being the same where the risk demands it. Summary.The
definition of ‘lifting equipment’ and ‘lifting operations’ is provided in the Approved Code of Practice and
Guidance to the LOLER regulations (L113 – Second edition).
Under this interpretation, LOLER does not apply to winching operations that are regularly undertaken in
tree work. However, PUWER is not a lesser standard of control but demands the same level of safety as
LOLER if risks demand it.
Whilst under PUWER there is no specific requirement for ‘thorough examination’ of work equipment such
as winches, PUWER requires risk-based inspection so the results of such an inspection, should be the
similar to a ‘thorough examination’ under LOLER, where the risk requires it. Additionally, recording the
outcomes of inspections under PUWER is as important as doing so for those under LOLER.
Penny Hydraulics Ltd offers a service package to meet customer requirements and conform with LOLER
certification. Please request Service Contract form if required.