The UK’s national standard for Thorough Examinations, the CFTS, is warning that workplace equipment - such as forklifts - may at times be required to undergo additional inspections in “exceptional circumstances” to fully comply with LOLER 98.

LOLER 98 is the Lifting Operations and Lifting Equipment Regulations, and applies to any equipment used to lift or lower loads such as forklifts, telehandlers and cranes.

While compliance with the legislation requires regular inspections, the need for additional inspections under special circumstances can sometimes be overlooked, says CFTS director Rob Fisher.

“Fortunately, a lot of employers and operators are now aware that their lifting equipment requires regular inspections once or twice a year,” Fisher explains. “However, there are situations where an extra Thorough Examination might be needed. 

“We often see these get missed as people assume that their previous inspection covers it.”

Under LOLER 98, an “exceptional circumstance” is an event or action which could compromise equipment safety and includes an incident where equipment integrity has been affected. 

This may be the case following overloading, impact, or damage to equipment, and as such requires a Thorough Examination to ensure equipment is safe and legally compliant.

Additionally, if equipment has been modified out of use for a prolonged period of time, it is likely this equipment will need an additional inspection, CFTS says.

“Ultimately, it is the responsibility of the duty holder to ensure equipment is safe to use on site and has had its required inspections,” Fisher continues. 

“If an incident occurs with equipment that hasn’t had an inspection, then it leaves businesses exposed to risk and prosecution. With the HSE’s 94% conviction rate, it’s really not worth the risk.”

The CFTS notes the courts in more recent years, have adopted an “increasingly robust approach when punishing offenders”, and average fines in the last decade more than doubling to be GBP1 million (USD1.3 million) or more. 

“My advice to anyone whose equipment has had damage or modifications is to talk to your local provider,” Fisher adds. “They will be able to discuss the exceptional circumstances that require an extra inspection and keep you covered”.