LOLER exemptions are narrow. If you are unsure whether your equipment is covered, the safest assumption is that it is. The HSE's guidance makes clear that LOLER should be interpreted broadly. Assuming exemption without checking can result in compliance failures.
What LOLER Does Not Cover
Domestic use
LOLER Regulation 3(2) exempts lifting equipment used outside a work context — for example, a stairlift in a private home used solely by the occupant. The moment equipment is used for any commercial purpose, the exemption does not apply. A home carer using a patient hoist at a client's home is working, so LOLER applies.
Escalators and moving walkways
Escalators and moving walkways do not technically "lift" loads in the LOLER sense — they convey them horizontally or at an angle. These are covered by PUWER rather than LOLER. However, the Workplace (Health, Safety and Welfare) Regulations 1992 impose specific requirements for escalators in workplaces.
Equipment that merely supports loads (not lifts)
Equipment that supports a suspended load but does not perform the lifting operation itself — such as a support beam used as a static anchor point — may fall outside LOLER's scope. However, if the equipment forms part of a lifting assembly, LOLER applies to the whole assembly. This is a grey area; seek professional advice if uncertain.
Ships and offshore installations (specific provisions)
Certain offshore installations and ships are covered by separate legislation rather than the standard LOLER framework. However, most offshore lifting operations are still subject to equivalent requirements under the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations and other instruments.
Common Grey Areas
Several equipment types generate confusion about whether LOLER applies. Here is a clear guide:
| Equipment | LOLER applies? | Notes |
|---|---|---|
| Dock levellers | ⚠️ Grey area | HSE guidance suggests LOLER may apply. Treat as LOLER-covered to be safe. |
| Tail lifts on vehicles | ✅ Yes | Tail lifts are lifting equipment and must be examined every 6 months. |
| Stairlifts in care homes | ✅ Yes | Commercial/care home use = LOLER applies. Examination every 6 months. |
| Scissor lifts (goods only) | ✅ Yes | 12-month examination if goods only; 6 months if used for persons. |
| Telehandlers | ✅ Yes | Both LOLER and PUWER apply. 12 months for machine; 6 months for attachments. |
| Hoist in a theatre (rigging) | ✅ Yes | Stage rigging hoists and motors are lifting equipment under LOLER. |
| Pallet trucks (manual) | ⚠️ Possible | Depends on whether lifting function is used. Seek competent person advice. |
| Car park stackers | ✅ Yes | Multi-storey car park stackers that lift vehicles are covered by LOLER. |
When in Doubt — Apply LOLER
The HSE's position is clear: LOLER should be applied wherever there is any doubt about whether it applies. The consequences of incorrectly assuming an exemption — and then suffering a lifting incident — are far more serious than over-complying with equipment that was arguably outside the scope.
If you are genuinely uncertain about a specific piece of equipment, consult a competent person or contact the HSE's helpline (0300 003 1747) for guidance.
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