Thorough Examination5 min read

Who Can Carry Out a LOLER Thorough Examination?

LOLER requires thorough examinations to be carried out by a "competent person." But who qualifies — and what happens if you use the wrong person?

By Lolerflow Team |  LOLER Compliance Specialists

The "Competent Person" Requirement

LOLER does not name specific qualifications or organisations. Instead, Regulation 9 requires that thorough examinations be carried out by a competent person. The HSE defines a competent person as someone who has "such appropriate practical and theoretical knowledge and experience of the lifting equipment to be thoroughly examined as will enable them to detect defects or weaknesses and to assess their importance in relation to the safety and continued use of the lifting equipment."

Two things are required: competence (knowledge and experience) and independence (sufficient impartiality to make objective decisions). A person with the right technical knowledge but under commercial pressure to pass equipment is not acting as a genuinely competent person under LOLER.

In-House vs Independent Examiner — Which Is Right?

In-house competent person

Pros
✓Lower cost per examination
✓Available immediately
✓Knows the equipment
Cons
✗Independence may be questioned
✗May lack specialist knowledge
✗Training must be maintained
✗Employer bears full liability

Independent examiner (LEEA member)

Pros
✓Demonstrable independence
✓Specialist expertise
✓Recognised professional standard
✓Transfers liability if negligent
Cons
✗Higher cost per visit
✗Scheduling required
✗Less immediate availability

LEEA — The Industry Standard

The Lifting Equipment Engineers Association (LEEA) is the leading professional body for the lifting industry in the UK and internationally. LEEA members have demonstrated competence through:

LEEA accreditation is not a legal requirement under LOLER — but it provides a defensible, recognised benchmark of competence. Using a LEEA member significantly reduces the risk of an HSE challenge to the validity of an examination.

What If the Wrong Person Carries Out the Examination?

If a thorough examination is carried out by someone who is not genuinely competent, it has no legal validity — even if a report is produced and a certificate issued. In the event of a lifting incident, the HSE will investigate the examiner's competence. If they were not competent, the employer who accepted the examination faces prosecution for failing to comply with Regulation 9, regardless of whether they knew the examiner was unqualified.

Practical rule: If you commission an examination from a third party, ask to see their qualifications and check their LEEA membership at leea.co.uk/find-a-member. Keep a record. If challenged by HSE, you need to demonstrate you took reasonable steps to verify competence.

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Who can carry out a LOLER thorough examination?+
A competent person — someone with sufficient practical and theoretical knowledge and experience of the lifting equipment being examined to detect defects and assess their significance. The competent person must be sufficiently independent and impartial to make objective decisions.
Can an employee carry out a LOLER thorough examination?+
Yes, if they have the required competence and are sufficiently independent. In practice, this usually means they are not directly responsible for using the equipment and have no financial pressure to pass equipment that should fail. For most organisations, using an independent third-party examiner is the safer choice.
What does LEEA accreditation mean?+
LEEA (Lifting Equipment Engineers Association) is the leading professional body for the lifting industry in the UK. LEEA accreditation means the company or individual has demonstrated the competence, training, and quality management systems required to carry out thorough examinations to a recognised professional standard. It is not a legal requirement but is widely regarded as the benchmark.
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