Lifting Operations and Lifting Equipment Regulations 1998

Year1998
  • These Regulations may be cited as the Lifting Operations and Lifting Equipment Regulations 1998 and shall come into force on 5th December 1998.
  • (1) In these Regulations, unless the context otherwise requires—
    • “the 1974 Act” means the Health and Safety at Work etc. Act 1974;
    • ...
    • “accessory for lifting” means F1workF1lifting equipment for attaching loads to machinery for lifting;
    • F14EC declaration of conformityF14declaration of conformity” means a declaration which complies with—
      • (a) F5section A of part 1 of Part 2 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008;
      • (b) F15Article 12.1 of Council Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment; orF15the requirements for a declaration of conformity in Article 15 of Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC; or
      • (c) F12regulation 49 of the Lifts Regulations 2016;
    • “employer” except in regulation 3(2) and (3) includes a person to whom the requirements imposed by these Regulations apply by virtue of regulation 3(3) (a) and (b) ;
    • “essential requirements” has the same meaning as in the Provision and Use of Work Equipment Regulations 1998
    • ;
    • “examination scheme” means a suitable scheme drawn up by a competent person for such thorough examinations of lifting equipment at such intervals as may be appropriate for the purpose described in regulation 9(3) ;
    • the Executive” means the Health and Safety Executive;
    • “lifting equipment” means work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it;
    • “lifting operation” has the meaning given in regulation 8(2) ;
    • “load” includes a person;
    • “thorough examination” in relation to a thorough examination under paragraph (1) , (2) or (3) of regulation 9—
      • (a) means a thorough examination by a competent person;
      • (b) where it is appropriate to carry out testing for the purpose described in the paragraph, includes such testing by a competent person as is appropriate for the purpose,
      and “thoroughly examined” shall be construed accordingly;
    • “work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not) .
    a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; anda numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.in Great Britain; andoutside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 (“the 1995 Order”) .(2) The requirements imposed by these Regulations on an employer in respect of lifting equipment shall apply in relation to lifting equipment provided for use or used by an employee of his at work.to a F10relevant self-employed person, in respect of lifting equipment he uses at work;lifting equipment;a person at work who uses or supervises or manages the use of lifting equipment; orthe way in which lifting equipment is used,(4) Any reference in paragraph F2(5) (b) F2(3) (b) to a person having control is a reference to a person having control in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not) .(5) The requirements imposed by these Regulations on an employer shall not apply to a person in respect of lifting equipment supplied by him by way of sale, agreement for sale or hire-purchase agreement.(6) Subject to paragraphs (7) to (10) , these Regulations shall not impose any obligation in relation to a ship’s work equipment (whether that equipment is used on or off the ship) .(7) Where merchant shipping requirements are applicable to a ship’s work equipment, paragraph (6) shall relieve the shore employer of his obligations under these Regulations in respect of that equipment only where he has taken all reasonable steps to satisfy himself that the merchant shipping requirements are being complied with in respect of that equipment.(8) In a case where the merchant shipping requirements are not applicable to the ship’s work equipment by reason only that for the time being there is no master, crew or watchman on the ship, those requirements shall nevertheless be treated for the purpose of paragraph (7) as if they were applicable.(9) Where the ship’s work equipment is used in a specified operation paragraph (6) shall not apply to regulations 6 and 8 (each as applied by regulation 3) .the loading, unloading, fuelling or provisioning of the ship; orthe construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of the ship.(11) In this regulation—
    • “master” has the meaning assigned to it by section 313(1) of the Merchant Shipping Act 1995

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