HSE Regulations

What are the specified intervals for regular thorough examinations?

Unless there is an ‘examination scheme’ specifying other intervals, thorough examinations should be conducted every:

• 6 months, for lifting equipment and any associated accessories used to lift people
• 6 months, for all lifting accessories
• 12 months, for all other lifting equipment

What is covered by a thorough examination?

This depends on the professional judgement of the competent person undertaking the examination, but needs to include all matters which affect the safety of the lifting equipment, including likely deterioration with time.

For most common lifting equipment and accessories, there are industry standard procedures and criteria which a competent person would follow when undertaking thorough examinations and making judgements as to the continued safety of the equipment. Methods used include:

• visual examination and functional checks
• measurements of wear
• (in some cases) traditional NDT (non-destructive testing) and load testing

Some disassembly or internal examination of parts may also be required.

Where an examination scheme has been drawn up, this should identify and specify:

• the parts to be thoroughly examined
• the methods of examination and testing
• the intervals for examination (and testing of the different parts, where appropriate)

The scheme should also include details of any other inspection regimes for the equipment. Examination schemes may be drawn up by any person with the necessary competence. This does not need to be the same competent person who conducts the thorough examination in accordance with the scheme.

Although examination schemes do not need to be preserved in the form of a document, it should be possible to produce a written copy when required (eg on request by the relevant enforcing authority). These should be secured from loss or unauthorised modification. 

Testing of lifting equipment

Most lifting equipment does not need routine testing as part of the thorough examination – in fact some overload tests can cause damage to lifting equipment. Where testing is deemed necessary, it may not need be undertaken at every thorough examination. The need for, and nature of, testing should be based on an assessment of risk – taking account of information from the manufacturer and other relevant information – as determined by the competent person

Maintenance and inspection of lifting equipment.

Maintenance of lifting equipment to ensure it remains safe for use is a requirement of PUWER. In some cases – to assist with this, and detect any deterioration so it can be remedied in good time – lifting equipment may need to be inspected between thorough examinations. Such inspections need to be undertaken by suitably trained and competent people, which can often be the lifting equipment operator or maintenance personnel.

The nature, need for and frequency of such inspections should be determined through risk assessment, taking full account of any manufacturer’s recommendations

Reports and defects

Records should be kept of all thorough examinations and inspections, and of the EC Declarations of Conformity for all lifting equipment and lifting accessories. Examination and inspection records do not need to be kept in hard copy form but you should be able to provide a written copy when necessary (eg upon request by the relevant enforcing authority or when lifting equipment leaves your undertaking -under hire, use elsewhere, or second-hand sale).

The Pressure Systems Safety Regulations 2000 (PSSR) cover the safe design and use of pressure systems. The aim of PSSR is to prevent serious injury from the hazard of stored energy (pressure) as a result of the failure of a pressure system or one of its component parts.

The aim of these Regulations is to prevent serious injury from the hazard of stored energy as a result of the failure of a pressure system or one of its component parts.

Before using any qualifying pressure equipment (new or otherwise), a written scheme of examination (WSE) must be in place, and an examination undertaken.

Pressure systems are defined as:

• a system comprising one or more pressure vessels of rigid construction, any associated pipework and protective devices
• the pipework with its protective devices to which a transportable pressure receptacle is, or is intended to be, connected
• a pipeline and its protective devices

A relevant fluid is:

• steam at any pressure
• any fluid or mixture of fluids which is at a pressure >0.5 bar above atmospheric
• a gas dissolved under pressure in a solvent (acetylene)

Relevant fluids do not include hydraulic oils. Hydraulic systems, while using high pressures, do not store energy in the system and so are not covered by this legislation.

The PSSR Approved Code of Practice (ACOP), Safety of pressure systems (L122), provides a useful flow chart to help determine which regulations (if any) apply.

Exceptions

There are many exceptions to PSSR, including:

• a pressure system which forms part of, or is intended to form part of, a weapons system
• any pressure system which is the subject of a research experiment
• any tyre used or intended to be used on a vehicle

Twenty-five complete exceptions are detailed in PSSR Schedule 1 Part I.

Three partial exceptions are detailed in PSSR Schedule 1 Part II.

If in doubt, the useful and instructive ACOP Safety of pressure systems provides additional information and advice.

Pipeline v pipework

There is a difference between a pipeline and pipework. The easiest way to distinguish between the two terms is to remember that pipelines cross boundaries and pipework does not (except where there is a common supply to a number of units). The terms also include associated protective devices, valves, compressors etc.

The PSSR ACOP Safety of pressure systems (page 4) provides useful definitions of pipework and pipelines as these can vary between different regulations (specifically PSSR, PER and the Pipeline Safety Regulations 1996).

Who has duties under PSSR?

Employers (also known as ‘dutyholders’), including:

• the owner of a mobile system, ie one that can be easily moved, such as an air compressor taken from site to site
• the user of an installed system, ie one that is not a mobile system, such as a steam boiler

Competent person

The user of hired or leased equipment should make sure that the WSE is in place and that the certificate of examination is also current.

PSSR Schedule 2 allows a supplier of an installed system to assume responsibility in writing for the WSE, the operation, the maintenance and the record keeping.

In general terms, the role and responsibilities of the competent person can be summarised as follows:

• carry out examinations in accordance with the WSE including:
  • review WSE and confirm it is suitable
  • produce a written report for each examination
  • notify user/owner of repairs required
  • identify action in case of imminent danger
  • agree postponements of examination, where appropriate
• draw up or certify written schemes of examination

An important feature of the in-house competent person is that they should be independent from the operating functions of the organisation, and they must have sufficient authority to stop the use of the pressure equipment should the need arise. Lifting equipment inspections uk

The Health & Safety Executive (HSE) has released the following statement:

HSE recognises the potential challenges when carrying out legal requirements for thorough examination and testing (TE&T) of plant and equipment as a result of additional precautions people need to take to help reduce risk of transmission of coronavirus (Covid-19).

The law for Lifting Operations and Lifting Equipment Regulations (LOLER) and Pressure Systems Safety Regulations (PSSR) remain in place.

The following advice is to help dutyholders (you) ensure that their work plant and equipment remain safe to use. It helps to guide decision making to see if TE&T requirements can still be met.

Maintaining your thorough examination and testing scheme

• ensure social distancing measures in the workplace aren’t perceived to be a barrier to carrying out TE&T – businesses and inspection bodies should cooperate to ensure access to plant and equipment for TE&T continues to schedule
• for businesses that are currently closed, ie they have either elected or been required to do so to meet COVID-19 related government advice or restrictions, you should still give access to visiting inspectors to undertake thorough examinations
• there may be occasions where inspectors are not available to meet the demands of industry and this may lead to difficulties for some businesses fulfilling their obligations for TE&T. Inspectors are supporting GB industry to maintain operations and viability and may have to prioritise critical industries and the protection of equipment aiding vulnerable persons
• if you experience problems in undertaking scheduled thorough examinations as you can’t cannot access inspection services, you should adopt a risk based process to determine the whether there are steps you can to take to safely continue to use equipment (that has not had its scheduled TE&T) or decide to stop using the equipment
• the overarching legal obligation remains, ie ensure that equipment is safe to use

HSE’s enforcement approach during the period of the outbreak

HSE will adopt a pragmatic and proportionate approach towards enforcement action for non-compliance with statutory requirements which are directly attributable to the coronavirus (Covid-19) outbreak.

Our usual enforcement response will be to take no action if the only failing is that TE&T is not carried out by the required date.   

Equipment should only be used outside of its test regime if you can demonstrate that it is critical for essential work and that it can still be operated safely.  

You must be able to demonstrate that you have made all reasonable attempts to have the TE&T carried out, made a thorough assessment of the increased risk and taken appropriate action to manage it.