Guide
PUWER and forklifts: the duties on the rest of the truck
Updated
LOLER gets the attention because it has intervals attached. PUWER is the regulation that covers everything else about the truck, and it never stops applying.
How the two fit together
HSE puts it simply: PUWER aims to ensure work equipment is safe to use regardless of its age, condition or origin, and places duties on employers and others who control how work equipment is used, including those who hire it out. LOLER applies to lifting equipment on top of that. So a forklift is PUWER equipment that also happens to lift, and both sets of duties run at once (HSE).
What PUWER requires
HSE's overview lists it: equipment provided for use at work must be suitable for the intended use; safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate; used only by people who have received adequate information, instruction and training; and accompanied by suitable health and safety measures such as guarding, emergency stops, isolation, markings and warning devices. Mobile work equipment carries specific additional requirements, which is exactly what a forklift is.
Maintenance, in HSE's words
- All work equipment must be maintained in an efficient state, in efficient working order and in good repair.
- Where any machinery has a maintenance log, the log must be kept up to date.
- Maintenance operations on work equipment must be able to be carried out safely.
Notice what is not there: an interval. PUWER does not tell you to service a forklift every 250 hours or every six months. It tells you the truck must be in efficient working order, and leaves you to demonstrate how you achieve that. In practice that means following the manufacturer's schedule, keeping the log, and being able to show it.
Inspection under PUWER
Where the safety of work equipment depends on the way it was installed, it must be inspected after installation and before being put into use. Where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected so faults are detected in good time. For lifting equipment, HSE adds that inspections between thorough examinations may be needed, carried out by suitably trained and competent people, often the operator or maintenance staff, with the need and frequency determined by risk assessment taking full account of the manufacturer's recommendations.
Daily checks
HSE's thorough examination page specifically mentions that users may need to make checks on a daily basis for lift trucks. A short documented pre-use check, forks, chains, tyres, hydraulics, horn, lights, brakes, seat belt, is cheap, catches the things that become expensive, and is evidence that you manage the equipment. It does not replace a thorough examination or a service, and no inspector will accept it as one.
Operator training
PUWER requires that work equipment is used only by people who have received adequate information, instruction and training. For rider-operated lift trucks, HSE's Approved Code of Practice and guidance is L117, Rider-operated lift trucks: operator training and safe use, which is free to download from HSE (HSE) and covers operator training, safe use, protecting pedestrians, and the maintenance and thorough examination of lift trucks.
If you hire trucks in, the duties do not transfer to the hire company. HSE is explicit that PUWER places duties on those who control how work equipment is used, including those who hire it out to be used by others. Ask the hire company for the current thorough examination report before the truck goes to work.