LOLER 1998

Under the LOLER regulations of 1998 all lifting equipment i.e. forklift trucks old persons stairlift & an elevator in an hotel all need to be checked every 12 months and given a LOLER certificate it is a bit like an MOT for a car, without a certificate it should not be used.

PUWER (Provisions and Use of Work Equipment Regulations 1998)

Under the PUWER regulations of 1998 it clearly states that unless you have being trained & Authorised to use any work equipment and that is any work equipment then you should not use it you need to be trained and authorise to use it first.

FORKLIFT TRUCK CERTIFICATION

While it is commonly known as a Forklift licence, there is no such thing. However there is a Forklift Truck Certificate of Basic Training, which is recognised by the HSE as someone who has demonstrated the basic operating skills to use that specific machine as well has having the correct knowledge to go with it, and a Certificate should be held by the operator for all the different Lift Trucks they may use.

While there isn't a specific legal requirement for mandatory forklift refresher courses, employers are legally obligated to ensure forklift operators are adequately trained.

The Health and Safety Executive (HSE) recommends that refresher training be considered every 3 years, according to Mentor Training.

Elaboration:

Legal Obligations:

Employers have a legal duty under the Health and Safety at Work Act 1974 and the Provision and Use of Work Equipment Regulations 1998 (PUWER) to ensure employees receive adequate training, including refresher training, for the safe operation of machinery, including forklifts.

HSE Recommendations:

The HSE recommends refresher training every 3 to 5 years, but this is a guideline, not a legal requirement.

Specific Circumstances:

Refresher training or re-assessment might be necessary more frequently if:

• Operators haven't used trucks for some time.
• Operators are occasional users.
• Operators appear to have developed unsafe working practices.
• An accident or near-miss has occurred.
• There's a change in working practices or environment.
• Employer's Responsibility:
• Ultimately, the employer is responsible for determining when refresher training or re-assessment is necessary to ensure operators remain competent and safe.

SEAT BELTS

Since 2002 it has become law that all counterbalance & pivot steer trucks up to Ten Ton should be fitted with seat belts. A seatbelt should be worn at all times while operating, unless a specific risk assessment concludes otherwise. The Health and Safety Executive (HSE) states that where restraining systems are fitted, they should be used. This includes both during the operation of the forklift and when entering and exiting.

Exceptions and Considerations

Medical reasons:
If a medical condition prevents the use of a seatbelt, it may be acceptable to not use it, but this should be documented and justified in a risk assessment.

Risk assessment:
A thorough risk assessment may determine that in certain situations, such as very short movements or when an enclosed cab significantly reduces the risk of injury, the seatbelt might not be needed.

Public roads:
It is a legal requirement to wear a seatbelt on a forklift truck when operating on public highways, as per the Road Traffic Act 1988.

Enclosed cabs:
While a closed cab might reduce the need for seatbelts in some cases, it is still best practice to wear them, especially if the cab is not completely enclosed.

Tip-overs:
If a forklift truck tips over, the operator who is not wearing a seatbelt could be thrown from the vehicle or trapped underneath.