Lifting equipment thorough examination in Ireland: an employer guide

Lifting equipment in Irish workplaces is regulated by the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), as amended. If your organisation in Dublin or elsewhere in Ireland owns or uses a passenger lift, a forklift, a patient hoist, a tail-lift, a crane or a set of slings, the Regulations require equipment of the types listed in Schedule 1 to be examined by a competent person, that the results are written down, and that the paperwork is kept. This guide explains what the Regulations say, what they leave to the examiner, and a practical way to organise it. It is a general guide, not legal advice. For the wider framework, see our overview of the General Application Regulations 2007.

The points below come from the consolidated text of the Regulations on the Law Reform Commission's Revised Acts site and from Health and Safety Authority (HSA) publications. The Revised Acts pages we read show amendment notes but no "last updated" date, so check the current text on the official site before relying on any figure.

What counts as lifting equipment

Regulation 27 defines the key terms. "Lifting accessories" are items placed between the lifting equipment and the load, or on the load, in order to attach it, and the named examples include slings, shackles and spreader devices. A "hoist or lift" is a lifting machine whose direction of movement is restricted by a guide or guides, and the definition expressly excludes fork lift trucks and similar equipment. The word "load" is defined to include a person, so equipment that lifts people falls within the same Chapter.

This matters well beyond construction. An office block with passenger lifts, a care home with patient hoists, a warehouse with forklifts and a garage with a vehicle lifting table all have equipment that appears in the Regulations' schedule of examination periods. Whether a particular machine in your premises falls under a given entry is a question to settle with your competent person.

The core duties before and during use

Several separate duties apply, and they are easy to confuse.

• Inspection (Regulation 30). Where safety depends on how equipment is installed, the employer must ensure an inspection after installation and before first use, and after assembly at any new site or location. For equipment exposed to deterioration that could create danger, the employer must ensure periodic inspections and, where appropriate, testing, plus special inspections when exceptional circumstances arise, such as modification work, accidents, natural phenomena or prolonged inactivity. These inspections must be carried out by a competent person and be appropriate to the nature, location and use of the equipment.
• Maintenance (Regulation 31). Equipment must be kept in compliance through adequate maintenance throughout its working life, and a maintenance log must be kept up to date for each machine.
• Thorough examination and testing (Regulation 52). This is the specific duty for lifting equipment and is covered in detail below.
• Safe use (Regulation 42). Lifting operations must be properly planned, appropriately supervised and carried out to protect employees. Machinery for lifting loads must be clearly marked with its safe working load, and equipment not designed to lift people must be clearly marked to say so. Equipment must not be used beyond its safe working load except when being tested under the direction of a competent person.
• Lifting accessories (Regulation 49). Accessories must be selected by reference to the loads, gripping points, attachment tackle and atmospheric conditions, stored so they are not damaged or degraded, and marked so the characteristics essential for safe use can be identified.

Thorough examination under Regulation 52

Regulation 27 says a "thorough examination" includes testing if a competent person considers it necessary, or where testing is required under Regulation 52 and Schedule 1. Regulation 52 sets out when examination is required. On the page we read, the employer must ensure that:

• fixed lifting equipment is not used for the first time unless it has been tested and thoroughly examined by a competent person and there is a certificate stating its safe working load;
• mobile lifting equipment is not used for the first time unless it has been examined and certified, or is a new machine that is CE marked, comes with an EC declaration of conformity and has not been reassembled since dispatch;
• equipment or accessories that have been altered or repaired in a way relevant to safe operation are examined by a competent person before returning to service; and
• equipment is used only under any conditions set out in an examination report.

Regulation 52(3) then provides that equipment listed in Parts B or C of Schedule 1 must not be used unless it has been examined by a competent person at least once in the period specified in the Schedule.

The periods in Schedule 1

Unlike some other areas of workplace safety, the Irish Regulations do set fixed periods for lifting equipment. On the Schedule 1 page we read, Part B lists, among others:

This is a selection, not the full list, and the Schedule has been amended over time, so check the current figure on the official page. Part C separately lists circumstances requiring testing as part of a thorough examination, including after any substantial alteration or repair affecting strength or stability, before first use for fixed lifting equipment, and every 4 years for a mobile crane or a winch.

Part D lists items with a lifting function that are subject to the general inspection duty in Regulation 30 but not to Regulation 52. Examples include bottle jacks, pallet trucks, escalators and conveyors, and platform lifts for level changes of 1.2 m or less. That does not mean no checks are needed, because Regulation 30 still applies to them.

A competent person who is examining equipment under Regulation 52(3) may specify a period shorter than the Schedule gives if, in their opinion, more frequent examination is required. If they do, they must give the reason in writing to the owner and user (Regulation 53(2)).

Who is a competent person

Section 2 of the Safety, Health and Welfare at Work Act 2005 says a person is deemed competent where, having regard to the task they are required to perform and the size or hazards of the undertaking, they possess sufficient training, experience and knowledge appropriate to the nature of the work. On the pages we read, the Regulations do not name a licence or specific qualification for lifting equipment examiners. Our suggestion: ask any examiner or inspection company for evidence of their relevant training and experience, and keep that evidence with the equipment file when you appoint them.

Reports, registers and records

The competent person must prepare a report of every examination and test containing the particulars in Part E of Schedule 1 (Regulation 53(1)(a)). Part E includes the identification of the equipment, the dates of this and the last examination, the safe working load, any defect that is or could become a danger to persons, the repairs needed, any parts not accessible for examination, the latest date by which the next thorough examination must be carried out, and the name, address and qualifications of the person making the report.

The employer then has record-keeping duties under Regulation 54:

• a report, or a copy, must be kept at the place of work when the equipment is permanently located there;
• for lifting equipment on a construction site, it must be kept at the site office or at the office address of the contractor for whom the report was made;
• for mobile equipment, it must be kept on the equipment as well as being available for inspection at the owner's address; and
• a register of lifting equipment and lifting accessories must be maintained, showing the details of the equipment, a distinguishing number, the date of first use and the date of last thorough examination and testing, and kept available for inspection by an inspector. If an item has no distinguishing number or mark, one of long-lasting duration must be provided.

Separately, Regulation 30 requires inspection results to be recorded and kept available for inspection by an inspector for 5 years from the date of inspection, with access made available to users of the equipment on request. Equipment used at another place of work must be accompanied by evidence of its last inspection.

The HSA publishes a sample Report of Thorough Examination form (GA1, Revision 2012). The form itself states that it is not an approved or statutory form and that reports may be produced in other formats.

Defects and what happens next

Where an examination reveals that the equipment can only be used safely if certain repairs are carried out, or the examiner foresees a need for repairs, Regulation 53(1)(b) requires the competent person to inform the owner and user in writing. For a potential need, the examiner must specify the period within which, in their opinion, the repairs should be carried out. Where immediate cessation of the work has been advised, the competent person must send a copy of the report to the HSA not later than 20 days after the examination is completed. That notification duty sits with the examiner, not the employer. The employer's position is separate: Regulation 52(1)(d) requires that equipment is used only in accordance with any conditions set out in the examination report. Our suggestion, not a stated requirement, is to keep any item the examiner has advised stopping out of use until the defect is dealt with.

The pages we read do not set out a separate requirement for employers to report an individual defect to the HSA, so we have not stated one. For how the HSA uses improvement and prohibition notices generally, see our guide to HSA improvement and prohibition notices.

Lifting people

Regulation 45 provides that persons may be lifted only by means of work equipment and accessories suitable for the purpose. Regulation 48(1) allows equipment not specifically designed to lift persons to be used for that purpose only in exceptional circumstances and only if a set of conditions is met. As we read Regulation 48(1), those conditions include adequate supervision, a manned control position while employees are on the equipment, reliable communication, a reliable means of evacuation, even ground and stability. The conditions also include that the total load is less than half the rated capacity, and that the equipment has a capacity of not less than 1,000 kg unless the manufacturer indicates it is suitable. Check the full text of Regulation 48 before relying on this summary. Lifting equipment with provision for free fall must not be used to lift persons. Where lifting overlaps with work at height, see our guide to working at height duties for Irish employers.

A practical approach for a small or mid-sized employer

Our suggestions, which are not legal requirements:

• Build one register of every lifting machine and accessory, with the distinguishing number, location, date of first use, and last and next examination dates taken from the competent person's report.
• Diarise each due date ahead of the period in Schedule 1 so equipment is never used after it lapses.
• Check that each report contains the Part E particulars before filing it, particularly the latest date for the next examination and any listed defects.
• Tag out any item that has failed an examination or has no valid report until it is dealt with.
• Where several sites or tenants share lifts and hoists, agree in writing who is the employer responsible for each item.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Does Irish law set a fixed examination interval for lifting equipment?

Yes. Schedule 1 to the General Application Regulations 2007 lists periods by equipment type, for example 6 months for a hoist or lift and for lifting accessories, and 12 months for a crane. The Schedule has been amended, so check the current figure on the official page.

Who can carry out a thorough examination?

A competent person. The 2005 Act describes this as someone with sufficient training, experience and knowledge appropriate to the nature of the work, having regard to the task and the size or hazards of the undertaking.

How long must examination records be kept?

Regulation 30 requires inspection results to be kept available for 5 years from the date of inspection. Regulation 54 separately sets where reports must be kept and requires a register of lifting equipment and accessories. The pages we read do not give a retention period for the Regulation 54 reports, so keeping them for the life of the equipment is a sensible approach, though that is our suggestion rather than a stated requirement.

Are pallet trucks and bottle jacks covered?

They are listed in Part D of Schedule 1, which means the Regulation 30 inspection duty applies but the Regulation 52 thorough examination periods do not.

Must the employer send examination reports to the HSA?

Not as a routine matter on the pages we read. Regulation 53 requires the competent person to send a copy to the HSA within 20 days where immediate cessation of work has been advised.

If you are unsure which entry in Schedule 1 applies to your equipment, ask your competent person to confirm it in writing and keep that confirmation with the register.