What Happens If You Dont Get a LOLER Pass Legal Consequences and Safety Risks
Missing a LOLER inspection is not a paperwork problem. It can make lifting equipment illegal to use, expose people to serious injury, and put the duty holder at risk of enforcement, prosecution, and costly claims.
In the UK, the Lifting Operations and Lifting Equipment Regulations 1998 require lifting equipment to be safe, suitable, and checked by a competent person. Many people call the result a “LOLER pass”, but the correct document is a thorough examination report. That report says whether the equipment is safe to keep using, whether defects exist, and when the next examination is due.
This article is for general information only. It is not legal advice.
What a LOLER pass actually means
A “pass” means a competent person has carried out a thorough examination and found the lifting equipment safe to use, either without defects or with defects that do not require the equipment to be taken out of service.
The report should record key details, including:
The equipment examined
The date of examination
The safe working limit marked on the equipment
Any defects found
Whether defects are dangerous
The date by which the defects must be fixed
The latest date for the next examination
The Health and Safety Executive explains that lifting equipment must be thoroughly examined at set intervals, or in line with a written examination scheme. This rule exists because wear, damage, poor storage, overload, and misuse can all make a lifting operation unsafe.
A LOLER report is not the same as routine maintenance. Maintenance keeps equipment in good working order. A thorough examination checks whether the equipment is safe for lifting.
Both matter. One does not replace the other.
When lifting equipment needs a thorough examination
The usual examination periods under the Lifting Operations and Lifting Equipment Regulations are clear.
Equipment type | Usual maximum period between thorough examinations |
Lifting equipment used to lift people | Every 6 months |
Lifting accessories, such as chains, slings, and shackles | Every 6 months |
Other lifting equipment | Every 12 months |
Equipment under a written examination scheme | As set out in that scheme |
There should also be a thorough examination after events that may affect safety. Examples include damage, long periods out of use, major repair, installation in a new place, or exposure to conditions that could cause deterioration.
A forklift, hoist, crane, tail lift, goods lift, vehicle ramp, lifting beam, sling, chain block, and eyebolts can all fall under these rules if used for lifting. The exact duty depends on the equipment and how it is used.
The key point is simple: if the examination is overdue, do not treat the equipment as automatically safe.
What happens if you miss a LOLER examination
If the inspection date passes and there is no current thorough examination report, several problems can follow.
The equipment may need to be taken out of use
If lifting equipment is overdue for examination, the safest step is usually to stop using it until a competent person examines it. This is especially true if the equipment lifts people, carries heavy loads, or has visible wear.
Using overdue equipment creates a clear question if something goes wrong: why was lifting allowed when the legal check had expired?
That question can matter in an investigation, an insurance review, and a civil claim.
Work may be delayed
A missed examination can stop jobs at short notice. If a hoist, lift truck, or lifting sling is needed for daily tasks, taking it out of use can affect deliveries, repairs, warehouse work, construction tasks, and vehicle maintenance.
The delay often costs more than the examination.
A planned inspection is a manageable booking. An overdue inspection can become an emergency.
Defects can go unnoticed
Many lifting defects are not obvious during normal use.
A sling may have internal damage. A chain may have stretched. A hook latch may not close correctly. A lift mechanism may show wear that only becomes clear during a proper examination.
Small defects can become critical under load.
Staff may lose trust in the lifting system
People notice when safety checks are missed. It can lead to poor habits, rushed work, and uncertainty about who is responsible.
A current report gives clear evidence that equipment has been checked. It also gives workers a direct way to report defects and stop unsafe lifting.
Legal consequences of missing a LOLER pass
The legal consequences can be serious because LOLER duties sit within wider UK health and safety law.
Under the Health and Safety at Work etc. Act 1974, employers and those in control of work have a duty to protect employees and others affected by their activities. LOLER adds specific duties for lifting equipment and lifting operations.
If lifting equipment is used without the required examination, enforcement can follow even if no one has been injured.
Inspectors can issue notices
The Health and Safety Executive or a local authority inspector can take action if they find unsafe lifting equipment or missing records.
They can issue an improvement notice. This requires the duty holder to fix a breach within a stated time.
They can also issue a prohibition notice. This stops a dangerous activity immediately, or stops it after a short period, depending on the risk. If lifting presents a serious risk, work can be halted.
Ignoring a notice is a criminal offence.
Prosecution can follow
Serious breaches can lead to prosecution. Courts can impose large fines. For some offences, individuals can also face imprisonment.
Fines for health and safety offences in England and Wales are based on harm risk, culpability, and the financial position of the organisation. The court does not need proof that someone was injured. A high risk of harm can be enough to make an offence serious.
Missing records, repeated failures, ignored defects, or continued use after a warning can make the position worse.
Directors and managers can be personally exposed
A company is not the only party at risk.
If a director, manager, or responsible person consented to the breach, allowed it, or neglected their duties, they can also face action in some cases.
This does not mean every missed date leads to personal prosecution. It does mean responsibility cannot always be pushed onto “the company” if decisions were made by named people.
Insurance problems can arise
Insurance does not remove the legal duty to comply with LOLER. It may also require equipment to be inspected and maintained.
If a claim follows an incident involving overdue lifting equipment, insurers may ask for examination reports, maintenance records, training records, and defect logs.
A missing LOLER report can weaken the position. It may delay a claim, reduce cover in some circumstances, or create a dispute. The exact outcome depends on the policy terms and facts.
The safer assumption is clear: keep reports current and easy to find.
Safety risks when lifting equipment has no current report
Lifting failures can cause life-changing injuries. A dropped load can crush feet, hands, legs, or people nearby. A failed lifting point can send a load swinging. A faulty lift can trap someone. A dropped object from height can be fatal.
The main risks include:
Loads falling without warning
Equipment collapsing or tipping
People being trapped or struck
Loads swinging into nearby workers
Damage to vehicles, stock, buildings, or machinery
Fire or spill risks if the load contains fuel, chemicals, or batteries
These risks increase when lifting equipment is used in demanding conditions. Outdoor work, dirty environments, wet areas, corrosive substances, high use, and rough handling can all speed up wear.
A thorough examination helps catch deterioration before it becomes a failure.
What to do if your LOLER inspection has expired
An overdue examination needs a calm, practical response. Do not hide it and do not keep using the equipment because “it worked yesterday”.
Stop and identify affected equipment
Check which equipment is overdue. Include lifting accessories, not only the main machine.
Common items missed include:
Slings
Shackles
Eyebolts
Chain blocks
Lifting beams
Pallet truck lifting parts
Vehicle tail lifts
Workshop ramps
Passenger lifting equipment
Put a clear hold on equipment that should not be used. Use tags, barriers, or a simple quarantine area so no one uses it by mistake.
Arrange a thorough examination
Book a competent person to inspect the equipment. A competent person must have the right knowledge, experience, and independence to judge whether the equipment is safe.
They do not have to work for a specific type of company, but they must be able to make a reliable safety decision.
Ask for a written report. Keep it in a place where it can be found quickly.
Fix defects before use
If the report identifies defects that make the equipment unsafe, do not use it until the defects are fixed.
Some defects are marked as requiring immediate action. Others may have a deadline. Follow the report closely.
After repair, the equipment may need another examination before it returns to service.
Review why the date was missed
A missed date is usually a system failure. The cause might be simple, such as a calendar reminder being lost, a staff change, or no central record.
Fix the system, not only the inspection.
Records you should keep
Good records do not need to be complicated. They need to be accurate, current, and easy to access.
Keep:
Thorough examination reports
Maintenance records
Repair records
Defect reports
Training records for people who plan or carry out lifting work
A register of lifting equipment and lifting accessories
Next examination dates
The examination report should usually be kept until the next report is made, or for the period required by the regulations depending on the equipment and situation. For safety and evidence, many businesses keep records for longer.
Digital records are fine if they are secure, backed up, and easy to show during an inspection.
Could you fail a LOLER inspection
Yes. A thorough examination can find defects serious enough to stop equipment being used.
A “fail” may happen because of:
Cracked, bent, worn, or stretched parts
Missing safe working limit markings
Damaged hooks, latches, chains, or ropes
Faulty brakes or controls
Poor installation
Severe corrosion
Missing identification
Unsafe modifications
Evidence of overload
The report should state what is wrong and what action is needed. If the defect presents an existing or immediate risk of serious injury, the competent person may also have to send a copy of the report to the enforcing authority.
That is another reason to act fast. A dangerous defect is not a private maintenance note. It can become an enforcement matter.
Common mistake is treating LOLER as optional paperwork
The biggest mistake is thinking a LOLER pass only matters after an accident. It matters before the lift takes place.
Lifting operations must be planned, supervised, and carried out safely. If the equipment has no current report, the plan starts with a major gap.
Another mistake is assuming new equipment does not need attention. Some lifting equipment may need examination before first use, especially if safety depends on installation conditions. Equipment also needs checks after events that could affect safety.
A third mistake is checking the main machine but forgetting attachments. A crane, hoist, or lift truck may be inspected, while the sling or shackle used with it is overdue. The whole lifting setup matters.
How to prevent missing the next inspection
Use a simple system that people actually follow.
A good system includes:
One register for all lifting equipment and accessories
Clear equipment identification
Inspection dates set before the due date
Reminders sent to more than one person
A quarantine process for overdue or damaged equipment
A rule that no current report means no lifting
Regular checks that records match equipment on site
Do not rely on memory. Lifting equipment moves between vans, sites, workshops, and storage areas. Accessories are easy to lose, swap, or overlook.
A visible tag system helps, but tags are not enough by themselves. Tags can fall off or become unreadable. The written record is the evidence.
The bottom line
If you miss a LOLER examination, stop and deal with it before the equipment is used again. The risk is not only a failed audit. The risk is an unsafe lift, an injured person, a stopped job, enforcement action, prosecution, and a hard question to answer later.
A current thorough examination report shows that the equipment has been checked by a competent person. It also gives clear instructions when defects exist.
The safest rule is simple: if lifting equipment is overdue, damaged, or missing its report, take it out of use until it has been properly checked.
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