What Happens When Defects Are Found During a LOLER Thorough Examination?

If you're responsible for lifting equipment, discovering that defects have been identified during a LOLER inspection can be worrying. Questions such as Can I still use the equipment?, Will I be breaking the law?, and What do I need to do next? are common concerns for employers, facilities managers and duty holders.

The first thing to understand is that a LOLER Thorough Examination doesn't officially result in a simple "pass" or "fail". Instead, a competent person examines the equipment and records any defects, along with the action required to ensure it remains safe and compliant.

In this guide, we'll explain what happens when defects are found during a LOLER Thorough Examination, your legal responsibilities, and the steps you should take to keep your workplace safe and compliant.

What Is a LOLER Thorough Examination?

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) require lifting equipment used at work to be thoroughly examined by a competent person at regular intervals.

For most equipment, examinations are required:

• Every six months for equipment used to lift people.

• Every six months for lifting accessories such as chains, slings and shackles.

• Every 12 months for other lifting equipment.

• At intervals specified within a written examination scheme where one has been established.

Unlike routine servicing or maintenance, a Thorough Examination is a statutory inspection designed to identify defects that could affect the safe operation of lifting equipment.

Equipment commonly covered by LOLER includes:

• Passenger lifts

• Goods lifts

• Vehicle lifts

• Cranes

• Hoists

• Forklift trucks (where LOLER applies)

• Tail lifts

• Lifting beams

• Chains

• Slings

• Shackles

• Eyebolts

Does Equipment Officially "Pass" or "Fail" a LOLER Inspection?

Although many people describe the outcome as a "pass" or "fail", this isn't the terminology used within LOLER.

Instead, the competent person records the condition of the equipment and identifies any defects found during the Thorough Examination.

Those defects are then classified according to their severity. Some require immediate action because they present an existing or imminent risk of serious personal injury, while others may be given a specified timescale for rectification.

In many cases, equipment with minor defects can continue to be used while repairs are arranged, provided the competent person has not prohibited its continued use.

What Happens If Serious Defects Are Found?

Where a defect presents an existing or imminent risk of serious personal injury, the consequences are immediate.

The Equipment Must Be Taken Out of Service

Equipment presenting a serious risk should not continue to be used until the defect has been rectified.

Continuing to operate unsafe lifting equipment places employees and members of the public at unnecessary risk and could result in enforcement action.

The Competent Person Must Report Serious Defects

Where a defect involves an existing or imminent risk of serious personal injury, the competent person is legally required to notify the relevant enforcing authority, as well as the duty holder.

This helps ensure serious safety issues are addressed without delay.

Repairs Must Be Carried Out

Repairs should be completed by suitably qualified and competent engineers using appropriate replacement parts and recognised repair methods.

Depending on the nature of the defect and the work undertaken, further verification or examination may be appropriate before the equipment returns to service.

What About Less Serious Defects?

Not every defect requires equipment to be withdrawn from service immediately.

Some defects are recorded with a deadline for rectification because they could become dangerous if left unresolved.

In these situations, the competent person will specify when the repair must be completed.

The equipment must not continue to be used beyond that date if the defect remains outstanding.

Ignoring these recommendations can lead to further deterioration, increased repair costs and potential breaches of your legal duties.

What Are the Legal Consequences of Ignoring LOLER Defects?

LOLER places clear legal responsibilities on employers and duty holders.

Failing to act on defects identified during a Thorough Examination may result in:

• Enforcement action by the relevant authority.

• Improvement or prohibition notices.

• Criminal prosecution in serious cases.

• Unlimited fines imposed by the courts.

• Increased civil liability following an accident.

More importantly, ignoring safety defects significantly increases the risk of injury to employees, contractors and members of the public.

Could It Affect Your Insurance?

Following a workplace incident, insurers will often investigate whether lifting equipment was being properly maintained and examined.

If defects identified during a Thorough Examination were ignored, this may become an important factor during their investigation.

Maintaining accurate inspection records and acting promptly on reported defects demonstrates good safety management and legal compliance.

What Should You Do If Defects Are Identified?

Receiving a Thorough Examination report showing defects doesn't need to become a crisis, provided you respond appropriately.

1. Read the Report Carefully

Understand exactly what defects have been identified and the actions recommended by the competent person.

Pay particular attention to any deadlines for rectification.

2. Remove Unsafe Equipment from Service

If the report identifies an existing or imminent risk of serious personal injury, stop using the equipment immediately.

Prevent accidental use until repairs have been completed.

3. Arrange Repairs Promptly

Use competent engineers with the appropriate knowledge and experience of the equipment involved.

Delaying repairs can increase both safety risks and costs.

4. Keep Comprehensive Records

Maintain copies of:

• Thorough Examination reports.

• Maintenance records.

• Repair documentation.

• Replacement components.

• Follow-up inspections or verification where applicable.

Good record keeping demonstrates compliance and provides evidence should questions ever arise.

5. Continue Your Planned Maintenance

Routine servicing and preventative maintenance reduce the likelihood of defects developing between Thorough Examinations.

Remember, however, that maintenance does not replace the legal requirement for a LOLER Thorough Examination.

How Can You Reduce the Risk of Defects?

The best way to avoid unexpected issues during a Thorough Examination is to adopt a proactive maintenance strategy.

This includes:

• Carrying out regular preventative maintenance.

• Performing routine visual inspections before use where appropriate.

• Reporting faults as soon as they are discovered.

• Replacing worn components before they become dangerous.

• Training staff to recognise signs of damage or deterioration.

• Keeping accurate maintenance and inspection records.

• Scheduling Thorough Examinations before certificates expire.

Businesses that take a preventative approach typically experience fewer unexpected breakdowns, reduced downtime and lower repair costs.

Frequently Asked Questions

Can equipment still be used if it has defects?

It depends on the severity of the defect. Some defects require immediate withdrawal from service, while others may be rectified within a specified timescale determined by the competent person.

Is a LOLER Thorough Examination the same as servicing?

No. Servicing and maintenance help keep equipment in good working order, whereas a Thorough Examination is a statutory inspection required under LOLER.

Who can carry out a LOLER Thorough Examination?

The examination must be completed by a competent person with the appropriate practical and theoretical knowledge, experience and independence to identify defects and assess their significance.

What happens after repairs are completed?

Depending on the nature of the defect and the work undertaken, further verification or examination may be appropriate before the equipment returns to service.

Conclusion

Finding defects during a LOLER Thorough Examination should never be ignored, but it doesn't necessarily mean your equipment has reached the end of its working life.

The key is to understand the findings, act promptly on any defects identified, and ensure repairs are completed by competent professionals.

By maintaining lifting equipment correctly, responding quickly to reported defects and arranging Thorough Examinations at the required intervals, you can reduce downtime, remain compliant with LOLER and, most importantly, protect the safety of everyone who relies on your lifting equipment.

If you're looking for professional LOLER Thorough Examinations carried out by experienced competent persons, LOLER Pass provides clear, independent reporting to help businesses across the UK meet their legal obligations and keep lifting equipment operating safely.

Platform lift in a public space