Information to help you understand workplace training requirements
Training Legislation and What you Need to know
There is a wide range of legislation and best-practice guidance surrounding Material Handling Equipment (MHE) due to the potential for serious injury when equipment is not operated, maintained or managed correctly.
It is essential that employers, managers, supervisors and anyone responsible for the safety of themselves or others understand their legal responsibilities and the standards they are expected to follow.
Below are some of the key pieces of legislation and guidance you should be familiar with to help ensure MHE is operated safely and workplace risks are effectively managed:
The Health and Safety Executive have dedicated guidance pages for vehicles at work, where you will find lots of useful information, not just on recommendations for training, but also: Site safety, inspection checklists, industry news and more. To find out more about vehicles at work safety, please visit the HSE’s website
Health and Safety at Work etc. Act 1974: Often referred to as HASAWA, this Act forms the foundation of health and safety law in Great Britain and sets out the general duties of employers, employees and others within the workplace.
Employers have a duty, so far as is reasonably practicable, to protect the health, safety and welfare of their employees. This includes providing and maintaining safe systems of work, safe plant and equipment, appropriate information, instruction, training and supervision, and a safe working environment.
Employees also have responsibilities. They must take reasonable care of their own health and safety and that of others who may be affected by their actions or omissions, and must cooperate with their employer to enable health and safety requirements to be met. Employees must also not intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare, including safety equipment and protective devices.
In relation to MHE, this means that responsibility for safety does not rest solely with the operator. Employers, managers, supervisors and operators all have an important role in ensuring equipment is used safely, risks are properly controlled and appropriate training and supervision are provided.
Provision and Use of Work Equipment Regulations 1998 (PUWER): Commonly known as PUWER, these regulations place duties on employers and those responsible for work equipment to ensure that it is suitable for its intended use, properly maintained and used safely.
PUWER requires employers to ensure that anyone who uses work equipment, or supervises or manages its use, has received adequate training. This includes appropriate instruction on how the equipment should be used, the risks involved and the precautions that need to be taken.
For MHE, this means employers must ensure operators are competent and appropriately trained for the equipment they are required to use. Managers and supervisors must also have sufficient knowledge and training to effectively oversee MHE operations and ensure safe working practices are followed.
Equipment should be maintained in an efficient state, in efficient working order, in good repair and be fit for purpose, with appropriate inspections carried out where deterioration could result in a significant risk to health and safety.
Lifting Operations and Lifting Equipment Regulations 1998 (LOLER): Commonly known as LOLER, these regulations cover lifting equipment used at work and are designed to ensure that lifting operations are properly planned, supervised and carried out safely.
LOLER requires lifting equipment to be suitable for its intended use, appropriately positioned and installed, and subject to thorough examination by a competent person.
As a general rule, lifting equipment must be thoroughly examined at least every 12 months, or every 6 months where the equipment is used for lifting people. Lifting accessories, such as chains and slings, are also generally subject to a 6-monthly thorough examination.
For MHE such as forklift trucks, LOLER is particularly relevant to the parts of the equipment that perform the lifting function. Employers must ensure the necessary examinations are completed and that appropriate records are retained.
L117 Approved Code of Practice for Rider Operated Lift Trucks: This is the HSE’s primary guidance on the safe operation of forklift trucks. It is a definitive guide to forklift truck training and, if followed, will assist you in ensuring that you comply within the Law. If an accident occurs and this guidance was not followed, then you will be expected to prove that you complied in another way or else you could be found to be in breach of Heath and Safety Law
Management of Health and Safety at Work Regulations 1999: These regulations build upon the requirements of the Health and Safety at Work etc. Act 1974 and set out more specific duties for managing health and safety within the workplace.
Employers are required to carry out suitable and sufficient risk assessments to identify potential hazards, determine who may be at risk and put appropriate measures in place to control those risks. Risk assessments should be reviewed and updated when necessary, particularly where there have been significant changes or there is reason to believe an assessment is no longer valid.
The regulations also require employers to have appropriate arrangements in place for the planning, organisation, control, monitoring and review of preventative and protective measures, and to provide employees with relevant information about workplace risks and the controls in place.
Employees also have responsibilities, including using equipment in accordance with the training and instructions provided and informing their employer of work situations they believe present a serious or immediate danger, or of shortcomings in existing health and safety arrangements.
For MHE operations, effective risk assessment is particularly important. Employers should consider factors such as the type of equipment being used, the working environment, pedestrian movements, operator competence, loads being handled and any site-specific hazards when determining the training, supervision and control measures required.