Your Guide to PUWER, LOLER and HSE Compliance

Permitting untrained drivers to operate forklift trucks on your premises is a massive compliance and safety issue. If they have an accident, or if an inspector discovers that they don't have the right credentials, it can lead to high penalties from the Health and Safety Executive (HSE). You may face both corporate liability and personal liability, including prosecution, as a director or manager.

This guide sets out exactly what the law requires, so you can close any gaps before an inspector finds them.

Legal requirements for forklift operators

Many businesses believe that the absence of a single uniform forklift certificate in the UK means that anybody can drive a forklift truck. However, this is not the case.

To be compliant, you have to do the following:

Under PUWER 1998 (Regulation 9), employers have to ensure that anyone using a forklift truck, or anyone supervising or managing a forklift truck, has adequate health and safety training.

Under LOLER 1998 (the Lifting Operations and Lifting Equipment Regulations), lifting equipment has to undergo periodic, documented, thorough examinations by an accredited person, every 12 months for standard use, or every 6 months if the truck is used to lift people, to ensure safety for use.

Under HSE ACOP L117, companies have to prove that they have complied with the code of practice, which has a special status under law. Proof must follow the legal guidelines.

Daily checks and defect book requirements

As a company that operates trucks, you must follow various daily checks and defect book requirements. Operators have to actively monitor the machinery and their vehicles, and perform a documented pre-use inspection before sitting in the cab. Any defects must be recorded in the official defect book. Employers must then act immediately if any problems are discovered with the vehicles under their care and ensure they receive proper repairs by a skilled and trained engineer.

Employer responsibility checklist

Employers operating forklift trucks in the UK should adhere to the following checklist:

Check that operators have all the specific forms of training described in L117. These include:

• Basic Training
• Specific Job Training
• Familiarisation Training
• Audit defect books and check pre-use checks are happening every day and being stored securely.
• Schedule thorough examinations under LOLER rules.
• Write authorisations to operate on your specific site and ensure those permissions are formal.

What are the consequences of non-compliance?

Failing to meet these regulations can come with severe penalties. For example, the HSE can impose uncapped fines against your company if it fails to follow the rules. Sometimes directors and managers can even face prison time, up to two years, under the Health and Safety at Work Act 1974. Lastly, there can be insurance issues. Insurers may void cover if firms fail to remain compliant.

FAQs

Do operators need a UK driving licence to operate forklift trucks?

No, operators do not need UK driving licences to operate forklift trucks. The HSE, not the DVSA, regulates forklifts. Operators instead need training and certification from a recognised body such as RTITB, ITSSAR, AITT or NPORS.

How often should supervisors be trained?

There's no fixed legal interval, but HSE's ACOP L117 guidance recommends refresher training or a retest every three to five years, alongside ongoing workplace monitoring. Supervisors, managers and operators should also be retrained sooner if their performance raises concerns, after an accident or near miss, following a long break from driving, or when equipment or the site layout changes.

Ensure full team compliance today

If you're worried about the compliance risks of operating forklift trucks at your business, contact us today. Explore our range of compliant operator training courses and ensure your workspaces remain safe.