A LOLER thorough examination can only be carried out by a competent person. Under the Lifting Operations and Lifting Equipment Regulations 1998, that means someone with enough practical and theoretical knowledge and experience of the lifting equipment to find defects and judge how serious they are, together with enough independence to report those defects honestly. It is not defined by a single qualification or certificate, and it is not the operator or the company that maintains the equipment. This guide explains what competent person means in practice and how to be sure the person examining your equipment qualifies.
What LOLER means by a competent person
LOLER does not name a specific qualification. Its supporting guidance describes a competent person as someone with the practical and theoretical knowledge and experience of the equipment to be examined, sufficient to identify defects or weaknesses and to assess how they affect safety. The depth of knowledge needed scales with the equipment: examining a simple sling calls for less than examining a multi-fall overhead crane.
Independence and impartiality
Knowledge alone is not enough. The competent person must also be sufficiently independent and impartial to give an objective judgement. That is why the person who operates the equipment day to day, or the company paid to maintain it, is generally not the right choice to examine it. There is a conflict of interest in signing off your own work. An honest report sometimes means condemning equipment, and the examiner must be free to do that without commercial pressure.
Credentials to look for
Because LOLER sets out a principle rather than a certificate, look for evidence that the principle is met:
- Recognised engineering credentials and membership of a professional engineering body.
- Demonstrable experience with the specific type of lifting equipment you operate.
- Professional indemnity and public liability insurance, so the sign-off carries backing.
- Independence from the supply and maintenance of the equipment being examined.
- Clear, well-structured reports that stand up to scrutiny from the HSE or an insurer.
Who cannot sign off a LOLER examination
- The machine operator, as part of routine daily checks.
- An in-house maintenance team that lacks the independence or specific competence LOLER expects.
- A general contractor without knowledge of the specific lifting equipment.
- A supplier examining equipment they have a commercial interest in passing.
None of this stops in-house staff carrying out pre-use checks and maintenance. Those are important and expected. The thorough examination itself, though, is the competent person's responsibility.
The competent person's duties
The role does not end when the examination does. The competent person must report the findings to the duty holder as soon as possible, and in any event within 28 days. Where a defect could become a danger to people, they must also notify the relevant enforcing authority, such as the HSE. The report they issue is a legal document that forms part of your compliance record.
Independent competent-person examinations at Safe-Lee
Safe-Lee is an independent inspection consultancy covering Manchester and the North West. Thorough examinations are carried out by Engineer Surveyor Lee Charnock (EngTech MSOE MBES), whose credentials and independence meet the competent person test, and reports are typically issued within one to two working days. Because we do not maintain or sell the equipment we examine, there is no conflict of interest in what we report. See our LOLER inspection service, or our guide to LOLER inspection cost for how competence and independence factor into a fair quote.
Frequently asked questions
Who can legally carry out a LOLER inspection?
A competent person: someone with sufficient practical and theoretical knowledge and experience of the equipment, and enough independence to report defects honestly. In practice this is usually an external engineer surveyor.
Can my maintenance company do the LOLER examination?
Only if they are genuinely competent for that equipment and sufficiently independent. Because a maintenance provider has an interest in the equipment passing, many duty holders prefer an independent examiner to avoid the conflict.
Is there a specific LOLER qualification?
No single certificate defines a competent person. LOLER sets out the knowledge, experience and independence required, and you should look for recognised engineering credentials and relevant experience as evidence of it.
Can an operator carry out the thorough examination?
No. Operators should carry out daily pre-use checks, but the statutory thorough examination must be carried out by a competent person, not the operator.