LOLER for hoists and slings in care homes.

Which care equipment LOLER covers

LOLER applies because hoists and slings in hospitals and care homes are provided for use at work (L113 paragraph 50). HSE’s health and social care sheet HSIS4 sorts the common equipment like this. Height adjustment alone does not make something lifting equipment: a profiling bed’s principal function is to be a bed.

Source: HSE, HSIS4 (rev1), Annex. The annex applies only where the equipment is work equipment. LOLER does not apply to equipment a person buys for their own home, or that a community equipment provider loans for use by the person, their family or unpaid carers (L113 paragraph 51).

The 6-monthly thorough examination

• Every hoist and every sling, at least every 6 months (regulation 9(3)(a)(i)), or at the intervals in an examination scheme drawn up by a competent person (regulation 9(3)(a)(iii)). The report gives the latest date for the next one (Schedule 1, paragraph 8(d)); work to that date if it is earlier.
• Before first use, unless the equipment is new with a declaration of conformity made in the last 12 months, and after installation where safety depends on it, such as a ceiling track hoist (regulation 9(1) and 9(2)).
• After exceptional circumstances liable to jeopardise safety, such as an accident or overload, a significant change in use, or a long period out of use (regulation 9(3)(a)(iv); L113 paragraph 307).
• Servicing is not the examination. HSE’s HSIS3 says that in addition to routine maintenance and servicing, LOLER requires lifting equipment to be inspected and thoroughly examined. The same visit can do both, but the thorough examination produces its own report.
• Who examines. A competent person with the practical and theoretical knowledge and experience to find defects and judge how much they matter. HSIS4 says in-house staff may be competent for simpler, lower-risk devices and accessories, but should not normally be the person who maintains the equipment, and the employer should consider independent verification of their work.

Work out a single item’s next date with the LOLER due date checker; the general rules for every kind of lifting equipment are in how often LOLER inspections are needed.

Slings are lifting accessories, one by one

A sling attaches the person to the hoist, so it is an accessory for lifting (regulation 2(1); HSIS4). That has three practical consequences.

• Each sling has its own examination and report. A sling is not covered by the hoist’s report. Give it its own row in the register.
• Each sling must be uniquely identifiable. HSE says anyone using lifting equipment should be able to check it has been thoroughly examined, so slings need a unique identity. Manufacturers’ serial numbers can fade with laundering. Writing on the label is fine, but avoid permanent markers that may contain solvents such as xylene, which can weaken the fabric, and do not sew labels on; a label attached with a robust cable tie is acceptable. LOLER also requires accessories to be marked with their safe working load and the characteristics needed for safe use (regulation 7).
• Size and type matter as much as the date. HSE warns that sling sizes and coding vary between manufacturers, that the sling must be compatible with the hoist, and that the handling plan should name the hoist, the sling type and size, and the loop configuration for each person.

If someone arrives with their own sling, HSE says the organisation must balance the risk of using a sling not examined under LOLER against the risk of delaying their care, and have an experienced person check it for obvious damage first.

Pre-use checks

L113 (paragraphs 288 and 289) expects people who use lifting equipment to be trained to check it before use and to report and record any defect. HSE’s HSIS3 says to check the hoist and sling before each use in line with the manufacturer’s instructions, and gives the checklist below. If you find a fault with either, withdraw it from use immediately and follow your reporting procedure.

When a defect is found

1. The examiner tells you straight away about any defect that in their opinion is or could become a danger to people (regulation 10(1)(a)), then sends the written report as soon as practicable, to you and to anyone you hired or leased the equipment from (regulation 10(1)(b)).
2. Stop using it until it is fixed. You must make sure the equipment is not used before the defect is rectified (regulation 10(3)(a)). Where the report says a defect is not yet a danger but could become one, it gives the time by which that could happen (Schedule 1, paragraph 8(c)); the equipment must not be used after that time until it is fixed (regulation 10(3)(b)). Label it, take it out of the room, and tell the staff who use it.
3. Serious defects go to the enforcing authority. Where the defect involves an existing or imminent risk of serious personal injury, the examiner must also send a copy of the report to the relevant enforcing authority (regulation 10(1)(c)).
4. Hoists and slings are also medical devices. HSE points to the MHRA for reporting defects, adverse incidents and problems with the equipment, and for concerns about hoist and sling compatibility.

Records to keep

• Each 6-monthly report: until the next report is made, or for two years, whichever is later (regulation 11(2)(a)(iv)).
• The first examination of a sling before it was put into service: two years after the report (regulation 11(2)(a)(ii)).
• The first examination of a hoist before first use: until you stop using it; for an installed hoist, the post-installation report until you stop using it at that place (regulation 11(2)(a)(i) and (iii)).
• Records of inspections between examinations: until the next one is made (regulation 11(2)(b)).
• The declaration of conformity that came with the equipment: for as long as you operate it (regulation 11(1)).

HSE says records do not have to be on paper, but you should be able to produce a written copy when asked, and they should be protected from unauthorised alteration. More in LOLER record keeping.

Where CQC Regulation 15 fits

In England, regulation 15 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 requires all premises and equipment used by the service provider to be clean, secure, suitable for the purpose for which they are being used, properly used, properly maintained and appropriately located. CQC’s guidance on it says providers must meet the requirements of relevant legislation so that equipment is properly used and maintained; that arrangements for the purchase, service, maintenance, renewal and replacement of equipment must meet current legislation and guidance, manufacturers’ instructions and the provider’s own policies; and that staff who operate equipment must be trained to use it.

So CQC does not enforce LOLER, but in-date LOLER reports and pre-use checks are the evidence that hoists and slings are properly maintained. CQC says it cannot prosecute for a breach of Regulation 15 but can take regulatory action. Equipment at a person’s own home that the provider did not supply falls outside the regulation’s security, suitability, maintenance and location duties (regulation 15(3)), though CQC expects providers to make every effort to make sure it is clean, safe and suitable.

Track the dates: a hoist and sling register

One row per hoist and one per sling, each with its own last examination, 6-month interval and next due date. Below is the LOLER register template filled in for a care home’s hoists, stand aid, bath hoist, stairlift and slings. Download the Excel version, which works out the next-due dates and flags anything due within 30 days or overdue.

Frequently asked questions

How often do hoists and slings need a LOLER inspection in a care home?

A thorough examination by a competent person at least every 6 months, for the hoist and for each sling, unless a competent person has drawn up an examination scheme setting other intervals. Regulation 9(3)(a)(i) of LOLER 1998 sets 6 months for lifting equipment for lifting persons and for every accessory for lifting, and HSE's HSIS4 applies it to mobile, ceiling, bath and standing hoists, bath lifts, stair lifts, lifting platforms and slings.

Is a hoist sling a lifting accessory?

Yes. LOLER regulation 2(1) defines an accessory for lifting as lifting equipment for attaching loads to machinery for lifting, and HSE's HSIS4 lists slings as lifting accessories. Each sling therefore needs its own thorough examination at least every 6 months and its own report, separate from the hoist's.

How should slings be labelled?

HSE says slings must be uniquely identifiable so anyone using them can check they have been thoroughly examined. Manufacturers' serial numbers can fade with laundering. Writing on the label is fine, but HSE warns that permanent markers containing solvents such as xylene can weaken the fabric, and that labels should not be sewn on; an identifying label attached with a robust cable tie is acceptable.

Can care home staff carry out the LOLER thorough examination?

Possibly, for simpler and lower-risk devices and accessories, says HSE's HSIS4, if the person is competent: enough practical and theoretical knowledge and experience to detect defects and assess their importance. They should not normally be the person who maintains the equipment, should be able to act impartially, and the employer should consider independent verification of their work.

Does LOLER apply to hoists in a person's own home?

Not where the person bought the equipment for their own use, or a community equipment provider loaned it for use by the person, their family or unpaid carers: it is not work equipment (L113 paragraph 51; HSIS4). An employer whose carers use it still has to keep them safe, and may need to provide other equipment or make sure it is maintained.

Does CQC enforce LOLER?

No. LOLER is health and safety law, enforced by HSE or the local authority. CQC's Regulation 15 requires equipment used by a registered provider to be suitable, properly used and properly maintained, and CQC's guidance expects arrangements that meet current legislation and manufacturers' instructions. CQC cannot prosecute for a breach of Regulation 15 but can take regulatory action.

Related: asset register software, LOLER register template, LOLER due date checker, LOLER report template, what equipment LOLER applies to, LOLER inspection guide.