Hi all.

I have a few questions on the legalities of using forklift trucks, or any lifting equipment, without a current and in date Thorough Examination – specifically in relation to the actual forklift operators responsibilities.

I have read plenty of articles and HSE publication about Thorough Examinations.

I am also familiar with LOLER 1998 and PUWER 1998.

I am also familiar with the ambiguous interpretations that can be gained through reading the HASAW etc Act 1974 - 'Duty of care' and 'Reasonably Practicable' etc.

But most of the regulations and legislation that talk specifically about Thorough Examination refers to the EMPLOYER RESPONSIBILITIES and talks very little about the Employees responsibilities in regards to Thorough examinations.

I understand that it is an Employer’s responsibility to ensure that a Thorough Examination is carried out on a forklift truck (e.g. on a Pallet Stacker, Counterbalance and Reach Truck etc) but I need clarification on the ‘Employee’ or ‘Forklift Operators’ responsibilities in relation to equipment that requires a Thorough Examination and how a forklift operator stands from an obligatory and legal perspective:-

1. Is it illegal for an operator to use a forklift truck that does not have a current in date Thorough examination? If so, what regulation or legislation does it fall under?

2. Do the legal implications of the Thorough Examination fall solely at the feet of the supplier/employer or does a legal responsibility also fall onto the actual user or forklift truck operator?

3. Does a forklift operator need to be made aware of the Thorough Examination during a basic operator training course and what information would you suggest they need to be told about the Thorough Examination?

4. I understand that a forklift operator needs to conduct a pre-use or pre-shift inspection prior to using his/her equipment but does a forklift truck operator have any legal obligation to further check to ensure that the forklift truck they are about to use also has an in date Thorough Examination? If so, what regulation or legislation does this obligation fall under?

5. Can a forklift operator simply rely upon his/her pre-use or pre-shift inspection to be satisfied about the condition of the forklift truck and then use it if they believe it to be safe, even without a Thorough Examination being in date?

6. Can a forklift operator be held personally responsible and be prosecuted if found to be using a forklift truck that does not have a Thorough Examination?

7. If a forklift operator is indeed responsible for knowing if a Thorough Examination is in date or could be liable to prosecution for using his/her equipment illegally, what would you suggest or recommend would be the best way to ensure that a forklift operator is satisfied or made aware that a current Thorough Examination of their forklift truck is in date?

I have obviously sought clarification direct from the HSE and have yet to receive a response so i would very much appreciate any information or input that your members can provide in determining or clarifying the above questions.

Thank you all in advance