These two sets of wide ranging health and safety regulations came into force on 5th December 1998. The Provision and Use of Work Equipment Regulations 1998 (PUWER 98) covers equipment ranging from power presses and lift trucks to photocopiers and hand tools. The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) requires equipment used for lifting or lowering loads at work to be of adequate strength and stability and makes provision generally about use of such equipment.

The Provision and Use of Work Equipment Regulations 1998 impose strict liability on an employer to keep work equipment in good repair (see for example Jakto Transport Ltd v Derek Hall Court of Appeal on 9th Nov 2005, [2005] EWCA Civ 1327). However this is not the same as "absolute" or "no fault" liability (see Allison v London Underground Ltd CA 2008 IRLR 440).

A person who is not the employer of an injured employee does not have "control" of work equipment for purposes of the 1998 Regulations just because the equipment happens to be in a building it owns ( Mason v Satelcom Ltd & anor (East Potential Ltd & ors) CA 2008 ICR 971)

go to next updated reference in this note.

The Health & Safety Executive (HSE) has published two free leaflets on the regulations, a 'Simple guide to the Provision and Use of Work Equipment Regulations 1998' (INDG29 ) and a 'Simple Guide to the Lifting Operations and Lifting Equipment Regulations 1998' (INDG290). Both leaflets are available from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS (tel: 01787 881165)

See also notes at Health and Safety at work/addresses & tel nos and on R v DPP ex p. Timothy Jones 2000 IRLR 373 (QBD Divisional Court, 23rd March 2000).