There is no such thing as a plant operator’s licence

A short legal briefing for the moment an operator’s paperwork is challenged at the gate.

The legal position

No UK government body issues a licence to operate plant, and no statute requires one.

The legal duty sits with the employer. The Health and Safety at Work etc. Act 1974, section 2(2)(c), requires an employer to provide the information, instruction, training and supervision necessary to protect employees. The Provision and Use of Work Equipment Regulations 1998, regulation 9, requires that anyone using work equipment has received adequate training in how to use it, the risks involved and the precautions to take.

This training is structured operator training with formal theory and practical assessment, which the employer can rely on as evidence when meeting that duty. Sites may set their own entry requirements, and the operator should check with the site before attending.

By machine

Telescopic handler

ACOP L117 and LOLER 1998 where it lifts

Reach truck

ACOP L117 and LOLER 1998 where it lifts

MEWP: scissor (3a)

Work at Height Regulations 2005 and LOLER 1998

MEWP: boom (3b)

Work at Height Regulations 2005 and LOLER 1998

Dumper

ROPS, seat belt and PUWER 1998

Roller

ROPS, seat belt and whole-body vibration under the 2005 Vibration Regulations

360 excavator

ACOP L22 and LOLER 1998 where it lifts, quick hitch and exclusion zone

180 excavator (backhoe loader)

ACOP L22 and LOLER 1998 where it lifts, HSG144 as it travels on the road

Lorry loader

ACOP L113 and LOLER 1998, stabilisers and overhead lines from the highway

Abrasive wheels

The exception: training to mount a wheel is required by regulation

Counterbalance forklift

ACOP L117 and LOLER 1998 where it lifts

Rough terrain forklift

ACOP L117 and LOLER 1998 where it lifts

Slinger and signaller

ACOP L113 and LOLER 1998, lift planning and the signal system

These pages are written for site managers, foremen and health and safety officers who need the legal background in the time it takes to read a phone screen at the gate. They set out the general legal position and are not legal advice.