7. Who is responsible for making sure that a fork lift truck has a current Report of Thorough Examination?
In simple terms it is the employer of the operator who has this responsibility. Under Health and Safety legislation the employer has a duty of care – “It shall be the duty of every employer to ensure, as far as is reasonably practical, the health, safety and welfare at work of all his employees”. The employer must ensure that the fork lift trucks that his/her operators use are safe. This is achieved through the implementation of a programme of Thorough Examinations. (It should be remembered that Thorough Examinations run alongside necessary maintenance procedures and checks, not in place of them.)

Where the employer is the owner of the fork lift truck this duty is clear. The employer must make arrangements for every fork lift truck to be Thoroughly Examined on a regular basis, at least once per year. (The actual frequency will be determined by the Competent Person.)

If the employer is not the owner of the truck but leases the truck, or rents it on a long term basis, usually 12 months or more, the responsibility is the same as though the trucks were owned by the employer.

If a fork lift truck is provided on a short term contract, a contract of less than 12 months, then the owner of the truck, the rental company, is responsible for arranging the Thorough Examination. However, the employer must still satisfy himself that such an examination has been conducted at an appropriate time. This can be achieved by insisting that a copy of the current Report of Thorough Examination is provided with other rental documentation