What are the penalties for not having a LOLER inspection?
There's no fixed fine for a missed LOLER inspection. Not having the thorough examination breaks the law even if no one is hurt, and HSE can give advice, charge for its time, serve a notice or prosecute. A court can set an unlimited fine, based on the risk created and the company's turnover, and individuals can be given a custodial sentence.
I'd rather tell you what actually happens than frighten you with the biggest figure I can find. Most overdue examinations never get anywhere near a court. But the penalties are real, they can be large, and it helps to know how they work.
What counts as breaking the law?
LOLER Regulation 9 says lifting equipment has to be thoroughly examined at least every 6 months if it lifts people, or is a lifting accessory such as a sling, chain or shackle, and at least every 12 months for other lifting equipment. Or at the intervals in a written examination scheme drawn up by a competent person.
Go past the date and it's a breach. That's true on the day nothing happens. The Sentencing Council, which sets the guidance courts follow, says health and safety offences "do not require proof that the offence caused any actual harm", and that the offence is "creating a risk of harm". A missing examination creates a risk, because no one has checked whether the equipment is safe.
What can HSE do?
It works as a ladder. Not every case goes to the top.
Step | What it means | What it costs you |
Advice | An inspector visits and tells you what to put right | Nothing. HSE says advice, verbal or written, is free |
Material breach | The inspector thinks you're breaking the law seriously enough to write to you formally | HSE charges for its time under Fee for Intervention, at £188 an hour from 1 April 2026 |
Improvement notice | You have to put it right by a set date | The cost of the examination and any repairs, plus the HSE fee |
Prohibition notice | You have to stop using the equipment now, until it's put right | The cost of the downtime, plus the examination and the HSE fee |
Prosecution | The company, and sometimes individuals, are taken to court | An unlimited fine, plus costs. Individuals can be given a custodial sentence |
That fourth row is the one that catches businesses out - A prohibition notice on a lift, a forklift or a crane stops the work, not just the paperwork.
How does a court decide the fine?
There's no upper limit. The Sentencing Council's guideline for organisations says the offence is triable either way, with an unlimited fine. What the court does is work through a set of steps:
Culpability. How far below the standard did you fall, from deliberate or flagrant disregard of the law, down to low?
Harm. How serious was the harm that could have happened, and how likely was it? The court also looks at whether many people were put at risk and whether actual harm was caused.
Turnover. The size of the organisation sets the table the court starts from: micro (up to £2 million turnover), small (£2 to £10 million), medium (£10 to £50 million) and large (£50 million and over).
Stepping back. The court then checks the fine is proportionate and has a real economic effect, and can move it up or down, including outside the range.
For the top harm category (category 1), here are the starting points, with the range in brackets:
Turnover | High culpability | Low culpability |
Micro (up to £2m) | £160,000 (£100,000 to £250,000) | £30,000 (£18,000 to £60,000) |
Small (£2m to £10m) | £250,000 (£170,000 to £1m) | £45,000 (£25,000 to £130,000) |
Medium (£10m to £50m) | £950,000 (£600,000 to £2.5m) | £130,000 (£75,000 to £300,000) |
Large (£50m and over) | £2.4m (£1.5m to £6m) | £300,000 (£180,000 to £700,000) |
Those are the highest-harm cases. Lower harm categories start much lower. For example, a large organisation with low culpability in category 4 starts at £10,000. And a guilty plea brings the fine down. So please don't read the table as a price list. It shows how the scale works, and why a small firm's fine can still be a serious number.
Can individuals be punished too?
Yes. For individuals, the Sentencing Council guideline gives a maximum of 2 years' custody for the offence. Directors and managers can be prosecuted personally where the company's offence happened with their consent or connivance, or through their neglect (Health and Safety at Work Act, section 37).
What does that look like in real cases?
Here are two LOLER cases from October 2026, both in HSE press releases.
Company | What went wrong | Outcome |
Wedge Group Galvanizing Ltd, Crediton, Devon | A lifting chain carrying a nearly 3-tonne steel beam failed and the beam fell into a bath of molten zinc, causing a worker 40% burns. The chains showed damage and hadn't been withdrawn, hadn't had their mandatory regular inspection, and the sling arrangement was wrong | £566,666 fine and £15,521 costs, Bristol Magistrates' Court, 14 October 2026. The company pleaded guilty to breaching section 3(1) of the Health and Safety at Work Act |
E H Hassell & Sons Ltd, Trentham, Staffordshire | A forklift lift to unload a one-tonne hopper wasn't planned by a competent person. The hopper slid off the forks and struck a worker, fracturing his skull, neck and spine | £300,000 fine and £5,690 costs, Birmingham Magistrates' Court, 23 October 2026. The company pleaded guilty to breaching LOLER Regulation 8(1) |
The first one is the closest to this question. The chains hadn't had the inspection the law asks for every 6 months, and they showed damage and deterioration, which is the kind of thing an examination and daily checks are there to catch. For more cases, including a lift one, read why regular LOLER and PUWER inspections matter.
What about insurance?
Many liability and engineering policies expect statutory examinations to be kept up to date. After a claim, an insurer's first question is often to see the examination reports. I can't tell you what your policy says, so check the wording, and ask your broker if equipment has gone overdue.
What should you do if an examination is overdue?
Don't use the equipment until it's been examined. Book it in, and keep a note of the date it was booked and when it was done. If you want the step-by-step, read what to do if your LOLER inspection is overdue.
Booking ahead avoids all of this. A fixed-price examination, with a reminder before it's due, keeps you on the right side of the date. You can see what drives our price in what a LOLER inspection costs.
Independent LOLER examinations across the East Midlands
We carry out LOLER thorough examinations on lifts, hoists, forklifts, telehandlers, MEWPs, vehicle lifts, cranes and lifting accessories. We cover Nottingham, Derby, Leicester, and the Midlands, and we also travel anywhere in the UK.
Every examination is carried out and signed by me, Ryan Leavesley MSOE MBES, an engineer surveyor with 14 years' experience. Reports are written on site before I leave, with photos of anything that needs fixing. We don't sell, hire, service or repair equipment, and we contact you before each examination falls due. Once we've agreed a price, it stays fixed for all your ongoing examinations.
Not sure what's overdue? Send us a list of your equipment and we'll come back with a fixed quote.
FAQs
What is the penalty for not having a LOLER inspection?
There's no fixed penalty. HSE can give advice, charge for its time, serve an improvement or prohibition notice, or prosecute. A court can set an unlimited fine, and individuals can face a custodial sentence. The outcome depends on the risk created and the size of the business.
Can I be prosecuted if no one has been hurt?
Yes. The Sentencing Council says health and safety offences don't require proof that anyone was actually harmed, because the offence is creating a risk of harm. A missed examination creates a risk because no one has checked the equipment is safe.
How much does HSE charge if my inspection is overdue?
If an inspector finds a material breach and writes to you formally, HSE charges £188 an hour for its time under Fee for Intervention, from 1 April 2026. If the inspector only gives advice, there's no charge.
What is the maximum fine for breaking LOLER?
There isn't one. The Sentencing Council guideline for organisations says the offence is triable either way with an unlimited fine. Courts start from a figure based on the harm risked, how far below the standard the business fell, and its turnover.
Can directors go to prison for missed LOLER inspections?
Individuals can be given a custodial sentence, with a maximum of 2 years under the Sentencing Council guideline. Directors can be prosecuted personally where the company's offence happened with their consent or connivance, or through their neglect.
What's the difference between an improvement notice and a prohibition notice?
An improvement notice gives you a set date to put something right. A prohibition notice stops you using the equipment straight away until it's been put right. On lifting equipment, a prohibition notice stops the work.
Will my insurance still pay out if my equipment wasn't examined?
It depends on the policy. Many liability and engineering policies expect statutory examinations to be kept up to date, and an insurer's first request after a claim is often the examination reports. Check your wording, and ask your insurer or broker.
What should I do if my LOLER examination is overdue?
Stop using the equipment until it's been examined, book an examination straight away and keep a record of the date. A competent person has to carry it out and write a report of thorough examination.
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