A Victorian construction company has been fined for allowing un-licenced workers to operate a boom type elevating work platform. The Company was the principal contractor for the construction of a service station, when it engaged a second company to supply and install roof plumbing works to the service station canopy.

The roof plumber engaged two workers to assist in the roofing works and used two 18.3 metre boom type elevated work platforms that the Company had hired for use at the workplace. The company maintained management and control of the elevated work platforms at all relevant times.

A VWA inspector observed the two workers operating the elevated work platforms, and when the inspector asked to see their high risk work licenses to operate the plant, they informed him that they were unlicensed.

The Company had a safe work method statement (‘SWMS’) that applied to operation of elevated work platforms stating that unlicensed persons should never operate EWPs. The Company failed to ensure, in accordance with regulation 3.6.1 and Schedule 3 of the Occupational Health and Safety Regulations 2007, as well as its own SWMS, that only operators with a current high risk work licence to operate boom-type EWPs (boom length greater than 11 metres) were provided with access to the EWPs under its management and control.

The defendant pleaded guilty and was, without conviction, sentenced to pay a fine of $3,500 and to pay costs of $3,317.