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Elevating work platforms - FAQ

Contents

  1. Introduction
  2. What do the regulations require?
  3. What has changed?
  4. What happens if I have the instructions that came with the EWP?
  5. What happens if I don't follow the instructions?
  6. How can I show that I have maintained the EWP properly?
  7. What happens if I can't find the instructions?
  8. Does the manufacturer/supplier have to provide me with the instructions?
  9. What happens when I sell the EWP?
  10. What happens if I don't have the instructions and the supplier can't help?
  11. What is an Australian Standard?
  12. What Australian Standards are applicable to EWPs?
  13. What do these Standards require fruitgrowers to do?
  14. What is the issue with the ten yearly service?
  15. Does this mean strip-down and nondestructive testing is required?
  16. What should I consider when purchasing a second-hand machine?
  17. What are those responsibilities?
  18. If a grower sells or trades in an older model EWP (e.g. a 1985 model), does it have to be upgraded to the current Australian Standard or the standard applying in 1985?
  19. Can a WorkSafe inspector order the owner of an older model EWP to upgrade it to the latest Australian Standard?
  20. Where can I get more information?

1. Introduction

Regulations came into effect on 3 October 2003 that affect the inspection, maintenance and operation of elevating work platforms. This information sheet sets out what the regulations mean and answers some of the most frequently asked questions.

2. What do the regulations require?

Where there is an elevating work platform (EWP) at a workplace, the person in charge of that workplace, must ensure that the EWP is maintained, inspected and operated:

  • in accordance with written instructions developed at the time of design or manufacture by the person who designed or manufactured the elevating work platform; or
  • if it's not practicable for the person in charge of the workplace to get those instructions, then in accordance with any written instructions approved by the Commissioner; or
  • if it's not practicable for that person to get either the manufacturer or designer's instructions or written instructions approved by the Commissioner, in accordance with the relevant Australian Standard.

3. What has changed?

Under the previous regulations the EWP had to be operated:

  • in accordance with the relevant Australian Standard; and
  • having regard to the instructions of the designer or manufacturer or a competent person.

The current regulations provide for a greater reliance on the instructions of the designer or manufacturer. The main change is that the reference to the Australian Standard, relates to the inspection and maintenance of the plant, not just the operation. However, the way the regulation is written means that the Australian Standard will only be used as the reference where either the manufacturer's, or supplier's instructions, or instructions approved by the Commissioner, are not available.

4. What happens if I have the instructions that came with the EWP?

If you have the instructions, you have to make sure you maintain, inspect and operate the EWP in accordance with those instructions.

5. What happens if I don't follow the instructions?

You could be in breach of the Occupational Safety and Health Act 1984 for failing to provide and maintain, workplaces, plant and systems of work so that, as far as practicable, employees or other people at the workplace are not exposed to hazards.

6. How can I show that I have maintained the EWP properly?

You are required under the Occupational Safety and Health Regulations 1996 to keep records of maintenance, inspection, commissioning or testing of plant, including EWPs, and of any alteration to that plant. Keeping of good records is a very effective way of demonstrating that you have complied with your duties under the Act in terms of maintaining a workplace free of hazards.

7. What happens if I can't find the instructions?

As a first step you should contact the manufacturer or supplier of the EWP to see if they can provide you with the instructions.

8. Does the manufacturer/supplier have to provide me with the instructions?

The person who supplied you the plant (whether it is a commercial or private sale) has a duty under the Occupational Safety and Health Regulations 1996 to provide you, (the person receiving the plant) with all available information required to enable the plant to be used safely and, where available, with any records kept by a previous owner of the plant.

9. What happens when I sell the EWP?

Unless the machine is being sold for scrap or spare parts, you are required to provide any records relating to safety and health (such as maintenance log books and manuals) to the new owner (or the dealer selling the machine on your behalf on trading it in).

There is also a requirement that a person who supplies plant through an intermediary must ensure the person is advised in writing of any fault (if any) and where applicable, that the plant is not to be used until a specified fault is rectified.

10. What happens if I don't have the instructions and the supplier can't help?

Owners of boomtype EWP that are used only in connection with commercial fruit growing will not have to comply with the requirements of the Australian Standard that relate to strip-down inspection and non-destructive testing provided they owned the machine as at the time the regulations come into effect and have owned it continuously since then.

To assist owners, the Western Australian Fruitgrowers' Association has developed a set of instructions that has been approved by the WorkSafe Commissioner.

11. What is an Australian Standard?

These are standards developed by an independent organisation called Standards Australia. It prepares and publishes voluntary technical and commercial standards which are sometimes (quite often in the case of plant) picked up in occupational safety and health regulations. Once a Standard, or part of a standard is referred to in a regulation, they are no longer voluntary and the Standard or relevant part of the Standard must be complied with.

12. What Australian Standards are applicable to EWPs?

AS/NZ2550.1 and AS/NZ1418.1 and parts of AS/NZ2550.10 and AS/NZ1418.10 are applicable.

13. What do these Standards require fruitgrowers to do?

The main areas of interest to fruitgrowers are covered by the following sections of AS/NZS 2550.10:

  • Section 10.1 Maintenance, Inspection and Repair
  • Section 10.2 Routine Maintenance; and
  • Section 10.4 Major Inspection

In simple terms the Standard stresses that routine maintenance should be carried out in accordance with the manufacturer's instructions unless it isn't possible to obtain those instructions or there are sound reasons for not following the manufacturer's instructions, in which case some alternatives are provided. It also talks about a preventive maintenance program which takes into account the working environment, the frequency and the severity of use of the EWP while in service and suggests that while the machine is in service, inspections should be carried out by a competent person at least every three months.

14. What is the issue with the ten yearly service?

It is important to note that in the Australian Standard, a major inspection is required after a maximum of ten years service and every five years thereafter. One of the areas of debate is whether or not ten years of service is the same as ten years of age. There is no absolute ruling in this area, however it should be interpreted having regard to things such as the working environment, frequency of use and the sorts of conditions the EWP has been operating in. Where there is considered a significant risk, a conservative interpretation should be used.

15. Does this mean strip-down and nondestructive testing is required?

Not necessarily. The Standard says that particular attention should be paid to areas such as "structural anomalies based on strip-down inspection and nondestructive examination" and incorporate as necessary "non-destructive examination of all critical areas for evidence of cracking, fatigue and excessive stress".

Where there has been a regular maintenance regime in place, including regular inspections by a competent person to check for signs of structural failure, this may satisfy requirements. An absolute ruling can't be given as it would depend on those factors mentioned above, such as the uses to which the EWP has been put, the severity and frequency of the operating conditions etc. A competent or experienced service technician should be able to provide guidance in this regard.

16. What should I consider when purchasing a second-hand machine?

There is nothing in the regulations that requires any party to carry out a major service as a condition of sale. However, any party selling or buying an older machine should satisfy themselves as to the condition of the machine, just as you would in buying a truck, car or other item of plant, bearing in mind that each party has responsibilities under the Occupational Safety and Health Act 1984 and associated regulations.

17. What are those responsibilities?

Each case is different and would depend on a number of factors. However in general terms, if a dealer was aware of defects in the machine that would expose people who install, maintain or use it to hazards, then they must, to the extent practicable, identify that hazard, assess the risk of injury or harm and consider whether the risk may be reduced. However the dealer could not be held responsible for matters outside their control. In determining the degree of control, account would be taken of what was practicable and reasonable.

A purchaser who buys the plant for use in a workplace has a duty to provide and maintain a working environment in which his employees are not exposed to hazards. This includes providing and maintaining plant so that, as far as practicable, his employees are not exposed to hazards.

It is quite possible for the duties under the Act to be shared or applicable to a number of parties.

18. If a grower sells or trades in an older model EWP (e.g. a 1985 model), does it have to be upgraded to the current Australian Standard or the standard applying in 1985?

There is nothing in the regulations that require an upgrade as a condition of sale. The practicality of upgrading the machine to the current standard should be considered, but the requirement is not absolute. A competent service technician or the manufacturer should be able to advise on the condition of the machine and whether any servicing or upgrading is required to enable it to be used safely.

19. Can a WorkSafe inspector order the owner of an older model EWP to upgrade it to the latest Australian Standard?

An inspector would only issue a notice requiring a machine to be upgraded if, in the opinion of the inspector, use of the machine would be likely to expose persons using or maintaining it to a hazard. In a practical sense, the inspector may issue a notice which refers to an Australian Standard in Schedule 1 of the Occupational Safety and Health Regulations 1996, however, it should be stressed that the Standard is not absolute. For instance, if an item of plant did not have adequate guarding, a notice may be issued. The action relates to the hazard, not the Standard.

20. Where can I get more information?

WorkSafe has a number of publications that provide general information on working safely with plant or on general duty of care responsibilities. Contact our publications officer on 9327 8775 or click on the 'Essentials' heading. While you're there, check out the 'First Step Guide' and other resources designed to help you make your workplace safer.  

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