The use of a vehicle-mounted elevating work platform without a trained operator constitutes a serious breach of working at height regulations. Many companies still take the risk of allowing uncertified employees to operate this equipment, exposing themselves to major legal risks: criminal sanctions, civil liabilities, administrative fines, and potentially being banned from practice.
Criminal Risks for Employers Using Platforms Without Training
In the event of an accident involving an operator without CACES certification on a vehicle-mounted elevating work platform, the employer's criminal liability is directly engaged:
- Article L4741-1 of the Labour Code: Fine of £10,000 per infringement and up to four months' imprisonment for repeat offences.
- Article 223-1 of the Penal Code: One year's imprisonment and a £15,000 fine for endangering others.
- Article 221-6 of the Penal Code: Up to 3 years' imprisonment and a £75,000 fine in the event of a fatal accident.
A simple inspection by the Labour Inspectorate can trigger a formal notice with a prohibition on using the equipment until the situation is rectified.
Civil Liability: Financial Consequences for Working at Height Companies
An accident caused by an untrained operator on a vehicle-mounted elevating work platform engages the company's liability for all damage caused.
The company will be responsible for:
- All medical expenses and compensation for the injured employee.
- Additional compensation in the event of recognised inexcusable fault.
- Damage caused to third parties (persons or property).
- A likely increase in insurance premiums.
Administrative Sanctions: Impact on Business Activity
By authorising the use of platforms by untrained personnel, the company exposes itself to:
- A formal notice from the Labour Inspectorate.
- Administrative fines for non-compliance.
- An increase in "Work Accident" contributions (up to +35% observed for an SME in 2021).
- Exclusion from public and private tenders.
Impact on Company Image
An accident with a vehicle-mounted elevating work platform can lead to:
- Loss of confidence from clients and principals.
- Reduced employer attractiveness.
- Unfavourable media coverage.
How to Comply with Elevating Work Platform Regulations
To use vehicle-mounted elevating work platforms legally, you must:
- CACES R486 Training for vehicle-mounted elevating work platforms
- Mandatory certification covering theory and practice
- Validity of 5 years for operators
- Issue internal operating authorisation
- Personalised document according to the operator and type of platform
- Maintain training records
- Regular skill refresher courses
What to Remember: Safety and Compliance, a Worthwhile Investment
Allowing an untrained employee to use a vehicle-mounted elevating work platform exposes your company to serious sanctions and disastrous financial consequences. CACES R486 training is not an option, but a legal obligation and a moral responsibility for any company using working at height equipment.
