According to regulations, each individual that operates mobile equipment must be trained and certified prior to operating the equipment in the workplace. This applies to experienced operators, new or part-time employees and contractors.
Most North American regulatory authorities mandate that an operator be re-trained and certified every three years. Re-training and certification is also required when:
The act of being criminally negligent is knowing that the task(s) or operation(s) performed is unsafe or against the regulatory requirements. In other words, recklessly acting without reasonable caution and putting another person at risk of injury or death.
Taking all reasonable care to protect the well being of employees or co-workers.
As per regulations, each and every operator, prior to operating the equipment, must conduct a pre-operational inspection. The pre-use inspection must be documented and retained by the company for a minimum of one year. The equipment should not be used if any items on the pre-use inspection indicate that the equipment is in an unsafe condition or that the equipment is not operating as per the conditions of the manufacturer.
The only personnel that should attempt to modify or repair the equipment is a mechanic certified by the manufacturer. Before any attempts are made by the company, ensure that you have documentation from the manufacturer stating the company can repair/modify the equipment.