Document ID: chunk:federal_register_of_legislation:F2016L00422:body:0:p15
Version: federal_register_of_legislation:F2016L00422
Segment Type: other
Provision Reference: 
Character Range: 35752–38564

plant
    * imports second hand plant for on-sale, and
    * auctions second-hand plant, excepting certain clearing sales (see below).
Suppliers' duties apply to suppliers that know, or should know, the plant is to be used in
a workplace.

Suppliers' duties apply to a person conducting a business or undertaking whether the sale
is a one-off sale or forms part of the business' day-to-day operations.

Duty to supply safe plant
Suppliers of second-hand plant must ensure, so far as is reasonably practicable, that the plant it without risks to the health and safety of persons who use it or may be exposed to it.

This includes, so far as is reasonably practicable, identifying any faults in the plant.

Suppliers of second-hand plant, other than scrap or spare parts, must give written notice to
a prospective buyer of:

    * the condition of the plant, including identified faults, if any, and
    * if appropriate, that the plant should not be used until the faults are rectified.
Suppliers of second-hand plant must also take all reasonable steps to obtain information about how to use the plant correctly and safely from the manufacturer or original supplier.

Suppliers of second-hand plant must give the buyer:

    * this information, and
    * all available records of the plant that were kept by the previous owner.
The information may include data sheets, test certificates, operations and service manuals, reports and a safety manual.

Out-dated or non-existent safety features of second-hand plant
Second-hand plant is more likely to have out-dated or missing safety features.

In these circumstances suppliers of second-hand plant must do what is reasonably practicable to supply equipment that is safe for use at work.

The degree of risk posed by the plant must be weighed up against the cost of implementing measures to minimise it. Suppliers of second-hand plant should consider:

    * if it is reasonably practicable to retrofit or modify the plant to improve its safety having regard to improvements to that type of plant since its manufacture, and
    * if not reasonably practicable—whether information needs to be given to the buyer about any relevant matters including the purpose for which the plant was designed or manufactured and any conditions necessary to ensure the plant is without risks to health and safety when properly used.

Buyers also have a duty to ensure the plant is safe and has all the required safety features before bringing it into service.

Adequate information to be provided about the condition of second-hand plant
Adequate information must be given to the buyer about the purpose for which the plant was designed or manufactured and any conditions necessary to ensure its safe use.

Apart from the manufacturer or original supplier—information about using