Exemption of Hired Plant from Licensing (19e)
The purpose of this fact sheet is to clarify the conditions for exemption of employers from licensing hired plant.
The plant referred to is plant mentioned in Part 2 of Schedule 6 of the Occupational Health and Safety (Safety Standards) Regulations (the OHS(Safety Standards) Regulations).
What responsibilities do suppliers have when hiring or leasing plant to employers?
A supplier who hires or leases plant mentioned in Part 2 of Schedule 6 of the OHS(Safety Standards) Regulations and that is registered by a State or Territory authority in which the supplier operates, must take all reasonably practicable steps to ensure that:
- the plant is inspected and maintained in accordance with the law of the Sate or Territory in which the supplier operates
- the plant is inspected and maintained between each hire or leasing to identify and, if necessary, minimise any risk to health and safety of employees from the use of the plant at work
- records of the inspection and maintenance of plant are kept for at least 12 months after the end of each hire or lease period for the plant
- records of the registration of the plant are kept for at least 12 months after the date of registration
If a supplier hires or leases this plant to an employer, being plant that the supplier knows, or ought to know, will be used by employees at work, the supplier must take all reasonably practicable steps to ensure that the employer is given the evidence mentioned in paragraph 4.40A(b) in relation to the plant.
Please refer to Regulation 4.07A and Regulation 4.07B at www.comlaw.gov.au
Does an employer have to obtain a licence for hired or leased plant?
An employer does not have to obtain a licence for hired plant mentioned in Part 2 of Schedule 6 of the Regulations that is hired by the employer for less than 12 months, which the employer inspects before hiring, and if the employer obtains evidence from the supplier that:
- the item of plant and the plant design are registered, and comply, with a law of the State or Territory in which the supplier operates
- the item of plant will be registered for the period of hire
- the plant has been inspected and maintained in accordance with the requirements of the law of the State or Territory
Please refer to Regulation 4.40A Exemption from licensing – hire of plant for less than 12 months.
What general responsibilities do employers have when hiring plant?
For general duties of employers in relation to employees see Section 16 of the Occupational Health and Safety Act 1991 at www.comlaw.gov.au which requires employers to take all reasonably practicable steps to protect the health and safety of their employees at work.
More information
Other fact sheets in this series
Additional fact sheets in this series on plant safety:
- 19a - The Definition of Plant
- 19b - Plant - Responsibilities of Employers
- 19c - Plant - Responsibilities of Suppliers
- 19d - Checklist to Identify Plant Hazards
- 19f - Safe Use of Lifts
Government authorities
Safe Work Australia:
- contact by phone: 02 6121-5317 or
- visit www.safeworkaustralia.gov.au
Contact Comcare
For further information, contact Comcare's Hotline:
- by phone on 1300 366 979
- by email at ohs.plant@comcare.gov.au
Contact:
Phone: