Plant - Responsibilities of Suppliers (19c)
The purpose of this fact sheet is to provide information about the responsibilities of suppliers.
If your organisation sells or otherwise disposes of plant, it becomes a ‘supplier’ and as a result, has special responsibilities under both the Occupational Health and Safety Act 1991 (the Act) and Part 4 – Plant of the Occupational Health and Safety (Safety Standards) Regulations 1994 (the OHS (Safety Standards) Regulations) at www.comlaw.gov.au.
If a Commonwealth employer disposes of plant to a non-Commonwealth organisation, it may also be considered to be a supplier and have responsibilities under relevant state law. Employers are advised to contact the relevant state or territory OHS authority on this matter.
What are the duties of suppliers under the Act?
Section 19 of the Act describes the responsibilities of a supplier, of plant or substance, where the supplier ought reasonably to expect that it will be used by employees at work. The responsibilities of the supplier are the same when supplying or disposing of plant or substances. These are to:
- ensure the plant is in such a condition that, when properly used, it is safe for employees and without risk to their health
- carry out research, testing and examination necessary in order to discover, and eliminate or minimise, any risks to the health or safety of employees that may arise from the condition of the plant
- provide adequate information to the purchaser in relation to the use of the plant, its condition, risks to health and safety, steps to be taken to eliminate the risks, and in the case of a substance, the first aid and medical procedures in the event of an injury
What are the duties of suppliers under the Regulations?
Suppliers have a duty to undertake hazard identification and risk assessment measures for plant and the systems of work associated with the plant.
Regulation 4.07 requires that where a supplier has identified a risk to health and safety in relation to plant and its associated systems of work, the supplier must take all reasonably practicable steps to eliminate that risk. If elimination of risk is not reasonably practicable, then the supplier must minimise it.
If the supplier intends that the plant is to be used for scrap or spare parts then, under regulation 4.07, it must inform the employer, in writing or by marking the plant, of:
- the purpose for which the plant may be safely used
- that the plant must not be placed in service in the form in which it is supplied
Regulation 4.08 has information on the responsibilities of a supplier of used plant. The supplier must take all reasonably practicable steps to ensure that any previous owner’s records which had been kept for the purposes of the Regulations are made available to the employer.
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
- 19d - Checklists to identify Plant Hazards
- 19e - Exemption of Hired Plant from Licensing
- 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
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