The Definition of Plant (19a)
The purpose of this Fact Sheet is to provide information about what items are referred to as "plant" in the Occupational Health and Safety Act 1991 (the OHS Act). It will assist employers to determine their responsibilities under the Act and the Occupational Health and Safety (Safety Standards) Regulations 1994 (the OHS (Safety Standards) Regulations) in relation to plant.
What is plant?
Plant is defined in the OHS Act as including "any machinery, equipment or tool, and any component thereof".
What items might be considered to be plant?
Plant is defined by section 5 of the OHS Act as ‘any machinery, equipment or tool, and any component thereof’. This is a broad definition covering a wide range of items, ranging from complex installations to portable equipment and tools. Comcare considers that plant may include:
- boilers and other pressure equipment
- power presses, packaging machines, shrink-wrap machines and de-palletisers
- trains, tractors and earthmoving machinery,
electrical generators - cranes, forklifts, hoists and elevated work platforms
- vehicles used for work purposes such as cars, trucks, motorcycles and bicycles
- industrial robots
- lasers
- scaffolds
- amusement structures
- ships or vessels
- hand tools (either powered or non-powered) including drills, hammers, saws
- computer equipment
- photocopiers
- fax machines
Note that some of the items above such as vehicles may be considered a workplace under the OHS Act.
How can employers determine their duties in relation to plant?
- Under Section 16 of OHS Act the employer must take all reasonably practicable steps to protect the health and safety at work of the employer’s employees.
- Employers also have a duty of care under section 17 of the OHS Act in relation to third parties, such as members of the general public, who are at or near a workplace under the employer’s control.
- Under Part 1 of the OHS (Safety Standards) Regulations an employer must conduct a risk assessment and implement risk control measures for the matters covered, for example Plant, in the OHS (Safety Standards) Regulations. Fact sheet 19d provides a checklist to assist employers and others in the workplace to identify many of the hazards arising from plant and associated systems of work. For information on risk management refer to Comcare’s publication Identifying hazards in the workplace (OHS10).
- Fact sheet 19b provides information about the responsibilities of employers regarding licensing, design registration or notification, use, disposal and other matters relating to plant. These duties are set out at Part 4 - Plant of the OHS (Safety Standards) Regulations.
- Fact sheet 19e has information on the responsibilities of employers hiring plant.
- Employers also need to be aware that Part 2 of the OHS (Safety Standards) Regulations provides information regarding the licensing of persons performing high risk work.
More information
Other fact sheets in this series
Additional fact sheets in this series on plant safety:
- 19b - Plant - Responsibilities of Employers
- 19c - Plant - Responsibilities of Suppliers
- 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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