Fact Sheet 19b

Plant – Responsibilities of Employers (19b)

March 2007 

Introduction

The purpose of this fact sheet is to provide 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 Occupational Health and Safety (Safety Standards) Regulations 1994 (the OHS(Safety Standards) Regulations) which can be accessed at www.comlaw.gov.au

Fact sheet 19e has information on the responsibilities of employers hiring plant.

What items of plant require licensing?

Part 2 of Schedule 6 of the Regulations lists items of plant which cannot be operated without a licence. An employer’s responsibilities regarding licences to operate plant are set out in Division 8. While employers are not necessarily required to have a licence to operate plant if the plant is hired for less than 12 months, they must meet requirements under Regulation 4.40D. Fact sheet 19e has information on the responsibilities of employers hiring plant.

A New Licence to Operate Plant form is available on Comcare’s Plant Safety page.

What items of plant require registration or notification of plant design?

Part 1 of Schedule 6 of the Regulations lists items of plant which require registration or notification of design. An employer’s responsibilities regarding the registration, notification or alteration of plant design are set out in Regulations 4.49, 4.50, 4.51, 4.53 and 4.54. These Regulations only apply to an item of plant that is designed after the commencement of the Regulations on 1 July 1996.

If the plant item was manufactured after 1 July 1996 and proof can be provided that it was designed prior to this date, then design registration details do not need to be provided.

If plant was manufactured after 1 July 1996 and the item of plant has an existing design registration number issued by an Australian State or Territory occupational health and safety authority, Comcare must be notified of that registration using the application forms available on Comcare’s Plant Safety page as set out below:

• If plant requires a licence to operate, employers can notify Comcare of the design registration number when completing the Application Form: New Licence to Operate Plant.
• If plant does not requiring a licence to operate, employers can notify Comcare of the design registration number using the Application for Registration or Notification of Plant Design form.

If the plant was manufactured after 1 July 1996 and there is no evidence of design registration with any Australian State or Territory occupational health and safety authority an employer should:

• approach the Australian State or Territory occupational health and safety authority to design register and then notify Comcare, or
• apply to Comcare using the Application for Registration or Notification of Plant Design form.

If the plant design has been altered since registration, please contact the Plant Contact Officer on telephone: 1300 366 979 or email: ohs.plant@comcare.gov.au for further assistance.

What must employers do to manage plant risks?

Employers have a duty to undertake hazard identification, risk assessment and risk control measures for plant and the systems of work associated with the plant. Depending on the type of plant involved and the hazards present at a particular workplace, risk management may be anything from a basic to a more complex procedure.

The Regulations require that where an employer has identified a risk to health and safety in relation to plant and its associated systems of work, the employer must take all reasonably practicable steps to eliminate that risk.

Fact sheet 19d has a checklist for identifying plant hazards.

What sort of information, instruction, and training should employers provide?

If a hazard has been identified as a risk to health and safety, then an employer must ensure that employees, new, existing and those supervising other employees, are trained and have been provided with information and instruction on:

• the nature of the hazards and risk control measures
• processes for hazard identification, risk assessment and risk control
• the safe operation and maintenance of plant.

An employer must ensure the health and safety information is provided to anyone involved in:

• commissioning and installing plant
• testing, inspection and maintenance of plant
• de-commissioning, dismantling and disposal of plant.

Are certificates of competency necessary?

Some plant such as pressure equipment, cranes and hoists require users and operators to have an appropriate certificate of competency from a state or territory OHS authority. Employers must ensure that people working with such plant hold the required certification.

What types of records should be kept?

Regulation 4.19 requires an employer to keep records concerning relevant tests, maintenance and commissioning of:

• plant listed in column 2 of an item in Part 2 of Schedule 6 the design of which must be notified under regulation 4.50

• any of the following items of plant:

• plant in relation to which records are to be prepared on the basis of a risk assessment carried out in accordance with Part 4 of the Regulations.

Regulation 4.19 requires that the employer must give health and safety records to a person who purchases or otherwise acquires the plant from the employer, although it is a defence to any relevant prosecution that the plant is sold as scrap or as spare parts for other plant.

What are the duties of an employer when storing or disposing of plant?

Employers have a duty under the Regulations when disposing of plant containing materials that present a risk to the health and safety of employees, or when storing plant. In this case, the employer is required to take all reasonably practicable steps to ensure that storage and disposal is carried out by a competent person and in a manner that minimises any risk to the health and safety of employees.

If an employer disposes of plant to a non-Commonwealth organisation, the employer 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.

Fact sheet 19c has additional information on the general responsibilities of suppliers.

What are the duties of an employer to third parties in the workplace?

Under Section 17 of the Occupational Health and Safety Act 1991, employers have a responsibility to ensure that third parties, persons not employed by the employer, at or near a workplace under the employer’s control, are not exposed to risk to their health or safety arising from the conduct of the employer’s undertaking.

This means that if anyone visits the workplace to view, test or operate plant, with a view to tendering for, or purchasing the plant, then the employer has a responsibility to ensure that there is no risk to the health and safety of those visitors whilst at the workplace. The risks to third parties in the vicinity of the workplace should also be considered.

Employees of the employer involved in, or present, when the plant is being viewed, tested or operated, are protected by the duty of care obligations on the employer under Section 16 of the Act.

For further information

• See Part 4 - Plant, of the Occupational Health and Safety (Safety Standards) Regulations 1994 at www.comlaw.gov.au
• See the other fact sheets specifically related to plant on Comcare’s Plant Safety page
• Contact our OHS Hotline by phone on 1300 366 979 or by email at ohs.help@comcare.gov.au
• Visit our website at www.comcare.gov.au.