Definition of a supplier and a supplier's obligations
The term 'supply' includes (but is not restricted to) the sale, leasing or hiring of plant. A supplier can include an importer who supplies an item of plant, machinery or equipment, but does not include a manufacturer when supplying.
A supplier of new plant has an obligation to either:
- examine and test the plant or
- ensure the manufacturer has given an assurance that the plant has been examined and tested
to ensure it is safe and without risk to health when used properly.
A supplier of used plant has an obligation to:
- take all reasonable steps (this may include examining and testing) to ensure it is safe and without risk to health when used properly
A supplier of new and used plant must also ensure that the plant, machinery or equipment supplied is accompanied by information about the way the plant must be used to ensure health and safety (if it is available when plant is used plant or hired)
These obligations are stated in full in section 32B of the Workplace Health and Safety Act 1995 (PDF, 766 KB).
Practical advice to help suppliers meet these obligations is provided in meeting the obligations of a supplier and are stated in full in Part 3 of the Plant Code of Practice 2005. A supplier must do what the code says or adopt and follow another way that gives the same level of protection against the risk the code describes.
Lastly, suppliers of plant may have obligations under Part 2 and 5 of the Workplace Health and Safety Regulation 2008 regarding registration of plant and registrable plant design.
More on which plant needs registration
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