Can We Give Away Old Equipment?
Businesses can provide old machinery to other parties, including for free to not-for-profit organisations or charities who would like to use the equipment as part of their operations. However, there are moral and legal obligations for businesses planning to dispose of used plant or equipment, whether sold or given away.
In essence, any business disposing of plant or equipment become the “supplier” of the second-hand plant under the plant safety regulations and have to satisfy the supplier duties.
The key requirements for suppliers of second-hand plant include:
1. Plant Intended to be Used
Where it is intended that the second-hand plant or equipment is to be used by the new owner, the business disposing of the item is to:
Identify any faults eg conduct a risk assessment (RA); and
Give written notice of condition of the plant eg copy of RA; and
Provide copy of any service records and user instructions eg manual; and
If there are faults to advise, if appropriate, that the equipment should not be used until the faults are rectified.
2. Plant Disposed of for Scrap or Parts
Where the plant is intended for scrap or parts eg old, redundant or beyond repair, the business must advise in writing, or by durably marking the plant, that the plant is being supplied for scrap or parts and is not to be used as plant.
Case Study - Donating Scissor Lift to School
In December last year a Queensland business was prosecuted and fined $40,000 for donating an unsafe scissor lift to a local school.
After an accident, where the scissor over-turned causing fatal injuries to a school maintenance worker, the scissor lift was found to be faulty including the speed limiting device being disabled with tape.
Even though they provided the scissor lift in good faith for no charge, they failed to arrange a safety inspection (risk assessment) prior to supplying it to the school.
Call 03 8544 4300 or email us for a summary of the case study, or the relevant Vic OHS & WHS plant regulations on this topic.
