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Gary Rowe

| July 16 2019

Can We Give Away Old Machinery?

Can We Give Away Old Machinery?

Yes, businesses can donate old machinery to other parties, including not-for-profit or charities, who would like to use the equipment as part of their operations.

However, there are legal and moral obligations for employers disposing of used plant or equipment, whether sold or given away.

In essence any business disposing of old plant or equipment becomes a “supplier of used or second-hand plant” under the plant safety regulations and has to satisfy the supplier requirements.

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; and
  • Give written notice of condition of the plant; and
  • Provide copies of any service records and user instructions; and
  • If there are faults to advise, if appropriate, that the plant should not be used until the faults are rectified.

 2. Plant to be Used for Scrap or Parts

Where the plant or equipment is to be used for scrap or parts the business must advise in writing (or by marking the plant), that the plant is being supplied for scrap or parts and is not to be used as plant.

 

If you would like to know the definition of plant or more information on this subject give us a call.

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