Can We Give Away old Equipment?
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.
ADDITIONAL INFORMATION
Vic OHS Regulations
Reg. 90 Information to be given with used plant.
Supplier of used plant to also give the new owner, where in their possession:
Manufacturer’s Information
Information that the manufacturer is required to give to the supplier eg specifications and user and maintenance manual per OHS Act S.29 & Reg. 86; and
Records kept by previous owner eg service and maintenance records.
Where Manufacturer’s Information is Not Available
If owner does not possess the information or records above they must in writing inform the new owner that the plant is being supplied without the information and should not be used as plant without the information.
Reg.91 Information to be Given with Items Supplies as Scrap
Supplier to inform the receiver in writing at time of supply that the plant is intended for use as scrap material.
Penalty: 9,000 penalty units for company and 1,800 penalty units for individuals per S.30 and OHS Regs 90 & 91
Model WHS Regulations
Reg. 199 Supply of Second-Hand Plant - Duties of Supplier
Supplier to identify any faults
Give written notice to new owner of:
Condition of plant; and
Any faults identifies (per (1) above); and
If appropriate, that the plant is not to be used until the faults are rectified.
Penalty: $30,000 body corporate of $6,000 individuals.
Reg 200 Second-Hand Plant for Scrap or Spare Parts
Supplier to inform new owner in writing, or by marking the plant, that the plant supplied is for scrap or spare parts and the plant in its current form is not to be used as a plant.
Penalty: $18,000 body corporate or $3,600 individuals.
If you would like a checklist for the sale of a second-hand plant then email us or call on 03 8544 4300.
