Health and Safety in Employment Act 1992

18A Duties of persons selling or supplying plant for use in place of work

• (1) A person who hires, leases, or loans to another person plant that can be used in a place of work must—

  • (a) ascertain from the other person (so far as is practicable) before hiring, leasing, or loaning the plant—

    • (i) whether the plant is to be used in a place of work; and

    • (ii) if so, the intended use of the plant; and

  • (b) if he or she ascertains that it is to be used in a place of work, take all practicable steps to ensure that the plant is designed and made, and has been maintained, so that it is safe for its intended use.

  (2) A person who sells or supplies (other than in a situation covered by subsection (1)) to another person plant that can be used in a place of work must take all practicable steps to ensure that the plant is designed and made, and has been maintained, so that it is safe for any known intended use or any use of that plant that the person could reasonably expect.

  (3) In addition to the other obligations in this section, if a person who hires, leases, sells, or otherwise supplies to another person plant to be used in a place of work agrees to install or arrange the plant, the person must take all practicable steps to install or arrange the plant so that it is safe for its intended use.

  (4) This section does not apply to the sale of plant, whether or not in trade, if the plant—

  • (a) is secondhand; and

  • (b) is sold as is.

  (5) In subsection (4)(b), as is means that the plant is sold without any representations or warranties about its quality, durability, or fitness, and with the entire risk in those respects to be borne by the buyer.

  (6) This section does not limit the Consumer Guarantees Act 1993.

  Section 18A: inserted, on 5 May 2003, by section 11 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).