In force2020 Revised Edition

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Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 4 · General Duties of Persons at Workplaces

17. Duties of persons who erect, install or modify machinery or equipment and persons in control of machinery for use at work

(1)

It is the duty of any person who erects, installs or modifies any machinery or equipment for use at work to ensure, so far as is reasonably practicable, that the machinery or equipment is erected, installed or modified in such a manner that it is safe, and without risk to health, when properly used.

(2)

The duty imposed on a person erecting, installing or modifying any machinery or equipment under subsection (1) applies only if the machinery or equipment is erected, installed or modified in the course of the person’s trade, business, profession or undertaking.

(3)

Any person required under subsection (1) to ensure that any machinery or equipment is erected, installed or modified in such a manner that it is safe, and without risk to health, when properly used is regarded as having complied with that subsection to the extent that —

(a)

the person ensured, so far as is reasonably practicable, that the erection, installation or modification was in accordance with the information supplied by the designer, manufacturer or supplier of the machinery or equipment regarding its erection, installation or modification; and

(b)

it is reasonable for the person to rely on that information.

(4)

Where any machinery moved by mechanical power is used in any workplace, then despite anything in this Act, it is the duty of the owner of the machinery to ensure —

(a)

so far as is reasonably practicable, that the machinery is maintained in a safe condition; and

(b)

that the precautions (if any) to be taken for the safe use of the machinery and the health hazards (if any) associated with the machinery are available to any person using the machinery.

(5)

Where the owner of any machinery moved by mechanical power has entered into a contract of hire or lease with a hirer or lessee, the duty imposed under subsection (4) applies to the hirer or lessee of the machinery instead of the owner.

(6)

Where the owner, hirer or lessee of any machinery moved by mechanical power has entered into a contract with another person to maintain the machinery, the duty under subsection (4)(a) applies to that other person instead of the owner, hirer or lessee of the machinery.

(7)

Subsections (1), (2) and (3) apply only to machinery or equipment specified in Part 1 of the Fifth Schedule.

Terms defined in this Act

at work
Defined · s 4
“at work” means —(a)in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his or her employer, wherever that work is carried out;(b)in relation to a self-employed person, all times when the person is performing work as a self-employed person, wherever the work is carried out; and(c)in any other case, all times when the person is performing work at the direction of the other person who engaged him or her, wherever the work is carried out;
Open s 4
machinery
Defined · s 4
“machinery” includes —(a)any oil engine, gas engine, steam engine, and any other machine in which mechanical movement, either linear or rotated or both, takes place;(b)any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver;(c)any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and(d)any electrical generator or electrical motor,but does not include any machinery used solely for the propulsion of vehicles;
Open s 4
maintain
Defined · s 4
“maintain” means maintain in an efficient state, in efficient working order and in good repair;
Open s 4
mechanical power
Defined · s 4
“mechanical power” means any energy derived from steam, water, wind, electricity, compressed air or gas, or the combustion of fuel or explosive, which is used to drive or work any machinery;
Open s 4
owner
Defined · s 4
“owner”, in relation to any premises, means —(a)the person for the time being receiving the rents or profits for the lease of the premises, whether on the person’s own account or as agent or trustee for any other person; or(b)the person who would so receive the rents or profits if the premises were leased;
Open s 4
workplace
Defined · s 5
“workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works, and includes a factory.(2) Subject to this section,
Open s 5