Health and Safety at Work Act 2015

42 Duty of PCBU who supplies plant, substances, or structures

(1)

This section applies to a PCBU (a supplier) who conducts a business or undertaking that supplies—

(a)

plant that is to be used, or could reasonably be expected to be used, as or at a workplace; or

(b)

a substance that is to be used, or could reasonably be expected to be used, at a workplace; or

(c)

a structure that is to be used, or could reasonably be expected to be used, as or at a workplace.

(2)

The supplier must, so far as is reasonably practicable, ensure that the plant, substance, or structure is without risks to the health and safety of persons—

(a)

who, at a workplace, use the plant, substance, or structure for a purpose for which it was designed or manufactured; or

(b)

who handle the substance at a workplace; or

(c)

who store the plant or substance at a workplace; or

(d)

who construct the structure at a workplace; or

(e)

who carry out any reasonably foreseeable activity (such as inspection, cleaning, maintenance, or repair) at a workplace in relation to—

(i)

the assembly or use of the plant for a purpose for which it was designed or manufactured, or the proper storage, decommissioning, dismantling, or disposal of the plant; or

(ii)

the use of the substance for a purpose for which it was designed or manufactured, or the proper handling, storage, or disposal of the substance; or

(iii)

the assembly or use of the structure for a purpose for which it was designed or manufactured, or the proper demolition or disposal of the structure; or

(f)

who are at or in the vicinity of a workplace and who are exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (e).

(3)

The supplier must—

(a)

carry out, or arrange the carrying out of, any calculation, analysis, testing, or examination that may be necessary for the performance of the duty imposed by subsection (2); or

(b)

ensure that the calculation, analysis, testing, or examination has been carried out.

(4)

The supplier must give to each person to whom the supplier supplies the plant, substance, or structure adequate information concerning—

(a)

each purpose for which the plant, substance, or structure was designed or manufactured; and

(b)

the results of any calculations, analysis, testing, or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and

(c)

any conditions necessary to ensure that the plant, substance, or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).

(5)

The supplier must, on request, make reasonable efforts to give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e).

(6)

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.

(7)

In subsection (6)(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.

Compare: 1992 No 96 s 18A(4), (5); Model Work Health and Safety Act (Aust) s 25