Your obligations when selling machinery at clearing sales

We often get questions around safety obligations when selling machinery at clearing sales. That’s because it can be confusing to understand all of the Work Health and Safety Legislation at play – and which party is responsible for ensuring obligations are met.

There’s a common misconception that the responsibility for ensuring machines are safe lies with the purchaser of the equipment. But that’s not the case – all parties have responsibilities.

In a nutshell, whenever you sell machinery at a clearing sale, you are considered a ‘supplier’ – and you have specific obligations under WHS law.

What does the legislation say?

The mandatory requirements when selling second hand plant at clearing sales are:

Work Health & Safety Regulation 2017 – Section 199 Supply of second-hand plant – duties of supplier:

1. A supplier of second-hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are Identified.

2. A supplier of second-hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice:

   • of the condition of the plant; and

   • of any faults identified under subsection (1); and

   • if appropriate, that the plant should not be used until the faults are rectified.

If you’re in Victoria, refer to Occupational Health and Safety Regulations 2017 – Regulation 90, Information to be given – used plant. 

If in Western Australia refer to Occupational Safety and Health Regulations 1996 – Regulation 4.33, Supplier of plant.

The most practical way to meet obligations in all of these jurisdictions is to undertake a thorough plant risk assessment on the equipment for sale, and provide it to the purchaser.

That’s where we come in

You can use Plant Assessor to perform a comprehensive risk assessment process across all items of plant to be sold. But we understand that you may not have the time.

Since 2004, Plant Assessor has helped hundreds of agents and vendors meet their legislative obligations relating to the sale of plant and equipment at clearing sales.

We can help with a simple 5 step process that not only takes the hard work out – but also ensures you’re meeting your legal requirements. Here’s how it works:

1. Agent or vendor sends us a list of items being sold

2. We analyse the list and identify plant vs not-plant items for sale

3. We provide a cost estimate 

4. If agreed, we’ll attend the site and::

   • conduct inspections using our unrivalled risk-assessment software

   • Identify and correctly label items to be sold as parts or scrap

   • Provide information safety sheets for small plant

   • Provide printed reports for the purchaser

5. Agent or vendor conducts the sale, providing necessary risk assessment reports. A digital report is available at any time.

For full details on our Professional Services and for more information on your obligations when selling plant at clearing sales, download our guide.

Call in the experts

We’re standing by to discuss your needs. Give us a call on 1300 728 852 or drop us an email at info@assessor.com.au