Second-hand machines: what WorkSafe NZ and the SafeWork NSW code list for buyers and sellers

This page reports what the official source says. It is not legal advice: ask the office named here.

Questions to put to a private seller of saws, ropes and trucks are in the buying used gear guide. This page adds only what the two regulators below set out for machines. Hire is covered in the hiring machines guide, recalls in the machine recalls guide. No prices and no makers are named.

New Zealand: the buyer's side

The WorkSafe New Zealand good practice guide on safe use of machinery, section 11.1, says the duties of suppliers do not apply to the sale of second-hand plant, or to second-hand plant sold "as is". It adds that a business buying second-hand machinery still has a duty to make sure the plant does not create risks for its workers.

The guide lists what a buyer does before taking on a used machine. It covers six points:

Suitability for the job, for example enough power.
The machine's history and previous use, and whether it is near the end of its life.
As much information as possible on specifications, use, characteristics and maintenance, from the seller or the manufacturer.
Where it will be used and whether the space or position creates risks for the operator or other workers.
Any guarding the machine has, whether it is built to a suitable standard and whether it will work in the operation.
Having it checked by a certified engineer.

New Zealand: imports with a CE mark

Section 11.2 of the same guide says the benchmark for machinery safety in New Zealand is AS/NZS 4024. It describes the CE mark as a mandatory mark for certain products sold on the European market, showing compliance with European Union directives. A machine built in Europe will generally meet New Zealand standards, the guide says, but a machine built elsewhere that uses CE certification may not. A CE mark therefore does not automatically mean the machine meets the specific legal requirements under the Health and Safety at Work Act 2015. To be certain an imported machine meets AS/NZS 4024, the guide recommends a check by a suitable competent person, such as a Chartered Professional Engineer, a Certified Machinery Safety Expert or a recognised accredited laboratory. It also says a business importing direct from overseas has the same duties as an importer.

New South Wales: the seller's side

The SafeWork NSW code of practice on managing the risks of plant says suppliers' duties apply whether plant is new, second-hand or hired out, with extra duties when it is second-hand (WHS Regulation clauses 198 to 200 and section 25 of the WHS Act). Its examples of suppliers of second-hand plant are a business that sells at a retail outlet or sells its own used plant directly, one that imports second-hand plant for on-sale, and one that auctions it. The code says the duties apply whether the sale is a one-off or part of day-to-day business.

The code says a supplier of second-hand plant must, so far as is reasonably practicable, identify any faults. Before supply, it must give the buyer written notice of the condition of the plant, of any faults found, and, if appropriate, that the plant should not be used until the faults are rectified. The supplier must also take all reasonable steps to get information on correct and safe use from the manufacturer or original supplier, and give the buyer that information and all available records kept by the previous owner. The code says this may include data sheets, test certificates, operation and service manuals, reports and a safety manual.

On old machines, the code says second-hand plant is more likely to have out-dated or missing safety features. It says the supplier should consider whether it is reasonably practicable to retrofit or modify the plant, having regard to improvements to that type of plant since it was made. It says information about condition may come from the previous owner or from a competent person engaged to assess the plant.

The code says an agent such as an auctioneer who does not take control of the supply and has no authority over it is not a supplier. In a clearing sale of that kind, the duties fall on the seller.

United Kingdom: the CE mark line

The HSE brief guide to the Provision and Use of Work Equipment Regulations 1998 (INDG291) says that when an employer chooses a machine for the job, new machines should be CE marked and come with a Declaration of Conformity and instructions in English. It lists the Supply of Machinery (Safety) Regulations 2008, as amended, among the other laws that may apply, saying they require machinery to be safe when supplied, to come with a Declaration of Conformity and English instructions, and to be CE marked. The guide says the supplier must provide the right safeguards and tell buyers about residual risks. The pages read do not set out separate steps for a private sale of a used machine, and the HSE says on its guide that it covers what an employer needs to do to protect employees.

Side by side

Point	New Zealand (WorkSafe)	New South Wales (SafeWork NSW code)
Supplier duties on a second-hand sale	Do not apply, including "as is" sales	Apply, with extra duties for second-hand plant
Written notice of condition and faults	Not published	Required before supply
Records from the previous owner	Buyer's side: as much information as possible, from the seller or manufacturer	Supplier must give all available records
Outside check	Certified engineer for second-hand; competent person for CE-marked imports	Competent person may be engaged to assess the plant
CE mark	Does not automatically mean the machine meets New Zealand law	Not published

Canada and the United States are not covered here: no regulator page on second-hand machine sales was read for this page. For the United Kingdom, the HSE guide quoted above speaks of new machines only, so it has no column in the table.

Credit

HSE text is adapted under the Open Government Licence v3.0. SafeWork NSW text is adapted under Creative Commons Attribution 4.0. The WorkSafe New Zealand guide is described in our own words.