Division 3 Hiring or leasing plant

Note. Clause 120 (1) and (2) applies this Division to plant for use at work, plant affecting public safety and certain other plant (plant under pressure and plant designed to lift or move people, equipment or materials including escalators, moving walks and lifts) that is not under the management or control of an employer but is the responsibility of the owner of the plant.

124   Hirer or lessor to identify hazards

(1)  A person who hires or leases plant to another person must identify any foreseeable hazard that may arise from the condition of the plant and that has the potential to harm the health or safety of any person during the installation, erection, commissioning, use, repair, dismantling, storage or disposal of the plant at a place of work or, in the case of plant affecting public safety, at any other place at which the plant is located.

(2)  Without limiting subclause (1), the person hiring or leasing the plant must ensure that:

(a)  the plant is inspected regularly and, at a minimum, once between each hiring and leasing, and

(b)  inspections of the plant are carried out having regard to procedures:

(i)  recommended by the designer and manufacturer, or

(ii)  developed by a competent person.

Maximum penalty: Level 4.

125   Hirer or lessor to assess risks

(1)  A person who hires or leases plant to another person must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division and, in particular, must:

(a)  evaluate the likelihood of an injury or illness occurring and the likely severity of any injury or illness that may occur, and

(b)  identify any actions necessary to eliminate or control the risk, taking into account any specific risk control measures required by this Regulation (including as to manual handling, hazardous substances, dangerous goods, and the working environment), and

(c)  identify the records that it is necessary to keep to ensure that risks are eliminated or controlled and determine the length of time for which the records are to be kept.

(2)  A person who hires or leases plant to another person must ensure that:

(a)  an assessment is carried out to determine:

(i)  whether the plant should be tested to check if new or increased risks to health or safety have developed, and

(ii)  if so, the frequency at which the testing should occur, and

(b)  if the need for testing is identified, the testing is carried out and recorded and the records of the testing are maintained for the operating life of the plant.

(3)  The assessment may be carried out:

(a)  on individual items of plant, or

(b)  if multiple items of plant of the same design are installed and used under conditions that are the same for all practical purposes—on a representative sample of the items.

Maximum penalty: Level 4.

126   Hirer or lessor to review risk assessment

A person who hires or leases plant to another person must review a risk assessment whenever:

(a)  there is evidence that the risk assessment of the plant is no longer valid, or

(b)  the designer or manufacturer of the plant or a person who has hired or leased the plant or similar plant provides information about a fault in the plant or similar plant that has the potential to harm the health or safety of any person.

Maximum penalty: Level 4.

127   Hirer or lessor to control risks

(1)  A person who hires or leases plant to another person must ensure that risks arising from the condition of the plant are eliminated or, if this is not practicable, controlled.

(2)  Without limiting subclause (1), the person hiring or leasing the plant to another person must not hire or lease:

(a)  plant designed or manufactured before the prescribed date unless the plant complies with relevant control measures specified in clauses 89–93 inclusive, and

(b)  plant designed and manufactured after the prescribed date unless the plant complies with relevant control measures specified in clauses 89–94 inclusive, and

(c)  plant of a kind specified in the Table to clause 107 (Plant for which designs are to be registered) unless the plant has a current design registration number issued under clause 109 (Processing of application by WorkCover) and evidence of the registration is provided with the plant, and

(d)  plant of a kind specified in the Table to clause 113 (Items of plant required to be registered) unless the plant has a current item registration number issued under clause 115 or 118 (or under the Construction Safety Regulations 1950) and evidence of the registration is provided with the plant.

(3)  A person who hires or leases plant referred to in subclause (2) (c) to another person must inform that other person of any limitations of use provided in the design registration conditions.

(4)  (Repealed)

(5)  In this clause:

prescribed date means:

(a)  in relation to a workplace that is not a mining workplace or a coal workplace—1 September 2001, or

(b)  in relation to a mining workplace that is not a mine—1 September 2001, or

(c)  in relation to a mining workplace that is a mine—1 September 2008, or

(d)  in relation to a coal workplace—23 December 2006.

Maximum penalty: Level 4.

Note. Division 1 of Part 5.2 relating to the design of plant also applies to alterations to plant designs. A supplier who alters a design to eliminate or control a risk must comply with the design requirements of that Division. (See clause 84 (2) (b) and see also the definition of alter in clause 82 (1).)

128   Maintenance, repair, testing and cleaning of plant—particular risk control measures

(1)  A person who hires or leases plant to another person must ensure that:

(a)  maintenance and cleaning are carried out having regard to procedures:

(i)  recommended by the designer and manufacturer, or

(ii)  developed by a competent person, and

(b)  all safety features of the plant (including, in the case of plant intended to be used on or near electrical conductors, all insulation, earthing and controls) and all warning devices for the plant are maintained and tested, and

(c)  if plant has been damaged or worn to the extent that its function or condition is likely to be impaired and the risk to health or safety is likely to be increased, a competent person assesses the damage or wear and advises the hirer or lessor as to:

(i)  the nature and extent of the damage or wear, and

(ii)  whether or not the function or condition of the plant has been impaired owing to the damage or wear, and

(iii)  whether or not any such impairment has produced an increase in risk to health or safety, and

(iv)  whether the plant is able to be repaired and, if so, what repairs must be carried out to minimise risks to health and safety, and

(d)  maintenance, repair, cleaning and, if necessary, testing is carried out by a competent person, and

(e)  repairs to the plant are carried out so as to retain the plant within its design limits.

Maximum penalty: Level 4.

(2)  In the case of plant that is an amusement device, the reference in subclause (1) (c) to a competent person is to be read as a reference to a qualified engineer.

129   Plant under pressure—particular risk control measures

A person who hires or leases plant under pressure to another person must ensure:

(a)  pressure equipment (excluding gas cylinders) is inspected and maintained in accordance with AS/NZS 3788:1996 Pressure equipment—in-service inspection so far as it is relevant to the pressure equipment concerned, and

(b)  gas cylinders comply with AS 2030 Parts 1, 2 and 4 (as listed in Schedule 1) and are inspected and maintained in accordance with that Australian Standard.

Maximum penalty: Level 4.

130   Powered mobile plant—particular risk control measures

(1)  A person must not hire or lease to another person a tractor designed to have a mass of 560 kg or more, but less than 15,000 kg, unless:

(a)  if the tractor was manufactured, imported or originally purchased after 1981, it is securely fitted with a protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996 Tractors—Roll-over protective structures—Criteria and tests, or

(b)  if the tractor was manufactured, imported or originally purchased during or before 1981, it is securely fitted with:

(i)  a roll-over protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996 Tractors—Roll-over protective structures—Criteria and tests, or

(ii)  if such a structure is not available, an alternative roll-over protective structure designed by a suitably qualified engineer having regard to the performance requirements of AS 1636.1—1996.

(2)  A person must not hire or lease to another person earthmoving machinery designed to have a mass of 700 kg or more, but less than 100,000 kg, unless:

(a)  if the machinery was manufactured, imported or originally purchased after 1989, it is securely fitted with a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997 Earth-moving machinery—Protective structures, or

(b)  if the machinery was manufactured, imported or originally purchased during or before 1989, it is securely fitted with:

(i)  a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997, or

(ii)  if such a structure is not available, an alternative protective structure designed by a suitably qualified engineer having regard to the performance requirements of AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997.

(3)  In designing an alternative structure for the purposes of this clause, an engineer may, if satisfied that deformation testing is not required, substitute calculated deformations.

(4)  Such a structure must be identified with the information required by:

(a)  AS 1636.1—1996, or

(b)  AS 2294.1—1997, AS 2294.2—1997 or AS 2294.3—1997,

      whichever is appropriate.

(5)  Subclauses (1)–(4) do not apply to powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace.

(6)  Despite subclause (5), a person who hires powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace, in controlling risks, must ensure that the plant is a designed having regard to the safety requirements specified in subclauses (1)–(4) when determining measures to control the risk of overturning or a falling object coming into contact with the operator.

Maximum penalty: Level 4.

131   Hirer or lessor to keep records

A person who hires or leases plant of a kind specified in the Table to this clause to another person must make and keep records of any tests, maintenance, inspections, commissioning or alteration of plant relevant to controlling risks arising from the plant.

Maximum penalty: Level 3.

Table   Plant for which records are to be kept

Boilers categorised as being of hazard level A, B or C according to the criteria in AS 4343—1999

Pressure vessels categorised as being of hazard level A, B or C according to the criteria in AS 4343:1999 except the following:

(a)  LP gas fuel vessels for automotive use covered by AS/NZS 3509:1996,

(b)  serially produced pressure vessels covered by AS 2971—1987,

(c)  pressure vessels that do not require periodic internal inspection in accordance with the criteria in Table 4.1 in AS/NZS 3788:1996

Tower cranes

Lifts (including escalators and moving walkways)

Building maintenance units

Concrete placing units (truck mounted with boom)

Personnel and materials hoists

Concrete placing units

Industrial lift trucks

Mobile cranes

Gantry cranes with a rated capacity greater than 5 tonnes

Bridge cranes with a rated capacity greater than 10 tonnes

Gantry cranes and bridge cranes designed to handle molten metal or dangerous goods (within the meaning of the ADG Code)

Boom-type elevating work platforms

Hoists, with a platform movement in excess of 2.4 metres, designed to lift or support people

Mast climbing work platforms

Vehicle hoists

Amusement devices

Powered winding systems used in underground mines at a mining workplace or a coal workplace

Conveyors in a mining workplace

Earth moving machinery in a mining workplace

132   Hirer or lessor to provide information

(1)  A person who hires or leases plant to another person must provide other persons who have responsibilities under this Regulation with all available information about the plant that is necessary to enable the other persons to fulfil their responsibilities with respect to the following:

(a)  identifying hazards,

(b)  assessing risks arising from those hazards,

(c)  eliminating or controlling those risks,

(d)  providing information.

(2)  Without limiting subclause (1), a person who hires or leases plant to another person must ensure that the person is provided with relevant health and safety information about the plant including, if appropriate, information about the commissioning, installation, use, testing, de-commissioning and dismantling of the plant.

(3)  Without limiting subclause (1), a person who hires or leases an amusement device to another person must ensure that the person hiring or leasing the amusement device is provided with:

(a)  the log book for the amusement device in which details of all tests, maintenance, inspections, commissioning, alteration or repair of the amusement device have been accurately recorded by a competent person, and

(b)  the operating and maintenance manuals for the amusement device.

Maximum penalty: Level 4.

133   Hirer or lessor to obtain information

(1)  A person who hires or leases plant to another person must obtain such information as is necessary to enable the person to fulfil the person’s responsibilities with respect to the following:

(a)  identifying hazards,

(b)  assessing risks arising from those hazards,

(c)  eliminating or controlling those risks,

(d)  providing information.

(2)  Without limiting subclause (1), a person who hires or leases plant must obtain the information that a manufacturer is required to provide to the person under clause 105 (Manufacturer to provide information).

Maximum penalty: Level 4.