Page:Workplace Safety and Health Act 2006.pdf/27

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

17.—(1) It shall be 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) shall apply 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 shall be 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 notwithstanding anything in this Act, it shall be 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 is 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) shall apply 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