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Summers25486  
#1 Posted : 25 March 2011 14:51:27(UTC)
Rank: New forum user
Summers25486

Hi As part of organizational change, our carpentry workshop is relocating and the management team has decided, on the request of some of our staff, to auction off some the older woodworking machinery. Are there any liabilities that need to considered before we engage in this? Any help and guidance here would be very much appreciated. Thanks
Ken Slack  
#2 Posted : 25 March 2011 15:03:02(UTC)
Rank: Super forum user
Ken Slack

Hi Summers, PUWER Regulation 6(4)(a) says that equipment leaving your undertaking must be accompanied by physical evidence that the last required maintenance has been completed.
Ken Slack  
#3 Posted : 25 March 2011 15:04:07(UTC)
Rank: Super forum user
Ken Slack

Ken Slack wrote:
Hi Summers, PUWER Regulation 6(4)(a) says that equipment leaving your undertaking must be accompanied by physical evidence that the last required maintenance has been completed.
oops should have read 'last required inspection'......
KevinMinton  
#4 Posted : 25 March 2011 17:14:47(UTC)
Rank: New forum user
KevinMinton

Note that you need to read all of PUWER reg 6 in order to understand the application of 6(4). But cutting to the real answer: If I understand the OP correctly, the company is effectively selling the equipment to its employees as consumers. So it is therefore time to put Redgrave to one side for a moment, and look at Miller or similar which will tell you the duties of companies selling items to consumers. Is the equipment compliant with PUWER etc as it stands? Would the "older equipment" meet current standards for guarding etc of consumer equipment? A failure to do so is not necessarily fatal to the idea of supplying it to consumers, but does IMO bring a presumption of failure, which you should take steps to address or correct. Would the provision of safety instructions etc to the purchaser pass the same test? HTH
Summers25486  
#5 Posted : 25 March 2011 20:55:03(UTC)
Rank: New forum user
Summers25486

Ken, Kevin, many thanks for your help. Daft question i know but what does IMO mean?
alistair.r.reid  
#6 Posted : 26 March 2011 17:22:01(UTC)
Rank: Forum user
alistair.r.reid

Section 6 of the Health and Safety at Work etc Act 1974 will apply to the re-sale (in Great Britain) of all second-hand workplace machinery, however old it is.
Moderator 2  
#7 Posted : 26 March 2011 17:43:46(UTC)
Rank: Moderator
Moderator 2

Summers25486 wrote:
Ken, Kevin, many thanks for your help. Daft question i know but what does IMO mean?
IMO means 'in my opinion' Cheers Moderator
paul.skyrme  
#8 Posted : 27 March 2011 18:39:47(UTC)
Rank: Super forum user
paul.skyrme

summers, As far as I can tell, yes there are. I do some machinery dealing and I follow the HSE guidance on the sale of used wood machinery for the agricultural Industry on the HSE website. As well as other HSE guidance on the subject, AFAIK you cannot fully absolve your responsibility with a disclaimer.
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