Safety in Industry Act, 1980

General duties of manufacturers etc. as regards plant for use at work.

9.—(1) It shall be the duty of any person who manufactures, imports or supplies any plant for use at work in a factory or specified premises or in work which is work described in section 87 (1) of the Principal Act to ensure, so far as is reasonably practicable, that safeguards have been provided in relation to the plant to ensure its safe operation when it is being properly used.

(2) Any duty imposed on any person by this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not).

(3) Where a person (which person is in this subsection referred to as “the supplier”) supplies to another (which other is in this subsection referred to as “the customer”) any plant described in subsection (1) of this section, under a hire-purchase agreement or credit-sale agreement, and the supplier—

(a) carries on the business of financing the acquisition of goods by others by means of such agreements, and

(b) in the course of that business acquired his interest in the article supplied to the customer as a means of financing its acquisition by the customer from a third person (which person is in this subsection referred to as “the dealer”), the dealer and not the supplier shall be treated for the purposes of this section as supplying the article to the customer, and any duty imposed by this section on suppliers shall accordingly fall on the dealer and not on the supplier.

(4) For the purposes of this section plant shall not be regarded as being properly used where it is used without regard to the relevant information or advice relating to its use which has been made available by a person by whom it was designed, manufactured, imported or sold or otherwise supplied.

(5) (a) For the purpose of giving effect to subsection (1) of this section the Minister may by regulations prescribe specifications or other requirements with which the design and construction of any plant which is of a prescribed class or description shall comply.

(b) Where a person manufactures, imports or supplies plant for use at work described in subsection (1) of this section which is of a class or description specified in regulations under this section which are for the time being in force and the plant does not satisfy a requirement of the regulations, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.

(6) Where plant is used at work in a factory, in specified premises or in work described in section 87 (1) of the Principal Act and a request is made in that behalf by an inspector, the occupier shall give to the inspector the name of the person by whom the plant was sold or otherwise supplied.

(7) Where a request is made of an occupier pursuant to subsection (6) of this section and the name of the person by whom the relevant plant was sold or otherwise supplied is within the knowledge of the occupier of whom the request is made, then if such occupier fails to comply with the request he shall be guilty of an offence.

(8) Any person who as principal or agent by act or omission contravenes subsection (1) of this section shall be guilty of an offence.

(9) Proceedings shall not be taken under this section and under section 109 of the Principal Act in relation to the same act or omission.