SAFETY WARNING ON "SOLD AS SEEN" MACHINERY

HSE press release: E124:03 - 11 July 2003

The Health and Safety Executive (HSE) has issued a warning to firms buying second hand industrial machinery to ensure it is safe at all times when being set, used, cleaned and maintained. Buyers and sellers of machinery are warned that "sold as seen" is no protection from liabilities under health and safety laws.

The warning follows an HSE prosecution of both the supplier of the second-hand machinery and the buyer following an incident when an experienced machine operator sustained serious hand injuries which have left him partly disabled.

Maureen Kingman, HM Principal Inspector of HSE Manufacturing Sector commented, "Suppliers have explicit duties to ensure, so far as is reasonably practicable, that articles for use at work will be safe at all times when being set, used, cleaned or maintained. Suppliers should safeguard second hand machines or first obtain a written undertaking from the purchaser that they will take specified steps to ensure that the article is safe. "Sold as seen" does not absolve the supplier or the buyer of their duties under the law."

The machine had been supplied "as seen, as is", having come from a previous user who had had it in storage for some years. No changes were made to the machine by the supplier before delivery and no documentation other than an invoice stating "free from any damage other than normal wear and tear" and machine manuals were provided to the user.

The supplier did not obtain any written undertaking from the user in relation to ensuring safety before use. The user carried out an extensive overhaul returning the machine to almost original condition, but making no changes to its design or safety features.

An experienced machine operator was appointed by the user to be trained on the machine by experienced members of staff with previous knowledge of the machine. When cleaning by hand with a cloth the powered rotating gravure and pressure rollers, his hand was drawn in between them, sustaining serious crush injuries.

Notes to editors

1. In a hearing in 2003, a secondhand machinery supplier pleaded guilty to a breach of duties under Section 6 of the Health and Safety at Work etc Act 1974 (HSWA) and were fined £5000 plus costs of £698 awarded to HSE. A printing company pleaded guilty to a breach of duties under regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and was fined £2800 and pleaded guilty to a breach of duties under regulation 11 of the Provision and Use of Work Equipment Regulations 1998 (PUWER) and was fined £2800 plus costs of £698 awarded to HSE.

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