Safety warning on "sold as seen" machinery
Safety warning on "sold as seen" machinery
Keywords: Health and safety, Machinery
The Health and Safety Executive (HSE) has issued a warning to firms buying second-hand industrial machinery to ensure that 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 where 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, so far as is reasonably practicable,safeguard second- hand machines or first obtain a written undertaking from the purchaser that they would take specified steps to ensure that the article would be 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 kept 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 on the machine. When cleaning the powered rotating gravure and pressure rollers by hand with a cloth, his hand was drawn in between them, sustaining serious crush injuries.
