Following our news item of March 2022 regarding “rebirthing” of flood damaged Forklift Trucks
In early December 2023 AFITA wrote to the Insurance Council of Australia and the Hon Tony Burke MP, Minister for Employment and Workplace Relations expressing concern regarding the potential for flood damaged forklifts to be “rebirthed” following write-off and asking for the removal of name plates prior to the sale of written off machines to ensure they are only used for parts.
A response from the DEWR on behalf of Minister Burke stated:
I note your concerns around rebirthing of total loss forklifts and subsequent safety issues. Under the Model Work Health and Safety Regulations 2022, exchanging critical safety information at the time of purchase is a legal requirement and a supplier of second-hand plant, such as forklifts, must ensure that written notice on the condition of the forklift and any faults are identified, so far as is reasonably practicable, is provided to the person whom the plant is supplied to. I encourage you and your members to raise your concerns on any instances where suppliers have failed to meet these requirements with the relevant state and territory work health and safety regulator. Contact details for the work health and safety regulators is available on Safe Work Australia’s website at www.safeworkaustralia.gov.au/law-and-regulation/whs-regulators-and-workers-compensationauthorities-contact-information.
The relevant clauses of the Model Work Health and Safety Regulations are:
199 Supply of second-hand plant—duties of supplier
(1) A supplier of second-hand plant must ensure, so far as is reasonably
practicable, that any faults in the plant are identified.
Maximum penalty:
In the case of an individual—$6 000.
In the case of a body corporate—$30 000.
(2) A supplier of second-hand plant must ensure that the person to
whom the plant is supplied is, before the plant is supplied, given
written notice:
(a) of the condition of the plant; and
(b) of any faults identified under subregulation (1); and
(c) if appropriate, that the plant should not be used until the faults
are rectified.
Maximum penalty:
In the case of an individual—$6 000.
In the case of a body corporate—$30 000.
(3) This regulation does not apply to plant to be used for scrap or spare
parts.
200 Second-hand plant to be used for scrap or spare parts
A supplier of plant to be used for scrap or spare parts must, before
the plant is supplied, inform the person to whom the plant is
supplied, either in writing or by marking the plant, that the plant is
being supplied for scrap or spare parts and that the plant in its
current form is not to be used as plant.
Maximum penalty:
In the case of an individual—$3 600.
In the case of a body corporate—$18 000.