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Suppliers - WHS Duties

Who is a Supplier?​

A supplier is a person who conducts a business or undertaking that includes supplying:

  • Plant (machinery, equipment, tools, vehicles)
  • Substances (chemicals, materials)
  • Structures (prefabricated buildings, structural components)

This includes:

  • Plant hire companies
  • Chemical suppliers
  • Building material suppliers
  • Equipment retailers
  • Scaffold hire companies

[!note] Supply Includes Hire Hiring or leasing plant or structures is considered "supply" under WHS law, so hire companies have supplier duties.

Primary Duty​

Suppliers must ensure, so far as is reasonably practicable, that the plant, substance, or structure is without risks to health and safety when:

  • Used for its intended purpose
  • Handled, transported, or stored
  • Installed or constructed (for plant and structures)
  • Maintained (for plant)
  • Disposed of (for substances)

Specific Supplier Duties​

1. Testing and Examination​

Suppliers must ensure adequate testing, examination, or analysis has been carried out to verify the plant, substance, or structure is without risks to health and safety.

Usually this duty is met by:

  • Relying on testing conducted by manufacturers
  • Verifying certification and compliance
  • Conducting additional testing if necessary

Construction Example - Plant Hire: A scaffold hire company must ensure scaffolding components have been tested for load capacity and inspected for damage before supply. Damaged components must be removed from service.

2. Provide Information​

Suppliers must provide adequate information about:

For Plant:

  • Purpose and intended use
  • Results of testing
  • Conditions for safe use, handling, storage, transport, installation, maintenance, and disposal
  • Known or foreseeable hazards

Construction Example - Excavator Hire: When hiring an excavator, the supplier must provide:

  • Operator manual and safety information
  • Load charts and capacity limits
  • Pre-start inspection requirements
  • Maintenance log showing the machine is properly maintained
  • Specific hazards (e.g., overhead power line awareness)
  • Required operator competencies

For Substances:

  • Safety Data Sheets (SDS) for hazardous chemicals
  • Information about safe handling, storage, and disposal
  • Correct labels on containers
  • Emergency response information

Construction Example - Chemical Supply: Suppliers of construction chemicals (adhesives, solvents, curing compounds) must provide:

  • Current Safety Data Sheet with each supply
  • Correctly labelled containers
  • Information about required ventilation and PPE
  • Storage requirements and shelf life

For Structures:

  • Design information for safe construction and use
  • Load capacities
  • Installation requirements

3. Ensure Information is Current​

Information must be:

  • Up-to-date at time of supply
  • Updated if the supplier becomes aware of new hazards or better information

4. Install in Accordance with Information​

If the supplier also installs or constructs the plant or structure, installation must be in accordance with the information provided.

Supplier Due Diligence​

Before supplying, suppliers should:

  1. Verify the source - Ensure manufacturers and importers have met their duties
  2. Check information - Ensure adequate information is available
  3. Inspect the product - Check for damage or defects
  4. Maintain records - Keep testing certificates, inspection records, and information
  5. Train staff - Ensure staff providing products can answer safety questions

Construction Example - Tool Supplier: Before supplying power tools for concrete work, the supplier should:

  • Verify manufacturer's safety information is available
  • Check tools are in working order
  • Provide information about silica dust risks
  • Inform about compatible dust extraction systems
  • Ensure staff can explain safe use requirements

Plant Hire - Specific Considerations​

Plant hire is a form of supply, so hire companies have supplier duties.

Short-Term Hire (e.g., daily, weekly)​

The hire company must:

  • Ensure plant is maintained and safe
  • Provide operation manuals and safety information
  • Inform about required operator competencies
  • Conduct pre-hire inspections

The hirer (PCBU hiring the plant) must:

  • Ensure operators are competent
  • Conduct site-specific risk assessment
  • Implement control measures for site conditions
  • Maintain the plant during the hire period
  • Conduct daily pre-start checks

Long-Term Hire or Lease​

For long-term arrangements, maintenance duties may transfer to the hirer, but this must be clearly documented. The hire company retains responsibility for ensuring the plant was safe at the time of supply.

Construction Example - Crane Hire:

  • Hire company (Supplier) duties: Provide maintained crane, current inspection certificates, load charts, operator manual, safety information
  • Principal contractor (Hirer) duties: Ensure operator is licensed, conduct lift plan, assess site conditions, ensure proper setup and use

Substances and Hazardous Chemicals​

Suppliers of hazardous chemicals must:

See Managing Risks of Hazardous Chemicals for detailed requirements.

Supplier Relationship with Other Duty Holders​

With Manufacturers​

Suppliers rely on manufacturers and importers to:

  • Conduct testing
  • Provide accurate information
  • Ensure products are inherently safe

With Designers​

For structures and complex plant, suppliers may need to provide design information to allow safe construction and use.

With Installers​

If suppliers also install what they supply, they must ensure installation is carried out safely and in accordance with instructions.

Prohibited and Banned Items​

Suppliers must not supply:

  • Asbestos or asbestos-containing materials
  • Banned or restricted substances
  • Plant or structures that cannot be made safe for their intended use

Practical Application​

Scenario: Construction Company Hiring Mobile Scaffold

Scaffold Hire Company (Supplier) Must:

  1. Inspect scaffold components before each hire
  2. Remove damaged components from service
  3. Provide assembly instructions and load capacity information
  4. Provide information about required bracing and stabilizers
  5. Inform about competency requirements for erection
  6. Maintain records of inspections and testing

Construction Company (Hirer/PCBU) Must:

  1. Ensure workers erecting scaffold are competent
  2. Follow assembly instructions
  3. Conduct risk assessment for specific use
  4. Implement controls for site-specific hazards (e.g., wind, slopes, overhead power lines)
  5. Inspect scaffold after erection and during use
  6. Ensure scaffold is used within load limits

Both parties have duties and must communicate and cooperate to ensure safe use.