Third Party Duties
Manufacturers, importers, and persons who supply articles for use in any work or article of fairground equipment must, as far as is reasonably practicable, ensure that the article is designed and constructed to be safe without risks to health at all times when it is being set, used, cleaned, or maintained. It is their duty to carry out and arrange for testing and examination as may be necessary for the performance of the above duty.
They must also take the necessary steps to ensure that persons supplied with the article are provided with adequate information about its intended use, design, testing, and any conditions necessary to ensure it remains safe and without risks to health during dismantling or disposal. Provisions of information must be provided to persons as necessary until it becomes known that a serious risk to health and safety exists. The same duty applies to persons who manufacture, import, or supply any article of fairground equipment on similar terms to the above.
It is the duty of a person who designs or manufactures any article or piece of fairground equipment to carry out or arrange for research with the aim of discovering and, as far as reasonably practicable, eliminating or minimizing any risks to health associated with the design or article.
A similar duty applies to persons who erect or install any article for use at work in any premises where the article will be used by persons at work. They must ensure, as far as reasonably practicable, that the manner in which the article is erected or installed does not make it unsafe or pose a risk to health at any time.
A person who manufactures, imports, or supplies a substance must ensure, as far as is reasonably practicable, that the substance is safe without risks to health at all times during its use, handling, processing, storage, and transportation by persons at work. They must also carry out and arrange for testing and examination as may be necessary for the performance of this duty.
Adequate information about the test results and conditions necessary to ensure safety must be provided to persons supplied with the substance. They must also comply with the provisions regarding information.
A person is not obligated to repeat any testing, examination, or research that has been carried out by others, as long as it is reasonable to rely on the results for the purposes of these provisions.
These duties extend to activities carried out in the course of a trade, business, or undertaking, whether or not for profit, and to matters within the person’s control. In cases where a person designs, manufactures, or supplies an article for use at work based on a written undertaking by another party to take specified steps to ensure, as far as reasonably practicable, its safety and freedom from health risks, the first-mentioned person’s duty is relieved to the extent that is reasonable considering the terms of the undertaking.
However, the above does not relieve a person who imports any article or substance that is subject to duty in relation to granting an application for an article designed outside the UK, or in the case of an article manufactured outside the UK, when it was done in the course of a trade controlled by the person who manufactured the article and substance.
When a person ostensibly supplies articles or substances to a customer under a hire-purchase agreement, conditional sale, or credit-sale agreement, and the ostensible supplier engages in financing the acquisition of goods through such agreements, the effective supplier, not the ostensible one, is considered the supplier.
For the purposes of these obligations, the absence of safety or a risk to health is disregarded to the extent that the case in which it would arise is shown to be one that could not reasonably be foreseen, taking into account the relevant information or advice provided to any person by the entity responsible for designing, manufacturing, importing, or supplying the article, as applicable.