Second-Hand Machinery — Cheap Purchase, Expensive Lawsuit?

There's something deeply satisfying about finding a £40,000 machine going for £8,000 at auction. It still works, it looks decent, and it'll do everything you need. What could possibly go wrong?

Quite a lot, as it turns out. And under PUWER, the person responsible for making sure that second-hand machine is safe isn't the seller — it's you.

The Legal Position Is Clear

The Provision and Use of Work Equipment Regulations 1998 apply to all work equipment, regardless of whether it's new, second-hand, hired, borrowed or salvaged from a skip. The moment a piece of equipment enters your workplace and your employees start using it, PUWER places the same duties on you as if you'd bought it fresh from the manufacturer.

That means the equipment must be suitable for its intended use, maintained in safe condition, properly guarded, fitted with appropriate controls, and your operators must be trained to use it.

"But the seller told me it was fine" is not a defence. "It passed its last inspection" is not a defence. "It was working when I bought it" is not a defence. PUWER puts the responsibility squarely on the employer who provides the equipment for use at work.

What Goes Wrong with Second-Hand Equipment

Second-hand machinery often comes with a history you don't know about. Here are the most common problems:

Missing guards. This is the big one. Guards get removed during the machine's previous life — sometimes for maintenance, sometimes because the previous operator found them inconvenient — and they never get put back. The machine arrives at your premises with exposed dangerous parts, and if you don't notice (or you do notice but assume it's fine), you're now operating an unguarded machine.

Modified controls. Previous owners may have modified the control systems — bypassing safety interlocks, adding non-standard switches, disabling emergency stops. These modifications might not be obvious without a proper inspection.

Worn components. Bearings, belts, hydraulic hoses, electrical insulation, brake mechanisms — all these components degrade with use. A machine that looks fine externally might have components close to failure internally.

No documentation. The original manufacturer's manual, maintenance history, previous inspection reports, risk assessments — these often don't travel with the machine. Without them, you're operating equipment with no reference point for maintenance, no record of known issues, and no manufacturer's guidance on safe use.

Obsolete safety standards. A machine manufactured in 1995 was built to the standards of 1995. Safety requirements have evolved significantly since then. Just because a machine met the legal standard when it was new doesn't mean it meets the standard now.

What You Need to Do Before Using Second-Hand Equipment

Before any second-hand machine goes into service, you should carry out a thorough pre-use assessment. This should cover:

Visual inspection. Check for missing or damaged guards, exposed dangerous parts, damaged controls, visible wear, corrosion, damage and unauthorised modifications.

Functional testing. Test all controls — start, stop, emergency stop, mode selectors. Test all safety interlocks. Test all guards and their associated switches. Run the machine through its operating cycle and check for abnormal vibration, noise, or behaviour.

Documentation review. Obtain whatever documentation is available from the seller. If the manufacturer's manual isn't available, contact the manufacturer (if they still exist) or source one from another user. If the machine is old enough that manuals don't exist, you may need to create your own safe operating procedure.

Risk assessment. Carry out a specific risk assessment for the machine in its intended location, considering the tasks it will be used for, the operators who will use it, and the environment it will be in.

Guarding assessment. Check every dangerous part against PUWER's guarding hierarchy. If guards are missing, source replacements from the manufacturer or have them made by a competent engineer. Do not put the machine into use until all necessary guarding is in place.

Operator training. Your operators need training on the specific machine — not just "they've used something similar before." Different models from the same manufacturer can have different controls, different safety features and different hazards.

The Auction Trap

Machinery auctions are particularly risky because equipment is typically sold "as seen" with no warranty, no documentation and no opportunity for a detailed pre-purchase inspection. That doesn't absolve you of PUWER responsibilities. If you buy a machine at auction and it's missing guards, the obligation to fit guards before use still falls on you.

The same applies to online marketplaces. Photos can't tell you about worn bearings, bypassed interlocks or modified control systems. If you're buying second-hand, budget for a thorough pre-use inspection and any remedial work required. The saving on the purchase price can evaporate quickly if the machine needs significant safety work.

The Smart Approach

Second-hand machinery can be an excellent investment — there's nothing wrong with buying used equipment. The key is knowing what you're getting and addressing any safety shortcomings before the machine goes into production.

A PUWER assessment before purchase (or immediately after, before use) identifies exactly what needs attention. It's a fraction of the machine's cost and it protects you, your employees and your business.

Buying or using second-hand equipment? Book a PUWER Assessment →

York Green Safety Partners assesses work equipment — new and second-hand — for employers across the UK. Based in Cheshire, covering the whole country.