Note. See clause 7 (2) as to the extent of a designer’s duties under this Division.
(1) This Division applies to the design of:(a) plant for use at work, and(b) plant affecting public safety.(2) This Division applies to:(a) plant designs, and(b) unless the context otherwise requires—alterations to plant designs,that are commenced after the prescribed date.(3) In this clause:prescribed date means:
(a) in relation to a workplace that is not a mining workplace or a coal workplace—1 September 2001, or(b) in relation to a mining workplace that is not a mine—1 September 2001, or(c) in relation to a mining workplace that is a mine—1 September 2008, or(d) in relation to a coal workplace—23 December 2006.
85 Manufacturers and importers of plant designed outside the State to ensure that designer’s responsibilities are met
A person who:(a) manufactures in New South Wales plant designed outside the State, or(b) imports plant designed outside the State for supply to others or for the person’s own use,must ensure that the responsibilities of a designer under this Division are met in relation to the plant.Maximum penalty: Level 4.
86 Designer to identify hazards
A designer of plant must identify any foreseeable hazard that may arise from the design of the plant and that has the potential to harm the health or safety of any person during the manufacture, installation, erection, commissioning, use, repair, dismantling, storage or disposal of the plant at a place of work or, in the case of plant affecting public safety, at any other place at which the plant is located.Maximum penalty: Level 4.
(1) A designer of plant must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division and, in particular, must:(a) evaluate the likelihood of an injury or illness occurring and the likely severity of any injury or illness that may occur, and(b) identify the design requirements and any other actions necessary to eliminate or control the risk.(2) In carrying out risk assessment for the purposes of this clause, a designer of plant must take into account the following:(a) the impact of the plant on the work environment in which it is designed to operate,(b) the range of environmental and operational conditions in which the plant is intended to be manufactured, transported, installed and used,(c) the ergonomic needs of persons who may install, erect, use or dismantle the plant,(d) the need for safe access and egress for persons who install, erect, use or dismantle the plant,(e) any specific risk control measures required by this Regulation (including as to manual handling, hazardous substances, dangerous goods, and the working environment).Maximum penalty: Level 4.
88 Designer to review risk assessment
A designer must review the risk assessment of plant whenever:(a) there is evidence that the risk assessment relating to the plant is no longer valid, or(b) an employer, manufacturer, supplier or owner of the plant provides the designer with information about a design fault that has the potential to harm the health or safety of any person.Maximum penalty: Level 4.
(1) A designer must design plant so that risks associated with the manufacture, installation, erection, commissioning, use, repair, dismantling, storage and disposal of the plant are eliminated or, if this is not reasonably practicable, are controlled.(2) In controlling risks, the designer must ensure that the plant is designed:(a) having regard to ergonomic principles, and(b) so that safe access can be gained to the various components for purposes of maintenance, adjustment, repair and cleaning, and(c) so that the build up of unwanted substances or materials that create a risk is minimised, and(d) in the case of plant designed to work near electrical conductors, having regard to such safety requirements as insulation, earthing and appropriate access to controls.Maximum penalty: Level 4.
90 Guarding—particular risk control measures
(1) A designer of plant must ensure that any device that prevents or reduces access to a danger point or area:(a) is designed to be a permanently fixed physical barrier or, if access to the danger point or area is required during normal operation, maintenance or cleaning:(i) is designed to be an interlocking type physical barrier, or(ii) is a presence sensing safeguarding system, and(b) is designed to make by-passing or defeating it, whether deliberately or by accident, as difficult as is reasonably possible, and(c) is designed to be of solid construction and securely mounted so as to resist impact and shock, and(d) is designed so as not to cause a risk itself.(2) In subclause (1), a presence sensing safeguarding system, in relation to plant, means a presence sensing safeguarding system that includes:(a) a sensing system that employs one or more forms of radiation, either self-generated or generated by pressure, and(b) an interface between the final switching devices of the system and the plant’s primary control elements, and(c) plant stopping capabilities,whereby the presence of a person or part of a person within a sensing field will cause the dangerous parts of the plant to be brought to a safe state.(3) The designer must ensure that any guards intended to provide protection from parts of the plant or work pieces that may break, disintegrate or be ejected are designed to contain effectively the parts, work pieces or any fragments of them.(4) The designer must specify the work procedures, devices or tools that are necessary to clear safely any jamming or blockage of moving parts that may occur.Maximum penalty: Level 4.
91 Operational controls—particular risk control measures
(1) A designer of plant must ensure that operational controls are:(a) suitably identified on the plant so that their nature and function is clear, and(b) located so as to be operated readily and conveniently by each person using the plant, and(c) located or guarded to prevent unintentional activation, and(d) able to be locked in the “off” position (or include an alternative method of power isolation) to enable disconnection of all motive power and forces.(2) A designer must ensure that, if it is not reasonably practicable for the plant to be stopped during maintenance and cleaning, operational controls that permit safe controlled operation are provided.(3) A designer must ensure that, if:(a) plant is designed to be operated or attended by more than one person, and(b) more than one control is fitted to the plant,the controls are of the “stop and lock-off” type so that the plant cannot be restarted after a stop control has been used unless each stop control is reset.Maximum penalty: Level 4.
92 Emergency stops and warning devices—particular risk control measures
(1) A designer of plant must ensure that, if warning devices are necessary to secure safety, they are placed in a position that serves that purpose.(2) A designer must ensure that emergency stop devices:(a) are prominent, clearly and durably marked and immediately accessible to each operator of the plant, and(b) have handles, bars or push buttons that are coloured red, and(c) are not able to be affected by electrical or electronic circuit malfunction.Maximum penalty: Level 4.
93 Design of powered mobile plant—particular risk control measures
(1) A designer of powered mobile plant must ensure that the plant is designed to minimise the risk of unintended overturning or a falling object coming into contact with the operator.(2) A designer must ensure that powered mobile plant is designed to incorporate an appropriate combination of operator protective devices if there is a risk of the plant overturning, objects falling on the operator or the operator being ejected.(3) A designer of powered mobile plant must ensure that:(a) a tractor designed to have a mass of 560 kg or more, but less than 15,000 kg, is designed to include a protective structure that conforms with AS 1636.1—1996, AS 1636.2—1996 and AS 1636.3—1996 Tractors—Roll-over protective structures—Criteria and tests, as appropriate to the type of tractor involved, and(b) earth moving machinery designed to have a mass of 700 kg or more, but less than 100,000 kg, is designed to include a protective structure that conforms with AS 2294.1—1997, AS 2294.2—1997 and AS 2294.3—1997 Earth-moving machinery—Protective structures.(3A) Subclause (3) does not apply to powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace.(3B) Despite subclause (3A), a person who designs powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace, in controlling risks, must ensure that the plant is designed having regard to the safety requirements specified in subclause (3) when determining measures to control the risk of overturning or of a falling object coming into contact with the operator.(4) A designer of powered mobile plant must ensure that the plant is designed to incorporate warning devices that are appropriate to warn effectively persons who are at risk from the movement of the plant.Maximum penalty: Level 4.
94 Mandatory design standards—particular risk control measures
A designer of plant must ensure that the design of:(a) boilers and pressure equipment, and(b) cranes (including hoists and winches), and(c) scaffolding, and(d) lifts, escalators and moving walks, and(e) gas cylinders, and(f) amusement devices,complies with relevant standards listed in Schedule 1 (Standards covering design and manufacture of plant).Maximum penalty: Level 4.
95 Specifying work systems and operator competencies—particular risk control measures
A designer of plant must specify systems of work or operator competencies if they are necessary for the safe manufacture, installation, erection, commissioning, use, repair, maintenance, dismantling or disposal of plant.Maximum penalty: Level 4.
96 Designer to provide information
(1) A designer of plant must provide other persons who have responsibilities under this Regulation with all available information about the plant that is necessary to enable the other persons to fulfil their responsibilities with respect to the following:(a) identifying hazards,(b) assessing risks arising from these hazards,(c) eliminating or controlling those risks,(d) providing information.(2) Without limiting subclause (1), a designer of plant must ensure that a person who manufactures the plant is provided with sufficient information to enable the plant to be manufactured in accordance with the design specifications and, as far as practicable, with information relating to the following:(a) the purpose for which the plant is designed,(b) testing or inspections to be carried out on the plant,(c) installation, commissioning, operation, maintenance, inspection, cleaning, transport, storage and, if the plant is capable of being dismantled, dismantling of the plant,(d) systems of work necessary for the safe use of the plant,(e) knowledge, training or skill necessary for persons undertaking inspection and testing of the plant,(f) emergency procedures.(3) A designer of plant who manufactures the plant must ensure that the information specified in subclause (2) (a) to (f) inclusive is provided to any person who obtains the plant for the person’s own use or who supplies the plant to others.Maximum penalty: Level 4.
97 Designer to obtain information
(1) A designer of plant must obtain such available information as is necessary to enable the designer to fulfil the designer’s responsibilities under this Regulation with respect to the following:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) providing information.(2) If a designer has a contract with an employer to design a specific item of plant, the designer must obtain from the employer any relevant information about matters with respect to the plant that may affect health and safety at the place of work.Maximum penalty: Level 4.