Division 2 Manufacture of plant
Note. See clause 7 (2) as to the extent of a manufacturer’s duties under this Division.
(1) This Division applies to the manufacture of:(a) plant for use at work, and(b) plant affecting public safety.(2) This Division applies to plant manufactured after 1 September 2001.(3) A manufacturer is not required to comply with clauses 100–103 within the period of 12 months after the prescribed date.(4) 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.
99 Importers of plant manufactured outside the State to ensure that manufacturer’s responsibilities are met
A person who imports plant manufactured outside New South Wales for supply to others or for the person’s own use must ensure that the responsibilities of a manufacturer under this Division are met in relation to the plant.Maximum penalty: Level 4.
100 Manufacturer to identify hazards
A manufacturer of plant must identify any foreseeable hazard that may be incorporated into the plant during the manufacturing process and that has the potential to harm the health or safety of any person during the 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.
101 Manufacturer to assess risks
A manufacturer 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) as far as practicable, consult with the designer of the plant with respect to actions necessary to eliminate or control the risk, and(c) identify any actions necessary to eliminate or control the risk, taking into account 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.
102 Manufacturer to review risk assessment
A manufacturer of plant must review the risk assessment of plant whenever:(a) there is evidence that the risk assessment of the plant is no longer valid, or(b) the manufacturer is provided with information about a design or manufacturing fault that has the potential to harm the health or safety of any person.Maximum penalty: Level 4.
103 Manufacturer to control risks
(1) A manufacturer of plant must not incorporate any risk into the plant during the manufacturing process or, if this is not reasonably practicable, must control the risk.(2) Any such control of risks must, so far as is reasonably practicable, be achieved by means other than through the use of personal protective equipment.(3) In controlling risks, a manufacturer must ensure in relation to the manufacture of plant that:(a) if any fault in the design of the plant that may affect health or safety is identified during the manufacturing process:(i) the fault is not incorporated into the plant, and(ii) as far as is reasonably practicable, the designer of the plant is consulted regarding the rectification of the fault and, if possible, arrangements are made with the designer for the alteration of the design to eliminate or control the risk, andNote. Division 1 of this Part applies with respect to the alteration of designs. A manufacturer who alters a design to eliminate a risk must comply with the design requirements of Division 1 in relation to the alteration.(b) subject to paragraph (a)—plant specified in clause 94 (Mandatory design standards—particular risk control measures) and designed after the prescribed date is manufactured and inspected, and tested (if required), according to the relevant Standards set out in Schedule 1 (Standards covering design and manufacture of plant), having regard to the designer’s specifications, and(c) subject to paragraph (a) and so far as is reasonably practicable—plant specified in clause 94 and designed before the prescribed date is manufactured and inspected, and tested (if required), according to relevant Standards set out in Schedule 1, having regard to the designer’s specifications.(4) 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.Maximum penalty: Level 4.
104 Manufacture of powered mobile plant—particular risk control measures
(1) A manufacturer 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 manufactured 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.(2) Subclause (1) does not apply to the manufacturer of powered mobile plant intended for use in the underground parts of a mining workplace or a coal workplace.(3) Despite subclause (2), a person who manufactures 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:(a) the control measures provided by the designer in compliance with clause 93 (1) and (2), and(b) the safety requirements specified in subclause (1) of this clause,when determining measures to control the risk of overturning or of a falling object coming into contact with the operator.Maximum penalty: Level 4.
105 Manufacturer to provide information
(1) A manufacturer 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 those hazards,(c) eliminating or controlling those risks,(d) providing information.(2) In particular, a manufacturer of plant must ensure that a person supplying plant for use at work or plant affecting public safety is provided with:(a) the information provided to the manufacturer by the designer of the plant relating to the following:(i) the purpose for which the plant is designed,(ii) testing or inspections to be carried out on the plant,(iii) installation, commissioning, operation, maintenance, inspection, cleaning, transport, storage and, if the plant is capable of being dismantled, dismantling of the plant,(iv) systems of work necessary for the safe use of the plant,(v) knowledge, training or skill necessary for persons undertaking testing and inspection of the plant,(vi) emergency procedures, and(b) any document relating to the testing and inspection of the plant.(3) A manufacturer of plant who supplies plant for use at work or plant affecting public safety must ensure that the information specified in subclause (2) is provided to the owner or purchaser of the plant.(4) If, after the supply of a particular item of plant, a fault is found in plant of the same kind that may affect health or safety, the manufacturer must take all reasonable steps to advise the owner of the particular item of plant of the fault and provide the owner with details as to what steps are required to rectify the fault.Maximum penalty: Level 4.
106 Manufacturer to obtain information
(1) A manufacturer of plant must obtain such available information as is necessary to enable the manufacturer to fulfil the manufacturer’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) A manufacturer must obtain the information that a designer is required to provide to the manufacturer under clause 96 (2).Maximum penalty: Level 4.