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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 25 November 2017 at 01:54)
Part 2 Division 3
Division 3 Further duties of persons conducting businesses or undertakings
20   Duty of persons conducting businesses or undertakings involving management or control of workplaces
(1)  In this section, person with management or control of a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control, in whole or in part, of the workplace but does not include:
(a)  the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking, or
(b)  a prescribed person.
(2)  The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.
21   Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces
(1)  In this section, person with management or control of fixtures, fittings or plant at a workplace means a person conducting a business or undertaking to the extent that the business or undertaking involves the management or control of fixtures, fittings or plant, in whole or in part, at a workplace, but does not include:
(a)  the occupier of a residence, unless the residence is occupied for the purposes of, or as part of, the conduct of a business or undertaking, or
(b)  a prescribed person.
(2)  The person with management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person.
22   Duties of persons conducting businesses or undertakings that design plant, substances or structures
(1)  This section applies to a person (the designer) who conducts a business or undertaking that designs:
(a)  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace, or
(b)  a substance that is to be used, or could reasonably be expected to be used, at a workplace, or
(c)  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)  The designer must ensure, so far as is reasonably practicable, that the plant, substance or structure is designed to be without risks to the health and safety of persons:
(a)  who, at a workplace, use the plant, substance or structure for a purpose for which it was designed, or
(b)  who handle the substance at a workplace, or
(c)  who store the plant or substance at a workplace, or
(d)  who construct the structure at a workplace, or
(e)  who carry out any reasonably foreseeable activity at a workplace in relation to:
(i)  the manufacture, assembly or use of the plant for a purpose for which it was designed, or the proper storage, decommissioning, dismantling or disposal of the plant, or
(ii)  the manufacture or use of the substance for a purpose for which it was designed or the proper handling, storage or disposal of the substance, or
(iii)  the manufacture, assembly or use of the structure for a purpose for which it was designed or the proper demolition or disposal of the structure, or
Example.
 Inspection, operation, cleaning, maintenance or repair of plant.
(f)  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
(3)  The designer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2).
(4)  The designer must give adequate information to each person who is provided with the design for the purpose of giving effect to it concerning:
(a)  each purpose for which the plant, substance or structure was designed, and
(b)  the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing, and
(c)  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or when carrying out any activity referred to in subsection (2) (a)–(e).
(5)  The designer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a)–(e).
23   Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures
(1)  This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures:
(a)  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace, or
(b)  a substance that is to be used, or could reasonably be expected to be used, at a workplace, or
(c)  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)  The manufacturer must ensure, so far as is reasonably practicable, that the plant, substance or structure is manufactured to be without risks to the health and safety of persons:
(a)  who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured, or
(b)  who handle the substance at a workplace, or
(c)  who store the plant or substance at a workplace, or
(d)  who construct the structure at a workplace, or
(e)  who carry out any reasonably foreseeable activity at a workplace in relation to:
(i)  the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant, or
(ii)  the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance, or
(iii)  the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure, or
Example.
 Inspection, operation, cleaning, maintenance or repair of plant.
(f)  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
(3)  The manufacturer must carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2).
(4)  The manufacturer must give adequate information to each person to whom the manufacturer provides the plant, substance or structure concerning:
(a)  each purpose for which the plant, substance or structure was designed or manufactured, and
(b)  the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing, and
(c)  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2) (a)–(e).
(5)  The manufacturer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a)–(e).
24   Duties of persons conducting businesses or undertakings that import plant, substances or structures
(1)  This section applies to a person (the importer) who conducts a business or undertaking that imports:
(a)  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace, or
(b)  a substance that is to be used, or could reasonably be expected to be used, at a workplace, or
(c)  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)  The importer must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons:
(a)  who, at a workplace, use the plant, substance or structure for a purpose for which it was designed or manufactured, or
(b)  who handle the substance at a workplace, or
(c)  who store the plant or substance at a workplace, or
(d)  who construct the structure at a workplace, or
(e)  who carry out any reasonably foreseeable activity at a workplace in relation to:
(i)  the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant, or
(ii)  the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance, or
(iii)  the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure, or
Example.
 Inspection, operation, cleaning, maintenance or repair of plant.
(f)  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
(3)  The importer must:
(a)  carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2), or
(b)  ensure that the calculations, analysis, testing or examination have been carried out.
(4)  The importer must give adequate information to each person to whom the importer provides the plant, substance or structure concerning:
(a)  each purpose for which the plant, substance or structure was designed or manufactured, and
(b)  the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing, and
(c)  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2) (a)–(e).
(5)  The importer, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a)–(e).
25   Duties of persons conducting businesses or undertakings that supply plant, substances or structures
(1)  This section applies to a person (the supplier) who conducts a business or undertaking that supplies:
(a)  plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace, or
(b)  a substance that is to be used, or could reasonably be expected to be used, at a workplace, or
(c)  a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)  The supplier must ensure, so far as is reasonably practicable, that the plant, substance or structure is without risks to the health and safety of persons:
(a)  who, at a workplace, use the plant or substance or structure for a purpose for which it was designed or manufactured, or
(b)  who handle the substance at a workplace, or
(c)  who store the plant or substance at a workplace, or
(d)  who construct the structure at a workplace, or
(e)  who carry out any reasonably foreseeable activity at a workplace in relation to:
(i)  the assembly or use of the plant for a purpose for which it was designed or manufactured or the proper storage, decommissioning, dismantling or disposal of the plant, or
(ii)  the use of the substance for a purpose for which it was designed or manufactured or the proper handling, storage or disposal of the substance, or
(iii)  the assembly or use of the structure for a purpose for which it was designed or manufactured or the proper demolition or disposal of the structure, or
Example.
 Inspection, storage, operation, cleaning, maintenance or repair of plant.
(f)  who are at or in the vicinity of a workplace and who are exposed to the plant, substance or structure at the workplace or whose health or safety may be affected by a use or activity referred to in paragraph (a), (b), (c), (d) or (e).
(3)  The supplier must:
(a)  carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty imposed by subsection (2), or
(b)  ensure that the calculations, analysis, testing or examination have been carried out.
(4)  The supplier must give adequate information to each person to whom the supplier supplies the plant, substance or structure concerning:
(a)  each purpose for which the plant, substance or structure was designed or manufactured, and
(b)  the results of any calculations, analysis, testing or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing, and
(c)  any conditions necessary to ensure that the plant, substance or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2) (a)–(e).
(5)  The supplier, on request, must, so far as is reasonably practicable, give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2) (a)–(e).
26   Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
(1)  This section applies to a person who conducts a business or undertaking that installs, constructs or commissions plant or a structure that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)  The person must ensure, so far as is reasonably practicable, that the way in which the plant or structure is installed, constructed or commissioned ensures that the plant or structure is without risks to the health and safety of persons:
(a)  who install or construct the plant or structure at a workplace, or
(b)  who use the plant or structure at a workplace for a purpose for which it was installed, constructed or commissioned, or
(c)  who carry out any reasonably foreseeable activity at a workplace in relation to the proper use, decommissioning or dismantling of the plant or demolition or disposal of the structure, or
(d)  who are at or in the vicinity of a workplace and whose health or safety may be affected by a use or activity referred to in paragraph (a), (b) or (c).