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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 18 September 2019 at 23:35)
Chapter 5 Part 5.1 Division 3
Division 3 Duties of persons conducting businesses or undertakings that manufacture plant
193   Control of risk
(1)  A manufacturer of plant must ensure the following:
(a)  that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and this Regulation,
(b)  if the information provided to the manufacturer by the designer of the plant under the Act and this Regulation requires the plant to be tested—that the plant is tested in accordance with that information,
(c)  if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure:
(i)  that the hazard is not incorporated into the manufacture of the plant, and
(ii)  that the designer of the plant is given written notice of the hazard as soon as practicable, and
(iii)  that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subclause (1):
(a)  the risk is eliminated, so far as is reasonably practicable, or
(b)  if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.
Note.
 WHS Act—section 23 (see clause 9).
(3)  A manufacturer to whom subclause (1) (c) applies must not manufacture the plant until:
(a)  the designer gives the manufacturer the revised information or written instruction under clause 188, or
(b)  the manufacturer eliminates or minimises the risk under subclause (2).
Note.
 WHS Act—section 23 (see clause 9).
(4)  If the designer notifies a manufacturer of plant under clause 188, the manufacturer may proceed in accordance with the designer’s original information.
194   Guarding
(1)  A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A manufacturer of plant must ensure:
(a)  that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation, and
(b)  if the guarding is removed—that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
195   Information must be obtained and provided
A manufacturer of plant must:
(a)  take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 22 (4) (a) and (c) of the Act and clauses 187 and 188, and
(b)  ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under section 22 (4) (a) and (c) of the Act and clause 187, and
(c)  if the manufacturer acts in accordance with clause 193 (1) (c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22 (4) (a) and (c) of the Act and clause 188.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.