Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 193

  (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 these Regulations;

  (b)   if the information provided to the manufacturer by the designer of the plant under the Act and these Regulations 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.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

Penalty:   The tier E monetary penalty.

  (2)   A manufacturer of plant must ensure that, if it is not possible to notify the designer of the hazard in accordance with subregulation   (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 regulation   9).

  (3)   A manufacturer to whom paragraph   (1)(c) applies must not manufacture the plant until:

  (a)   the designer gives the manufacturer the revised information or written instruction under regulation   188; or

  (b)   the manufacturer eliminates or minimises the risk under subregulation   (2).

Note:   WHS Act--section   23 (see regulation   9).

  (4)   If the designer notifies a manufacturer of plant under regulation   188, the manufacturer may proceed in accordance with the designer's original information.