New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 22

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).