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).