Duties of persons conducting businesses or undertakings that install, construct or commission structures
202 Duties of persons conducting businesses or undertakings that install, construct or commission structures
This section applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.
The person must ensure that the structure is installed, constructed or commissioned having regard to—
the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and this regulation; or
the instructions provided by a competent person to the extent that those instructions relate to health and safety.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Division 5.1.7 General duties of a person conducting a business or undertaking involving the management or control of plant
Note A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the dictionary, definition of person with management or control of plant at a workplace and the Act, s 21.
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