Duties of manufacturers in relation to plant and substances
10 Duties of manufacturers in relation to plant and substances
A manufacturer of plant that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps—
to ensure the plant is so designed and constructed as to be, when properly used, safe and without risk to health; and
to carry out, or cause to be carried out, the research, testing and examination necessary in order to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the plant; and
to make available, in connection with the use of the plant at a facility, adequate written information about—
the use for which it is designed and has been tested; and
details of its design and construction; and
any conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe and without risk to health.
Maximum penalty—300 penalty units.
A manufacturer of a substance that the manufacturer ought reasonably to expect will be used by members of the workforce at a facility must take all reasonably practicable steps—
to ensure the substance is so manufactured as to be, when properly used, safe and without risk to health; and
to carry out, or cause to be carried out, the research, testing and examination necessary to discover, and to eliminate or minimise, any risk to health and safety that may arise from the use of the substance; and
to make available, in connection with the use of the substance at a facility, adequate written information concerning—
the use for which it is manufactured and has been tested; and
details of its composition; and
any conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe and without risk to health; and
the first aid and medical procedures that should be followed if the substance causes injury.
Maximum penalty—300 penalty units.
Subsection (4) applies if—
plant or a substance is imported into Australia by a person (the importer) who is not its manufacturer; and
at the time of the importation, the manufacturer of the plant or substance does not have a place of business in Australia.
The importer is taken, for this section, to be the manufacturer of the plant or substance.
This section does not affect the operation of another law of the State that imposes an obligation on a manufacturer in relation to defective goods or in relation to information to be supplied in relation to goods.
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