Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 22

22. (1) Without limiting the generality of what constitutes the taking of
reasonably practicable steps as required by section 16 or 17, for the purpose
of the application of that section in relation to the use of plant or a
substance, a person on whom an obligation is imposed under that section is to
be taken to have taken such reasonably practicable steps as that section
requires, in relation to the use of the plant or substance, to the extent
that:

   (a)  the person ensured, as far as is reasonably practicable, that the use
        of the plant or substance was in accordance with the information,
        supplied by the manufacturer or the supplier of the plant or
        substance, relating to health and safety in the use of the plant or
        substance; and

   (b)  it was reasonable for the person to rely on that information.

(2) Without limiting the generality of what constitutes the taking of
reasonably practicable steps as required by section 20, for the purpose of the
application of that section in relation to the erection or installation of
plant in a workplace, a person on whom an obligation is imposed under that
section is to be taken to have taken such reasonably practicable steps as that
section requires to the extent that:

   (a)  the person ensured, as far as is reasonably practicable, that the
        erection or installation of the plant was in accordance with
        information, supplied by the manufacturer or the supplier of the
        plant, relating to the erection or installation of the plant in a
        manner that ensures the health and safety of employees who use the
        plant; and

   (b)  it was reasonable for the person to rely on that information.

(3) Without limiting the generality of what constitutes the taking of
reasonably practicable steps as required by section 18 or 19 for the purpose
of the application of that section in relation to the carrying out of
research, testing and examination of plant or a substance, a person on whom an
obligation is imposed under that section is to be taken to have taken such
reasonably practicable steps as that section requires, in relation to the
carrying out of research, testing and examination of the plant or substance,
to the extent that:

   (a)  the research, testing or examination has already been carried out
        otherwise than by, or on behalf of, the person; and

   (b)  it was reasonable for the person to rely on that research, testing or
        examination.