New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 11

11 Duties of designers, manufacturers and suppliers of plant and substances for use at work

(1) A person who designs, manufactures or supplies any plant or substance for use by people at work must:

(a) ensure that the plant or substance is safe and without risks to health when properly used, and

(b) provide, or arrange for the provision of, adequate information about the plant or substance to the persons to whom it is supplied to ensure its safe use.

(2) The duties under this section:

(a) apply only if the plant or substance is designed, manufactured or supplied in the course of a trade, business or other undertaking (whether for profit or not), and

(b) apply whether or not the plant or substance is exclusively designed, manufactured or supplied for use by people at work, and

(c) extend to the design, manufacture or supply of components for, or accessories to, any plant for use by people at work, and

(d) extend to the supply of the plant or substance by way of sale, transfer, lease or hire and whether as principal or agent, and

(e) extend to the supply of the plant or substance to a person for the purpose of supply to others, and

(f) do not apply to a person merely because the person supplies the plant or substance in the course of a business of financing the acquisition of the plant or substance by a customer from another person.

(3) In this section, "manufacture" plant includes assemble, install or erect plant.