New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 7

7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation

(1) Section 10 (3) and (4) of the Act apply to the duties under this Regulation of a person who has control of premises used by people as a place of work.

The effect of subclause (1) is to provide that the duties under this Regulation of a person who has control of premises used by people as a place of work:

(a) do not apply to premises used only by employees of the controller, and (For the duties of an employer who is also the controller of the premises, see section 8 of the Act and the provisions of this Regulation imposing duties on employers.)

(b) do not apply to premises occupied only as a private dwelling, and

(c) end to the means of access to or exit from a place of work, and

(d) apply only if the premises are controlled in the course of a trade, business or other undertaking (whether for profit or not) of the controller.

If a controller of premises:

(a) has only limited control of the premises, any duty under this Regulation applies only to the matters over which the controller has control, or

(b) is a controller by virtue of having, under a contract or lease, an obligation to maintain or repair the premises, any duty under this Regulation applies only to the matters covered by the contract or lease.

(2) Section 11 (2) and (3) of the Act apply to the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety).

The principal effect of subclause (2) is to provide that the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety):

(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.