WORK HEALTH AND SAFETY ACT 2011 - SECT 25
Duties of persons conducting businesses or undertakings that supply plant, substances or structures
WORK HEALTH AND SAFETY ACT 2011 - SECT 25
Duties of persons conducting businesses or undertakings that supply plant, substances or structures
25 Duties of persons conducting businesses or undertakings that supply plant,
substances or structures
(1) This section applies to a person (the
"supplier" ) who conducts a business or undertaking that supplies—
(a) plant
that is to be used, or could reasonably be expected to be used, as, or at, a
workplace; or
(b) a substance that is to be used, or could reasonably be
expected to be used, at a workplace; or
(c) a structure that is to be used,
or could reasonably be expected to be used, as, or at, a workplace.
(2) The
supplier must ensure, so far as is reasonably practicable, that the plant,
substance or structure is without risks to the health and safety of persons—
(a) who, at a workplace, use the plant or substance or structure for a purpose
for which it was designed or manufactured; or
(b) who handle the substance at
a workplace; or
(c) who store the plant or substance at a workplace; or
(d)
who construct the structure at a workplace; or
(e) who carry out any
reasonably foreseeable activity at a workplace in relation to—
(i) the
assembly or use of the plant for a purpose for which it was designed or
manufactured or the proper storage, decommissioning, dismantling or disposal
of the plant; or
(ii) the use of the substance for a purpose for which it was
designed or manufactured or the proper handling, storage or disposal of the
substance; or
(iii) the assembly or use of the structure for a purpose for
which it was designed or manufactured or the proper demolition or disposal of
the structure; or
Example—
inspection, storage, operation, cleaning,
maintenance or repair of plant
(f) who are at or in the vicinity of a
workplace and who are exposed to the plant, substance or structure at the
workplace or whose health or safety may be affected by a use or activity
mentioned in paragraph (a) , (b) , (c) , (d) or (e) .
(a) carry out, or arrange the carrying out of, any calculations,
analysis, testing or examination that may be necessary for the performance of
the duty imposed by subsection (2) ; or
(b) ensure that the calculations,
analysis, testing or examination have been carried out.
(4) The supplier must
give adequate information to each person to whom the supplier supplies the
plant, substance or structure concerning—
(a) each purpose for which the
plant, substance or structure was designed or manufactured; and
(b) the
results of any calculations, analysis, testing or examination mentioned in
subsection (3) , including, in relation to a substance, any hazardous
properties of the substance identified by testing; and
(c) any conditions
necessary to ensure that the plant, substance or structure is without risks to
health and safety when used for a purpose for which it was designed or
manufactured or when carrying out any activity mentioned in subsection (2) (a)
to (e) .
(5) The supplier, on request, must, so far as is
reasonably practicable, give current relevant information on the matters
mentioned in subsection (4) to a person who carries out, or is to carry out,
any of the activities mentioned in subsection (2) (a) to (e) .