South Australian Consolidated Acts South Australian Consolidated Acts24—Duties of manufacturers etc
(1) A person who
designs, manufactures, imports or supplies any plant to which this subsection
applies must—
(a)
ensure so far as is reasonably practicable that the plant is designed and
constructed so as to be safe—
(i)
when properly used and maintained; and
(ii)
when subjected to reasonably foreseeable forms of misuse;
and
(b)
ensure so far as is reasonably practicable that the plant is designed and
constructed so that people who might use, clean or maintain the plant are, in
doing so, safe from injury and risks to health; and
(c) take
such steps to test or examine, or arrange for the testing or examination of,
the plant as are reasonably necessary to ensure compliance with
paragraphs (a) and (b); and
(d)
ensure that the plant complies in all respects with prescribed requirements
(if any) applicable to it; and
(e)
ensure so far as is reasonably practicable that adequate information about any
conditions necessary to ensure the safe installation, use and maintenance of
the plant is supplied with the plant.
Maximum penalty:
(a) for
a first offence—Division 2 fine;
(b) for
a subsequent offence—Division 1 fine.
(2) A person who
erects, installs or modifies any plant to which this subsection applies must
ensure so far as is reasonably practicable that it will be safe—
(a) when
properly used and maintained; and
(b) when
subjected to reasonably foreseeable forms of misuse.
Maximum penalty:
(a) for
a first offence—Division 2 fine;
(b) for
a subsequent offence—Division 1 fine.
(2aa)
Subsections (1) and (2) apply to—
(a) any
plant that is to be used, or reasonably expected to be used, at a workplace;
and
(b)
without limiting the operation of paragraph (a), any plant to which this
Act extends by virtue of Schedule 2.
(2a) Without
derogating from the operation of subsections (1) and (2), where any
structure is to be erected in the course of any work—
(a) the
person who designs the structure must ensure so far as is reasonably
practicable that the structure is designed so that the persons who are
required to erect it are, in doing so, safe from injury and risks to health;
and
(b) any
person who manufactures any materials to be used for the purposes of the
structure must ensure so far as is reasonably practicable that the materials
are manufactured so that the persons who are required to erect the structure
are, in using, handling or otherwise dealing with the materials, safe from
injury and risks to health; and
(c) any
person who imports or supplies any materials to be used for the purposes of
the structure must ensure so far as is reasonably practicable that the
materials are in such a state as to be safe to any person who must use, handle
or otherwise deal with the materials; and
(d) the
person undertaking the erection of the structure must ensure so far as is
reasonably practicable that the structure is safe during the course of its
erection and subsequent use.
Maximum penalty:
(a) for
a first offence—Division 2 fine;
(b) for
a subsequent offence—Division 1 fine.
(3) A person who
manufactures, imports or supplies any substance for use at a workplace
must—
(a)
ensure so far as is reasonably practicable that the substance is in such a
state as to be safe—
(i)
when properly used, handled, processed, stored,
transported or disposed of; and
(ii)
when subjected to reasonably foreseeable forms of
improper use, handling, processing, storage, transportation or disposal; and
(b)
ensure so far as is reasonably practicable that the substance is in such a
state that persons who might use, handle, process, store, transport or dispose
of the substance are, in doing so, safe from injury and risks to health; and
(c) take
such steps to test or examine, or arrange for the testing or examination of,
the substance as are reasonably necessary to ensure compliance with
paragraphs (a) and (b); and
(d)
ensure that the substance complies in all respects with prescribed
requirements (if any) applicable to it; and
(e)
ensure so far as is reasonably practicable that adequate information about any
conditions necessary to ensure its safe use, handling, processing, storage,
transportation or disposal is provided in connection with the supply of the
substance.
Maximum penalty:
(a) for
a first offence—Division 2 fine;
(b) for
a subsequent offence—Division 1 fine.
(4) In this
section—
"structure" includes a part of a structure.