Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 27

Duties of designers of plant

27. Duties of designers of plant



(1) A person who designs plant who knows, or ought reasonably to know, that
the plant is to be used at a workplace must-

   (a)  ensure, so far as is reasonably practicable, that it is designed to be
        safe and without risks to health if it is used for a purpose for which
        it was designed; and

   (b)  carry out, or arrange the carrying out, of such testing and
        examination as may be necessary for the performance of the duty
        imposed by paragraph (a); and

   (c)  give adequate information to each person to whom the designer gives
        the design and who is to give effect to it concerning-

   (i)  the purpose or purposes for which the plant was designed; and

   (ii) the results of any testing or examination referred to in paragraph
        (b); and

   (iii) any conditions necessary to ensure that the plant is safe and without
        risks to health if it is used for a purpose for which it was designed;
        and

   (d)  on request, give such information to a person who uses or is to use
        the plant.

Penalty: 1800 penalty units for a natural person; 9000 penalty units for a
body corporate.

(2) An offence against subsection (1) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).