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 28 of the Criminal Procedure Act 2009).