Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 28

Duties of designers of buildings or structures

28. Duties of designers of buildings or structures



(1) A person who designs a building or structure or part of a building or
structure who knows, or ought reasonably to know, that the building or
structure or the part of the building or structure is to be used as a
workplace must ensure, so far as is reasonably practicable, that it is
designed to be safe and without risks to the health of persons using it as a
workplace for a purpose for which it was designed.

Penalty: 500 penalty units for a natural person; 2500 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).