OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 28 Duties of designers of buildings or structures

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 28

    (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 to s. 28(2) amended by No. 68/2009 s. 97(Sch. item 90.7).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).