Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 29

Duties of manufacturers of plant or substances

29. Duties of manufacturers of plant or substances



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

   (a)  ensure, so far as is reasonably practicable, that it is manufactured
        to be safe and without risks to health if it is used for a purpose for
        which it was manufactured; 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 manufacturer
        provides the plant or substance concerning-

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

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

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

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

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).