Victorian Consolidated Regulations

8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 3.5.12.

Control of risk

3.5.12. Control of risk



(1) A manufacturer of plant must-

   (a)  ensure that the plant is manufactured and inspected having regard to
        the information provided to the manufacturer by the designer of the
        plant under section 27(1)(c) of the Act and Division 2; and

   (b)  if the information provided to the manufacturer by the designer of the
        plant under section 27(1)(c) of the Act and Division 2 requires the
        plant to be tested, ensure that the plant is tested in accordance with
        that information; and

   (c)  ensure that if, during the manufacturing process, any hazard is
        identified in the design of the plant for which the designer has not
        provided a risk control-

   (i)  that hazard is not incorporated into the manufacture of the plant; and

   (ii) the designer of the plant is advised in writing of the hazard as soon
        as is reasonably possible; and

   (iii) reasonable steps are taken to consult with the designer of the plant
        regarding the alteration of the design to rectify the hazard; and

   (d)  if it is not possible to advise the designer of the hazard in
        accordance with paragraph (c)(ii), ensure that-

   (i)  the risk is eliminated, so far as is reasonably practicable; or

   (ii) if it is not reasonably practicable to eliminate the risk, the risk is
        reduced so far as is reasonably practicable. Note Act
        compliance-section 29 (see regulation 1.1.7).

(2) A manufacturer to whom subregulation (1)(c) applies must not manufacture
the plant until-

   (a)  the designer gives the manufacturer the revised information or written
        instruction under regulation 3.5.9; or

   (b)  the manufacturer eliminates or reduces the risk in accordance with
        subregulation (1)(d).

Note Act compliance-section 29 (see regulation 1.1.7).

(3) If the designer instructs a manufacturer of plant in accordance with
regulation 3.5.9(b), the manufacturer may proceed in accordance with the
designer's original information.