Western Australian Consolidated Acts

OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 23

23 .         Duties of manufacturers etc.

        (1)         A person that designs, manufactures, imports or supplies any plant for use at a workplace shall, so far as is practicable — 

            (a)         ensure that the design and construction of the plant is such that persons who properly install, maintain or use the plant are not in doing so, exposed to hazards;

            (b)         test and examine, or arrange for the testing and examination of, the plant so as to ensure that its design and construction are as mentioned in paragraph (a); and

            (c)         ensure that adequate information in respect of — 

                  (i)         any dangers associated with the plant;

                  (ii)         the specifications of the plant and the data obtained on the testing of the plant as mentioned in paragraph (b);

                  (iii)         the conditions necessary to ensure that persons properly using the plant are not, in so doing, exposed to hazards; and

                  (iv)         the proper maintenance of the plant,

                is provided when the plant is supplied and thereafter whenever requested.

        (2)         A person that erects or installs any plant for use at a workplace shall, so far as is practicable, ensure that it is so erected or installed that persons who properly use the plant are not subjected to any hazard that arises from, or is increased by, the way in which the plant is erected or installed.

        (3)         A person that manufactures, imports or supplies any substance for use at a workplace shall, so far as is practicable, ensure that adequate toxicological data in respect of the substance and such other data as is relevant to the safe use, handling, processing, storage, transportation and disposal of the substance is provided — 

            (a)         when the substance is supplied; and

            (b)         thereafter whenever requested.

        (3a)         A person that designs or constructs any building or structure, including a temporary structure, for use at a workplace shall, so far as is practicable ensure that the design and construction of the building or structure is such that — 

            (a)         persons who properly construct, maintain, repair or service the building or structure; and

            (b)         persons who properly use the building or structure,

                are not, in doing so, exposed to hazards.

        [Section 23 inserted by No. 43 of 1987 s. 13; amended by No. 30 of 1995 s. 17; No. 51 of 2004 s. 25, 81 and 103.]