Safe_Design_Manufacture_Import_and_Supply_of_Plant.doc

12 who has health and safety duties in relation to

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1.2 Who has health and safety duties in relation to plant? A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking. This duty includes ensuring, so far as is reasonably practicable: the provision and maintenance of safe plant, and the safe use, handling, storage and transport of plant. Persons who conduct a business or undertaking involving the management or control of fixtures, fittings or plant at a workplace must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person. Designers, manufacturers, suppliers, importers and installers of plant must also ensure, so far as is reasonably practicable, that the plant they design, manufacture, import, supply or install is without risks to health and safety. The WHS Regulations include more specific duties for designers, manufacturers, importers and suppliers of plant in relation to the risks of confined spaces, noise and musculoskeletal disorders. As there are generally a number of people involved with plant during its lifecycle (i.e. from its design through to its use and eventual disposal), a person can have more than one duty and more than one person can have the same duty at the same time. In some circumstances, a manufacturer, importer or supplier of plant will also have the duties of a designer. Officers, for example, company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks that arise from plant used in the workplace. Workers have a duty to take reasonable care for their own health and safety and must not adversely affect the health and safety of other persons. Workers must comply with any reasonable instruction and cooperate with any reasonable policy or procedure relating to health and safety at the workplace. 1.3 What is required to manage health and safety risks associated with plant? R. 34-38: In order to manage risk under the WHS Regulations, a duty holder must: identify reasonably foreseeable hazards that could give rise to the risk eliminate the risk so far as is reasonably practicable if it is not reasonably practicable to eliminate the risk, minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of control SAFE WORK AUSTRALIA MEMBERS’ MEETING 6 30 SEPTEMBER 2010 PAGE 7 OF 52
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maintain the implemented control measure so that it remains effective review, and if necessary revise, risk control measures so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.
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