18Duties of manufacturers in relation to plant and substances

#### 18 Duties of manufacturers in relation to plant and substances (1) A manufacturer of any plant that the manufacturer ought reasonably to expect will be used by employees at work must take all reasonably practicable steps: (a) to ensure that the plant is so designed and constructed as to be, when properly used, safe for employees and without risk to their health; and (b) to carry out, or cause to be carried out, the research, testing and examination necessary in order to discover, and to eliminate or minimise, any risk to the health or safety of employees, that may arise from the use of the plant; and (c) to make available to an employer, in connection with the use of the plant by employees at work, adequate information concerning: (i) the use for which it is designed and has been tested; and (ii) details of its design and construction; and (iii) any conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe for employees and without risk to their health. > Note: A manufacturer who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2). (2) A manufacturer of any substance that the manufacturer ought reasonably to expect will be used by employees at work must take all reasonably practicable steps: (a) to ensure that the substance is so manufactured as to be, when properly used, safe for employees and without risk to their health; and (b) to carry out, or cause to be carried out, the research, testing and examination necessary in order to discover, and to eliminate or minimise, any risk, to the health and safety of employees, that may arise from the use of the substance; and (c) to make available to an employer, in connection with the use of the substance by employees at work, adequate information concerning: (i) the use for which it is manufactured and has been tested; and (ii) details of its composition; and (iii) any conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe for employees and without risk to their health; and (iv) the first aid and medical procedures that should be followed if the substance causes injury. > Note: A manufacturer who breaches subsection (2) may be subject to civil action or a criminal prosecution (see Schedule 2). (3) Where: (a) plant or a substance is imported into Australia by a person who is not the manufacturer of the plant or substance; and (b) at the time of the importation the manufacturer of the plant or substance does not have a place of business in Australia; the first‑mentioned person must, for the purposes of this section, be taken to be the manufacturer of the plant or substance. (4) Nothing in this section affects the operation of the Competition and Consumer Act 2010, or of any other law of the Commonwealth, a State or a Territory that imposes an obligation on a manufacturer in respect of defective goods or in respect of information to be supplied in relation to goods.