85Control of risk

85 Control of risk

(1) A manufacturer of plant must—

(a) ensure that the plant is manufactured and inspected having regard to the information given 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 given 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 the 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 measure—

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

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

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

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

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

(a) the designer gives the manufacturer revised information under regulation 82(a); or

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

(3) If a designer gives a manufacturer of plant written information in accordance with regulation 82(b), the manufacturer may proceed in accordance with the designer's original information.