193Control of risk

193 Control of risk (1) A manufacturer of plant must ensure the following: (a) that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and these Regulations; (b) if the information provided to the manufacturer by the designer of the plant under the Act and these Regulations requires the plant to be tested – that the plant is tested in accordance with that information; (c) if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure: (i) that the hazard is not incorporated into the manufacture of the plant; and

Work Health and Safety (National Uniform Legislation) Regulations 2011 150 (ii) that the designer of the plant is given written notice of the hazard as soon as practicable; and (iii) that 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. (2) A manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subregulation (1): (a) the risk is eliminated, so far as is reasonably practicable; or (b) if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable. WHS (NUL) Act – section 23 (see regulation 9). (3) 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 188; or (b) the manufacturer eliminates or minimises the risk under WHS (NUL) Act – section 23 (see regulation 9). (4) If the designer notifies a manufacturer of plant under regulation 188, the manufacturer may proceed in accordance with the designer's original information.

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