193Control of risk

193 Control 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 this regulation,

(b) if the information provided to the manufacturer by the designer of the plant under the Act and this regulation requires the plant to be tested—that the plant is tested in accordance with that information,

(c) if, during the manufacturing process, a 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

(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.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) A manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subsection (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.

Note—

WHS Act, section 23—see this regulation, section 9.

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

(a) the designer gives the manufacturer the revised information or written instruction under section 188, or

(b) the manufacturer eliminates or minimises the risk under subsection (2).

Note—

WHS Act, section 23—see this regulation, section 9.

(4) If the designer notifies a manufacturer of plant under section 188, the manufacturer may proceed in accordance with the designer’s original information.