295Designer must give safety report to person who commissions design

295 Designer must give safety report to person who commissions design

295 Designer must give safety report to person who commissions design

(1) The designer of a structure or a part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware—

(a) create a risk to the health or safety of persons who are to carry out construction work on the structure or part, and

(b) are associated only with the particular design and not with other designs of the same type of structure.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.

(2) If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subsection (1) in relation to that design.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.