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

(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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(2)  A manufacturer 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.

| Note | | WHS 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 .