206Proper use of plant and controls

206 Proper use of plant and controls

(1)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.

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)  In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.

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.

(3)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under regulation 39 .

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.