295Designer 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 any 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 any 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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

(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 subregulation (1) in relation to that design.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.