Plant, structures, and substances used at work must be safe to use when properly used. Businesses at all stages of the design, manufacture, import, supply, installation, construction, or commissioning have a duty under work health and safety laws to ensure the safety of the product they’re involved with, whether it’s a machine, a chemical, or a building. Architects and builders have this duty as well.

Details of the duties of each of these parties under health and safety laws are set out in the relevant section here. 

Designers of plant, substances, or structures 

To make sure the plant (machinery, equipment, and appliances), substance, or structure is safe for everyone involved in its use, including people who store or handle the plant or substance and people who construct the structure, designers need to consider the safety of people involved in any reasonably foreseeable activity at a workplace in relation to: 

  • the manufacture, assembly, or use of the plant for its intended purpose 
  • the proper storage, decommissioning, dismantling or disposal of the plant 
  • the manufacture or use of the substance for its intended purpose 
  • the proper handling, storage, or disposal of the substance 
  • the manufacture, assembly, or use of the structure for a purpose for which it was designed, or 
  • the proper demolition or disposal of the structure. 

Examples of such activities include inspection, operation, cleaning, maintenance, or repair of plant. 

Designers must also consider the safety of people who are at or in the vicinity of a workplace and who are exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by any such activity. 

Designers must carry out, or arrange the carrying out of, any calculations, analysis, testing, or examination that may be necessary for the performance of this duty, and they must give adequate information to each person who is provided with the design for the purpose of giving effect to it concerning: 

  • each purpose for which the plant, substance, or structure was designed 
  • the results of any relevant calculations, analysis, testing, or examination, including (in relation to a substance) any hazardous properties of the substance identified by testing, and 
  • any conditions necessary to ensure that the plant, substance, or structure is without risks to health and safety when used for a purpose for which it was designed or when carrying out any associated activity such as cleaning, maintenance, or repair. 

Designers must, so far as is reasonably practicable, give current relevant information on such matters to people undertaking workplace activities in relation to the plant, substance, or structure. 

Manufacturers of plant, substances, or structures 

Manufacturers of plant, substances, or structures to be used (or that could reasonably be expected to be used) at a workplace have duties corresponding to designers’ duties. They must think about any reasonably foreseeable activity at a workplace in relation to what it is they manufacture, anticipate risks, and take steps to eliminate or minimise the risks. 

Likewise, manufacturers must also consider the safety of people who are at or in the vicinity or otherwise exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by any such activity. 

Manufacturers must ensure the appropriate calculations, analysis, testing, or examination is carried out so that safety can be assured, and they must give adequate information to each person they provide with the plant, substance, or structure. 

The information they must provide is the same as that required of designers (see above). 

If during the manufacture of plant, the manufacturer becomes aware of any hazard in the design of the plant, for which the designer has not provided a control measure, the manufacturer must not incorporate the hazard into the manufacture but must get in touch with the designer and liaise with that person to alter the design in such a way as to rectify the hazard. 

Manufacturers must, so far as is reasonably practicable, give current relevant information, on request, on such matters to people undertaking workplace activities in relation to the plant, substance, or structure. 

These duties also extend to the manufacture of components for, or accessories to, any plant for use by people at work. 

In general, manufacturers should ensure that they: 

  • maintain the prescribed standard of quality so that WHS is maintained 
  • investigate possible problems or issues with their goods and services so that accidents are prevented 
  • keep up to date with developments in their areas of business and research so the best results are achieved with safety and health in mind 
  • understand the law sufficiently well so that legal compliance is achieved 
  • keep themselves informed of court cases that may impact on their businesses in relation to WHS, and 
  • seek feedback and act on feedback on their products and services so that WHS is enhanced. 

In addition to manufacturers’ key responsibilities, they have additional duties in relation to particular issues or circumstances. For example, in the event that a worker’s exposure to a hazardous chemical has resulted in illness, and if the medical practitioner reasonably believes that knowing the chemical identity of an ingredient of a hazardous chemical may help to treat a patient, the manufacturer or importer of the chemical must give the registered medical practitioner the chemical identity of the ingredient of the hazardous chemical as soon as practicable, on request.  

Importers of plant, substances, or structures 

Businesses that import plant or a substance into the country/state/territory assume the duties of the manufacturer (see above).  

These duties also extend to the import of components for, or accessories to, any plant for use by people at work. 

Suppliers of plant, substances, or structures 

A business or undertaking that supplies plant, substances or structures to be used (or that could reasonably be expected to be used) at a workplace has the same duties as designers and manufacturers to assure (as far as reasonably practicable) the safety of working people using whatever it is they supply. 

Suppliers must take the same things into account and designers, manufacturers, and imports, and must carry out, or arrange the carrying out of, the relevant calculations, analysis, testing, or examination – as necessary – to fulfil their duty. 

They must also give adequate information to each person to whom they supply the plant, substance, or structure (corresponding to the information to be provided by manufacturers).  

Leasing, hiring, sale, or transfer 

If the plant or substance is sold, transferred, leased, or hired, whether as principal or agent, the duties still apply. The duties extend to the supply of the plant or substance to a person for the purpose of supplying to others.

Installers of plant or structures 

Persons who install, construct, or commission plant or structures in a workplace must take all reasonably practicable steps to ensure that the way in which such activities are carried out does not present a risk to the health or safety of anyone installing or using the plant or structure for its intended purpose. 

In addition, the installation, construction, and commissioning must not put at risk the health or safety of anyone carrying out any reasonably foreseeable activity at a workplace in relation to the proper use, decommissioning or dismantling of the plant or demolition or disposal of the structure. 

Similarly, the health or safety of anyone in the vicinity of the workplace must not be adversely affected by the process of installation, use, decommissioning, dismantling, demolition, or disposal of the plant or structure. 

Persons who install, construct, or commission plant or structures in a workplace will be considered to have fulfilled these duties if they ensured, as far as is reasonably practicable, that the installation, construction, or commissioning was in accordance with the manufacturer’s or the supplier’s instructions, or an approved code of practice, and it was reasonable to rely on that information.