ARTICLE · 15 MARCH 2011

Plant safety and the Model laws

Norton Rose Fulbright Australia

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Under the Model Work Health and Safety Regulations (Model WHS Regulations), specific duties relating to plant safety are imposed upon a person conducting a business or undertaking (PCBU) who manages or controls plant.

AustraliaEmployment and HR

Michael Tooma (Formerly With Norton Rose Fulbright Australia)

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Under the Model Work Health and Safety Regulations (Model WHS Regulations), specific duties relating to plant safety are imposed upon a person conducting a business or undertaking (PCBU) who manages or controls plant. Separate obligations are imposed on those who:

design
manufacture
construct
import
supply
commission, or
install plant.

The coverage of the Model WHS Regulations is wide and a number of duty holders will have obligations under the Model WHS Regulations. As an example, designers will be obliged to identify potential hazards in plant during the design process and supply information about this to manufacturers.

The principal duty imposed by the Model WHS Regulations will require a PCBU to control risk in relation to the use and operation of plant.

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