Australian Capital Territory Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT (NO. 18 OF 1989) - SECT 32

32. (1) A manufacturer of any plant that the manufacturer ought reasonably to expect will be used by employees at work shall take all reasonably practicable steps—

        (a)     to ensure that the plant is so designed and constructed as to be, when properly used, safe for employees and without risk to their health;

        (b)     to carry out, or cause to be carried out, the research, testing or examination necessary in order to discover, and to eliminate or minimise, any risk to the health or safety of employees that may arise from the use of the plant; and

        (c)     to make available to an employer, in connection with the use of the plant by employees at work, adequate information concerning—

              (i)     the use for which it was designed and tested;

              (ii)     any conditions necessary to ensure that, when put to the use for which it was designed and tested, it will be safe for employees and without risk to their health; and

              (iii)     the proper maintenance of the plant.

Penalty:

        (a)     if the offender is a natural person—$20,000; or

        (b)     if the offender is a body corporate—$100,000.

(2) A manufacturer of any substance that the manufacturer ought reasonably to expect will be used by employees at work shall take all reasonably practicable steps—

        (a)     to ensure that the substance is so manufactured as to be, when properly used, safe for employees and without risk to their health;

        (b)     to carry out or cause to be carried out, the research, testing or examination necessary in order to discover, and to eliminate or minimise, any risk to the health and safety of employees that may arise from the use of the substance; and

        (c)     to make available to an employer, in connection with the use of the substance by employees at work, adequate information concerning—

              (i)     the use for which it was manufactured and tested;

              (ii)     details of its composition;

              (iii)     any conditions necessary to ensure that, when put to the use for which it was manufactured and tested, it will be safe for employees and without risk to their health; and

              (iv)     the first-aid and medical procedures that should be followed if the substance causes injury.

Penalty:

        (a)     if the offender is a natural person—$20,000; or

        (b)     if the offender is a body corporate—$100,000.

(3) Where—

        (a)     plant or a substance is brought into the Territory at any time by a person who is not the manufacturer of the plant or substance; and

        (b)     at that time the manufacturer of the plant or substance does not have a place of business in the Territory;

the first-mentioned person shall, for the purposes of this section, be taken to be the manufacturer of the plant or substance.