New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 295

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.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(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 subclause (1) in relation to that design.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.