Queensland Consolidated Acts

MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 41

41 Obligations of designers, manufacturers, importers and suppliers of plant etc. for use at mines

(1) A designer or importer of plant for use at a mine has an obligation to ensure the plant is designed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.

(2) A manufacturer or importer of plant for use at a mine has an obligation to ensure the plant is constructed so that, when used properly, the risk to persons from the use of the plant is at an acceptable level.

(3) A designer, manufacturer or importer of plant for use at a mine has an obligation to ensure the plant undergoes appropriate levels of testing and examination to ensure compliance with the obligation imposed by subsection (1) or (2) .

(4) Also, a designer, manufacturer, importer or supplier of plant for use at a mine has the following obligations—

(a) to take all reasonable steps to ensure appropriate information about the safe use of the plant is available, including information about the maintenance necessary for the safe use of the plant;

(b) if the designer, manufacturer, importer or supplier becomes aware of a hazard or defect associated with the plant that may create an unacceptable level of risk to users of the plant, to inform the chief inspector of—

(i) the nature of the hazard or defect and its significance; and

(ii) any modifications or controls of which the designer, manufacturer, importer or supplier is aware that have been developed to eliminate or correct the hazard or defect or manage the risk; and

(iii) the name of each operator or contractor to whom the designer, manufacturer, importer or supplier has supplied the plant; and

(iv) the steps taken to notify the operators and contractors about the matters mentioned in subparagraphs (i) and (ii) ;

(c) to take the action the chief inspector reasonably requires to prevent the use of unsafe plant anywhere.

Example of subsection (4)(c)—

The chief inspector may require a designer, manufacturer, importer or supplier of plant to recall the plant to prevent its use.

(5) For subsection (4) (a) , information is
"appropriate" if the information states—

(a) the use for which the plant has been designed and tested; and

(b) any conditions that must be followed if the plant is to be used safely so that risk to persons is at an acceptable level.

(6) If a supplier of plant becomes aware of a hazard or defect associated with the plant the supplier has supplied to an operator for a mine or to a contractor for use at a mine that may create an unacceptable level of risk to users of the plant, the supplier has an obligation to take all reasonable steps to inform the operator or contractor—

(a) of the nature of the hazard or defect and its significance; and

(b) any modifications or controls the supplier is aware of that have been developed to eliminate or correct the hazard or defect or manage the risk.