(1) The person with
management or control of plant at a workplace must take all reasonable steps
to ensure that plant is used only for the purpose for which it was designed,
unless the person has determined that the proposed use does not increase the
risk to health or safety.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2) In determining
whether or not a proposed use of plant increases the risk to health or safety,
the person with management or control of the plant must ensure that the risk
associated with the proposed use is assessed by a competent person.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(3) The person with
management or control of plant at a workplace must take all reasonable steps
to ensure that all health and safety features and warning devices (including
guarding, operational controls, emergency stops and warning devices) are used
in accordance with the instructions and information provided by that person
under regulation 39.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.