Document ID: chunk:federal_register_of_legislation:F2016L00422:body:0:p5
Version: federal_register_of_legislation:F2016L00422
Segment Type: other
Provision Reference: 
Character Range: 10229–12945

of that plant for the period that you have hired it for and will have responsibility for ensuring health and safety together with the person you have hired or leased it from.
If you conduct a business or undertaking that installs, commissions, maintains, operates, tests, repairs or carries out any other activity associated with plant in workplaces, even if you do not own the plant, you will be a person with management or control of the plant. This is because you have a degree of control over the plant during the period of the activity. In these situations you will have responsibility for managing risks associated with the plant together with other duty holders, such as the owner of the plant.
Officers, for example company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks that arise from plant used in the workplace.
Workers have a duty to take reasonable care for their own health and safety and must not adversely affect the health and safety of other persons. Workers must comply with any reasonable instruction and cooperate with any reasonable policy or procedure relating to health and safety at the workplace.

1.3 Other persons with duties related to plant
Designers, manufacturers, suppliers, importers and installers of plant must also ensure, so far as is reasonably practicable, that the plant is without risks to health and safety.

Designers
The safe design of plant plays a critical role in eliminating hazards and risks before plant is introduced in the workplace.
A designer is a person who conducts a business or undertaking that designs, redesigns or alters the design of plant or any part of the plant that is to be used or could reasonably be expected to be used at a workplace.
Designers have a duty to ensure, so far as is reasonably practicable, that the plant is without risks to health and safety to workers throughout the life of the plant. Among other things, designers must also provide specific information to the manufacturer. If the manufacturer advises the designer that there are safety issues with the design, the designer must revise the information to take account of these concerns, or tell the manufacturer in writing the reasons why such revision is not necessary. Designers must also carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary to ensure the plant is safe and without risks to health and safety.

Manufacturers
Manufacturers have a duty to ensure,