Document ID: chunk:federal_register_of_legislation:F2016L00422:body:0:p4
Version: federal_register_of_legislation:F2016L00422
Segment Type: other
Provision Reference: 
Character Range: 7834–10449

any component or function of the plant fails,
      a system exists to prevent any increase in the risks. For example, if the primary hoist brake fails on a crane lifting a person in a workbox, the secondary hoist brake will prevent uncontrolled dropping of the workbox. However, once the secondary brake is engaged, a lower level of safety has been reached. The situation must be made safe and the fault rectified so that the fail safe capability is re-established.

1.2 Who has health and safety duties in relation to plant at the workplace?
A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking. This duty includes ensuring, so far as is reasonably practicable:
    * the provision and maintenance of safe plant, and
    * the safe use, handling, storage and transport of plant.
Persons who conduct a business or undertaking involving the management or control of fixtures, fittings or plant at a workplace also have a duty to ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person.

The WHS Regulations include specific duties for persons who conduct a business or undertaking involving the management or control of plant (persons with management or control of plant) including requirements to:
    * manage the health and safety risks associated with plant
    * prevent unauthorised alterations to or interference with plant, and
    * use plant only for the purpose for which it was designed unless the proposed use does not increase the risk to health or safety.
As there are generally a number of people involved with plant during its lifecycle (for example from its design through to its use and eventual disposal), a person can have more than one duty and more than one person can have the same duty at the same time.

For example, if you own and operate plant in your workplace and you decide to modify it yourself, you will have the duties of a designer and manufacturer as well as a person with management or control of plant at the workplace.

If you own the plant, you will be the person with management or control of that plant. If you hire or lease an item of plant, you have management or control 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