REVIEW FURTHER DUTIES RELATING TO PLANT,
SUBSTANCES OR STRUCTURES
The national Work Health and Safety (WHS) laws commence in 2012 and will
bring change. You need to know what this will mean for your business. For
example under the WHS Act a person conducting a business or undertaking
(PCBU) has a primary duty of care. In relation to plant, substances or structures
there are further specific or ‘upstream’ duties which may apply for certain PCBUs.
These may not be immediately clear but need to be understood.
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What do the further specific duties refer to?
The primary duty of care for a person conducting a business or undertaking
(PCBU) is as far as is reasonably practicable to look after the health and safety of
workers including workers who are performing activities for the PCBU. This duty
includes the following and means that a PCBU must as far as is reasonably
practicable:
 not put people at risk
 provide and maintain a safe working environment
 provide and maintain safe plant and structures including their handling and
storage
 provide safe systems of work
 provide information and training to protect people from health and safety
risks
This duty is found in the WHS Act section 19
Providing plant, substances and structures that are safe is a complex issue, from
the design stage right through to installation and maintenance and often involves
more than one business in the process. To cover this interaction some specific
duties are included in both the WHS Act and Regulations in relation to:
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control of fixtures, fittings and plant at workplaces
design of plant, substances or structures
manufacture of plant, substances or structures
the import of plant, substances or structures
the supply of plant, substances or structures
the installation, construction or commissioning of plant or structures
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Where are the specific duties described?
Information on the specific duties can be found in;
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The WHS Act sections 21-26
The WHS Regulations Chapter 5
Further duties for PCBUs who:
WHS Act
WHS Regulations
Control fixtures, fittings or plant at workplaces
Section 21
Chapter 1 Division 1
Design plant, substances or structures
Section 22
Chapter 5 Division 2
Manufacture plant, substances or structures
Section 23
Chapter 5 Division 3
Import plant, substances or structures
Section 24
Chapter 5 Division 4
Supply plant, substances or structures
Section 25
Chapter 5 Division 4
Install, construct or commission plant or structures
Section 26
Chapter 5 Division 5
Manage or control plant
Section 21
Chapter 5 Division 6
IMPORTANT NOTE: A decision has been made not to duplicate the obligations
established under the WHS Act. Therefore it is important that the obligations outlined in
the Regulations are read in conjunction with the relevant sections of the Act. If read
alone the information in the Regulations could be misinterpreted.
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What are the key points of the further duties?
It is important to understand that more than one PCBU can hold the same duty at
the same time as another, and that one PCBU can hold more than one duty at
the same time. That is:
 One PCBU, many duties
 Many PCBUs, same duty
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There may be overlapping duties too. The WHS laws create duties to eliminate or minimise risk and pass information from
one duty holder to another for all plant. The Regulations also set up additional duties including the need to have
communications between designer and manufacturer if hazards are identified during manufacture, and to identify faults and
communicate those faults. This includes second-hand plant.
It is critical, and therefore it is the law, that PCBUs consult with each other so that a co-operative and co-ordinated approach
is used to ultimately achieve the goal of having plant that is safe.
Key Obligations of PCBUs with Further Duties in Relation to Plant
Obligations
Designers
Manufacturers
Importers
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Installers
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Risk control – guarding
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Risk control emergency stops
Risk control - warning
devices
Provision of information
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Information – training
Provision of information
– 2nd hand plant
Preventing unauthorized
alterations or
interference with plant
Obligations
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Controllers
Risk control - general
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Suppliers
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Designers
Manufacturers
Importers
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Suppliers
Installers
Controllers
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Proper use of plant
Records – keeping
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Records – inspection by
regulator
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IMPORTANT NOTE: The information contained in this matrix is for guidance purposes only. For information about the legal obligations
of the person conducting a business or undertaking in relation to plant the WHS Act and Regulations should be read in conjunction with
one another.
Disclaimer Statement This guidance material is provided to members of The Australian Industry Group as a general information service and is not represented as constituting legal advice. Although every effort has been made to ensure that the contents of this guidance material are accurate, The Australian Industry Group does not warrant the accuracy or otherwise of any statements made by any person or organisation in this material. None of the authors or editors shall have any responsibility for any error or omission in this material. The Australian Industry Group for itself and the authors hereby disclaims all liability to any person in respect of any reliance by any person in whole or in part on the contents of this guidance material. Page 4 of 4