Under the Model Work Health and Safety Regulations (Model WHS Regulations), specific duties relating to plant safety are imposed upon a person conducting a business or undertaking (PCBU) who manages or controls plant. Separate obligations are imposed on those who:
- design
- manufacture
- construct
- import
- supply
- commission, or
- install plant.
The coverage of the Model WHS Regulations is wide and a number of duty holders will have obligations under the Model WHS Regulations. As an example, designers will be obliged to identify potential hazards in plant during the design process and supply information about this to manufacturers.
The principal duty imposed by the Model WHS Regulations will require a PCBU to control risk in relation to the use and operation of plant.
What are the registration requirements under the Model WHS Regulations?
The Model WHS Regulations introduce registration requirements which are considerably more extensive that those which currently exist in WA, Victoria and the ACT. Designers of certain types of high risk plant (such as boilers and pressure vessels, tower cranes and lifts) will be required to register designs with the regulator. High risk plant must conform to relevant technical standards and engineering principles.
To ensure that specified items of high risk plant will be inspected for safe operation prior to use, annual registration requirements are also imposed upon PCBUs. PCBUs must annually notify the regulator of plant maintenance in order to maintain registration.
In addition, PCBUs will be required to keep records for a period up to the life of certain plant, including records of inspections, maintenance and alterations.
Specific types of plant including earthmoving machinery, cranes and scaffolds, are subject to additional safety duties prescribed by the Model WHS Regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.