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Tasmania Legislation

Specific Plant & Equipment Obligations

 

The Act

 

Use of Plant

 

Section 9       Duties of employers

 

(1)      An employer must, in respect of each employee employed by the employer, ensure    so far as is reasonably practicable that the employee is, while at work, safe from injury and risks to health and, in particular, must –

 

(a) provide and maintain so far as is reasonably practicable –

(i) a safe working environment; and

(ii) safe systems of work; and

(iii) plant and substances in a safe condition; and

(b) provide facilities of a prescribed kind for the welfare of employees at any workplace that is under the control or management of the employer; and

(c) provide any information, instruction, training and supervision reasonably necessary to ensure that each employee is safe from injury and risks to health.

 

Design/Manufacture/Supply of Plant

 

Section 14     Duties of designers, manufacturers, importers, suppliers and installers

 

(1)      A person who designs, manufactures, imports or supplies any plant or structure for use at a workplace must so far as is reasonably practicable –

 

(a) ensure that the design and construction of the plant or structure is such that persons who use the plant or structure properly are not, in doing so, exposed to risks to their health and safety; and

 

(b) when the plant or structure is supplied, ensure that adequate information is supplied in respect of –

 

(i) any dangers associated with the plant or structure; and

 

(ii) the conditions necessary to ensure that persons using the plant or structure properly are not, in doing so, exposed to risks to their health and safety.

 

(2)      A person who manufactures, imports or supplies any substance for use at a    workplace must ensure so far as is reasonably practicable that adequate toxicological data, and information concerning potential risks to health and safety, in respect of the substance as is relevant to the safe use, handling, processing, storage, transportation and disposal of the substance, is           provided        with the substance when the substance is supplied.

 

(3)      A person who installs any plant or structure for use at a workplace or installs a temporary public stand must ensure so far as is reasonably practicable that it is   installed so that persons who use the plant, structure or temporary public stand properly are not subjected to any risks to their health or safety that arise from, or are increased by, the way in which the plant, structure or temporary public stand is installed.

 

          "structure" includes a component or fitting

 

The Regulations

 

The hazard identification, risk assessment and control process is embedded in the following clauses:

 

17      Hazards and risks in workplace

18      Risk assessment

19      Control of risk

20      Provision of information

 

Safe Use of Plant

 

26A     A person must not use an item of plant for a purpose other than a purpose for which it was designed.

 

The following section outlines specific plant provisions in Division 3 of the regulations.

 

Division 3 - Plant

 

Subdivision 1 - Specific duties for control of risk

 

80.     Electrical installations

81.     Plant under pressure

82.     Amusement structures

83.     Maintenance during operation

84.     Lock-off requirements

85.     Repair

86.     Explosive-powered tools

88.     Hoisting appliances and cranes

89.     Brittle roofs

90.     Alteration

91.     Disposal of plant

93.     Hiring of plant

94.     Ladders

95.     Record keeping

 

Subdivision 2 - Registration of plant designs and items of plant

 

96.     Registration of plant design

97.     Application for registration of plant design

98.     Signing of statements

99.     Grant or refusal of application for registration of plant design

100.    Provision of registration number

101.    Disclosure of information

102.    Registration of items of plant

103.    Application for registration of item of plant

104.    Grant or refusal of application for registration of plant

105.    Invalidation of registration of item of plant or plant design

106.    Change in ownership of plant

 

Guidance Material

 

Codes of Practice

 

Relevant codes of practice are as follows:

 

Forest Safety Code (Tasmania) 2007

 

http://www.wst.tas.gov.au/__data/assets/pdf_file/0009/81873/COP006.pdf

 

Sawmilling Standards and Codes

 

In 2004 the Code of Practice for Sawmilling and Timber Operations was completely reviewed, re-written and published in 4 parts by the Tasmanian Forest Industry Training Board Inc. in hard copy and CD ROM.

 

The Tasmanian Code of Practice for Sawmilling and Timber Operations may be obtained from the Tasmanian Forest Industry Training Board Inc.