Why? > Australian Legislation & Harmonisation > VIC Legislation > Plant Specific Requirements
Victorian Legislation
Specific Plant & Equipment Obligations
The Act
Use of Plant
The Act incorporates a reference to Plant in the general duty sections set out below, note inclusion of the hazard identification, risk assessment and control process.
20 The concept of ensuring health and safety
(1) To avoid doubt, a duty imposed on a person by this Part or the regulations to ensure, so far as is reasonably practicable, health and safety requires the person—
(a) to eliminate risks to health and safety so far as is reasonably practicable; and
(b) if it is not reasonably practicable to eliminate risks to health and safety, to reduce those risks so far as is reasonably practicable.
(2) To avoid doubt, for the purposes of this Part and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring health and safety—
(a) the likelihood of the hazard or risk concerned eventuating;
(b) the degree of harm that would result if the hazard or risk eventuated;
(c) what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;
(d) the availability and suitability of ways to eliminate or reduce the hazard or risk;
(e) the cost of eliminating or reducing the hazard or risk.
Division 2—Main duties of employers
21 Duties of employers to employees
(1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.
(2) Without limiting sub-section (1), an employer contravenes that sub-section if the employer fails to do any of the following—
(a) provide or maintain plant or systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) make arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances;
(e) provide such information, instruction, training or supervision to employees of the employer as is necessary to enable those persons to perform their work in a way that is safe and without risks to health.
Design/Manufacture/Supply of Plant
The following sections clearly set out obligations of participants in the plant supply chain.
27 Duties of designers of plant
29 Duties of manufacturers of plant or substances
30 Duties of suppliers of plant or substances
31 Duties of persons installing, erecting or commissioning plant
The key duties that the above sections set out are as follows:
(a) ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to health if it is used for a purpose for which it was designed; and
(b) carry out, or arrange the carrying out, of such testing and examination as may be necessary for the performance of the duty imposed by paragraph (a); and
(c) give adequate information to each person to whom the designer gives the design and who is to give effect to it concerning—
(i) the purpose or purposes for which the plant was designed; and
(ii) the results of any testing or examination referred to in paragraph (b); and
(iii) any conditions necessary to ensure that the plant is safe and without risks to
health if it is used for a purpose for which it was designed; and
(d) on request, give such information to a person who uses or is to use the plant.
The Regulations
The Regulation clearly spells out that the hazard identification, risk assessment and control process is to be followed with Plant items.
Plant is specifically and extensively dealt with in Part 3.5 of the regulation (clauses 3.5.1 to 3.5.46 inclusive).
The sections listed below set out the obligations of those involved in the design, manufacture, supply and use of plant items. These contain a positive obligation to identify hazards, eliminate or control risks, and provide relevant information to plant users and purchasers, hirers and resellers.
PART 3.5 — PLANT
Division 1—Introductory matters
3.5.1 Application of Part
3.5.2 Hazard identification may be for classes of plant
Division 2—Duties of designers of plant
3.5.3 Hazard identification
3.5.4 Guarding
3.5.5 Operator's controls
3.5.6 Operational stop controls and emergency stop devices
3.5.7 Warning devices
3.5.8 Provision of information to manufacturer
3.5.9 Hazard identified in design during manufacture
3.5.10 Records and information
3.5.11 Record of standards or engineering principles used
Division 3—Duties of manufacturers of plant
3.5.12 Control of risk
3.5.13 Information must be obtained and provided
3.5.14 Records and information
Division 4—Duties of suppliers of plant
Subdivision 1—General
3.5.15 Application of Subdivision
3.5.16 General duties
3.5.17 Information to be obtained and provided
3.5.18 Roll-over protection on tractors
Subdivision 2—Supplier who hires or leases plant
3.5.19 Inspection and maintenance
3.5.20 Records
Subdivision 3—Agents who sell plant
3.5.21 Information must be obtained and provided
Division 5—Duties of employers who use plant
Subdivision 1—Application of Division
3.5.22 Application of Division
Subdivision 2—Control of risk—generally
3.5.23 Hazard identification
3.5.24 Control of risk
3.5.25 Guarding
3.5.26 Operator's controls
3.5.27 Operational stop controls and emergency stop devices
3.5.28 Warning devices
3.5.29 Installation, etc. of plant
3.5.30 Use of plant
3.5.31 Record of inspections and maintenance
3.5.32 Plant not in use
Subdivision 3—Control of risk in relation to specific plant
3.5.33 Subdivision not to limit regulations 3.5.24 to 3.5.32
3.5.34 Powered mobile plant
3.5.35 Warning devices on powered mobile plant
3.5.36 Roll-over protection on tractors
3.5.37 Industrial lift trucks
3.5.38 Warning devices on industrial lift trucks
3.5.39 Electrical plant and electrical hazards
3.5.40 Plant used to lift or suspend loads
3.5.41 Lifts
3.5.42 Notice of safe working load of lift
3.5.43 Scaffolds
Subdivision 4—Other duties
3.5.44 Review of risk control measures
3.5.45 Information, instruction and training
Division 6—Duties of self-employed persons
3.5.46 Self-employed person to have the same duties as employer
| Guidance Material Codes of Practice Plant (Code of Practice No.19, 1995) This code of practice is a comprehensive document providing detailed and practical guidance as to how to comply with plant obligations. It elaborates on the duty to identify hazards, assess and control risks that rests with designers, manufacturers, suppliers, erectors and users of plant & equipment. It also addresses key control types. |  |
| Other Guidance Material WorkSafe Victoria has been a prolific and proactive issuer of guidance material relating to plant safety. Some of the key guidance issued in this area is set out below. Other guidance can be accessed on the WorkSafe Victoria website. Machinery and Equipment Safety - An Introduction 2007 | |
| Planning for safer plant operations 2007 | |
| Information for Manufacturers and Suppliers of Plant | |
| Tractors and Machinery | |
| Information for Manufacturers and Suppliers of Plant | |
| Powered Mobile Plant | |
| SellSafe - Improving safety in used agricultural machinery and equipment sales | |