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Health and Safety at Work Act 2015

Health and safety duties - Duties of PCBUs

40: Duty of PCBU who manufactures plant, substances, or structures

You could also call this:

“Manufacturers must ensure workplace products are safe for users”

This section is about the duty of a person who runs a business that makes things like equipment, substances, or structures that might be used in a workplace. We call this person a manufacturer.

If you’re a manufacturer, you need to make sure that the things you make are as safe as possible for people who might use them at work. This includes people who use the equipment, handle substances, store things, build structures, or do any other activities with these items at work. You also need to think about the safety of people who might be near these things at a workplace.

You must do everything you reasonably can to make sure your products are safe. This might mean doing tests or calculations to check for safety. You need to give people who buy your products all the important information about how to use them safely. This includes telling them what the product is for, any test results (like if a substance is dangerous), and any special instructions for using it safely.

If someone asks you for more information about the safety of your products, you need to try your best to give them up-to-date details. This is especially important for people who will be using or working with your products.

Remember, your job as a manufacturer is to make sure the things you create are as safe as possible for everyone who might come into contact with them at work.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976903.

Topics:
Work and jobs > Workplace safety
Work and jobs > Worker rights
Business > Industry rules
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39: Duty of PCBU who designs plant, substances, or structures, or

“Designers must ensure work-related products are safe for all users”

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41: Duty of PCBU who imports plant, substances, or structures, or

“Importers must ensure safety of work-related machines, chemicals, and structures”

Part 2 Health and safety duties
Duties of PCBUs

40Duty of PCBU who manufactures plant, substances, or structures

  1. This section applies to a PCBU (a manufacturer) who conducts a business or undertaking that manufactures—

  2. plant that is to be used, or that could reasonably be expected to be used, as or at a workplace; or
    1. a substance that is to be used, or that could reasonably be expected to be used, at a workplace; or
      1. a structure that is to be used, or that could reasonably be expected to be used, as or at a workplace.

        1. The manufacturer must, so far as is reasonably practicable, ensure that the plant, substance, or structure is manufactured to be without risks to the health and safety of persons—

        2. who, at a workplace, use the plant, substance, or structure for a purpose for which it was designed or manufactured; or
          1. who handle the substance at a workplace; or
            1. who store the plant or substance at a workplace; or
              1. who construct the structure at a workplace; or
                1. who carry out any reasonably foreseeable activity (such as inspection, cleaning, maintenance, or repair) at a workplace in relation to—
                  1. the assembly or use of the plant for a purpose for which it was designed or manufactured, or the proper storage, decommissioning, dismantling, or disposal of the plant; or
                    1. the use of the substance for a purpose for which it was designed or manufactured, or the proper handling, storage, or disposal of the substance; or
                      1. the assembly or use of the structure for a purpose for which it was designed or manufactured, or the proper demolition or disposal of the structure; or
                      2. who are at or in the vicinity of a workplace and who are exposed to the plant, substance, or structure at the workplace or whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (e).

                        1. The manufacturer must carry out, or arrange the carrying out of, any calculations, analysis, testing, or examination that may be necessary for the performance of the duty imposed by subsection (2).

                        2. The manufacturer must give to each person to whom the manufacturer provides the plant, substance, or structure adequate information concerning—

                        3. each purpose for which the plant, substance, or structure was designed or manufactured; and
                          1. the results of any calculations, analysis, testing, or examination referred to in subsection (3), including, in relation to a substance, any hazardous properties of the substance identified by testing; and
                            1. any conditions necessary to ensure that the plant, substance, or structure is without risks to health and safety when used for a purpose for which it was designed or manufactured or when carrying out any activity referred to in subsection (2)(a) to (e).

                              1. The manufacturer must, on request, make reasonable efforts to give current relevant information on the matters referred to in subsection (4) to a person who carries out, or is to carry out, any of the activities referred to in subsection (2)(a) to (e).

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