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42: Duty of PCBU who supplies plant, substances, or structures
or “Businesses must ensure safety of supplied workplace equipment and materials”
You could also call this:

“Responsibilities when installing, building, or setting up workplace equipment or structures”

If you install, build, or set up equipment or structures that might be used in a workplace, you have some important responsibilities. You need to make sure that the way you install, build, or set up the equipment or structure is as safe as possible. This means you should try to make sure it won’t harm the health or safety of people who:

  • Install or build the equipment or structure at a workplace
  • Use the equipment or structure at a workplace for what it was meant to do
  • Do any normal activities related to using, taking apart, or getting rid of the equipment or structure
  • Are at or near a workplace and could be affected by how the equipment or structure is used or by any of the activities mentioned above

You need to do everything you reasonably can to keep these people safe. This applies to any equipment or structures that are used, or that you think might be used, in a workplace.

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Next up: 44: Duty of officers

or “Officers must ensure their organisation follows health and safety laws”
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Part 2 Health and safety duties
Duties of PCBUs

43Duty of PCBU who installs, constructs, or commissions plant or structures

  1. This section applies to a PCBU who installs, constructs, or commissions plant or a structure that is to be used, or could reasonably be expected to be used, as or at a workplace.

  2. The PCBU must, so far as is reasonably practicable, ensure that the way in which the plant or structure is installed, constructed, or commissioned ensures that the plant or structure is without risks to the health and safety of persons—

  3. who install or construct the plant or structure at a workplace; or
    1. who use the plant or structure at a workplace for a purpose for which it was installed, constructed, or commissioned; or
      1. who carry out any reasonably foreseeable activity at a workplace in relation to the proper use, decommissioning, or dismantling of the plant or demolition, or disposal of the structure; or
        1. who are at or in the vicinity of a workplace and whose health or safety may be affected by a use or an activity referred to in any of paragraphs (a) to (c).

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