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Workplace health and safety

Home > Workplace health and safety > Law and penalties > Mobile Crane Code of Practice 2006 > 2. Workplace health and safety obligations

2. Workplace health and safety obligations

Owners
Persons who conduct a business or undertaking
Designers
Manufacturers
Suppliers of new plant
Suppliers of used plant
Erectors and installers
Principal contractors
Workers and other persons

Workplace health and safety obligations are provided for under the Workplace Health and Safety Act 1995 (PDF, 766 KB).

The design, manufacture, supply, hire and operation of mobile cranes place workplace health and safety obligations on many persons.

A person may owe an obligation in more than one capacity.

If more than one person has a workplace health and safety obligation for a matter, each person:

  1. retains responsibility for the person’s workplace health and safety obligation for the matter;
  2. must discharge the person’s workplace health and safety obligation to the extent the matter is within the person’s control; and
  3. must consult and cooperate with all other persons who have a workplace health and safety obligation for the matter.

The following persons have obligations under the Workplace Health and Safety Act 1995.

Owners of plant have an obligation to ensure the plant is maintained in a condition that ensures the plant is safe, and without risk to health, when used properly.

Persons who conduct a business or undertaking, whether as employers, self-employed persons or otherwise, have a general obligation to ensure they and other persons are not exposed to risks to their health and safety arising out of the conduct of their business or undertaking, and an obligation to ensure each person who performs a work activity for the purpose of the business or undertaking is not exposed to risks to their health and safety.

Designers of plant have an obligation to:

  1. ensure the plant is designed to be safe and without risk to health when used properly; and
  2. provide information about the way the plant must be used to ensure health and safety.

Manufacturers of plant have an obligation to:

  1. ensure plant is manufactured to be safe and without risk to health when used properly;
  2. test and examine the plant to ensure it has been manufactured to be safe and without risk to health when used properly; and
  3. provide information about the way the plant, when supplied to another person, must be used to ensure health and safety.

Suppliers of new plant have an obligation to:

  1. examine and test the plant to ensure it is safe and without risk to health when used properly, or ensure the manufacturer has given an assurance that the plant has been examined and tested to ensure it is safe and without risk to health when used properly; and
  2. ensure the plant is accompanied by information about the way it must be used to ensure health and safety.

Suppliers of used plant have an obligation to:

  1. take all reasonable steps to ensure the plant is safe and without risk to health when used properly; and
  2. ensure the plant is accompanied by information about the way the plant must be used to ensure health and safety, if the information is available.

Erectors and installers of plant have an obligation to:

  1. erect or install the plant in a way that is safe and without risk to health; and
  2. ensure that nothing about the way the plant was erected or installed makes it unsafe and a risk to health when used properly.

Principal contractors have obligations relating to the supply of plant for common use ('common plant') at the workplace. Principal contractors must ensure plant provided for common use is safe and effectively maintained.

Workers and other persons (e.g. crane operators, doggers1 and members of the public) have an obligation to:

  1. comply with instructions given for workplace health and safety at the workplace by the employer at the workplace and any principal contractor for construction work at the workplace;
  2. use personal protective equipment if the equipment is provided by the worker's employer and the worker is properly instructed in its use;
  3. not wilfully or recklessly interfere with or misuse anything provided for workplace health and safety at the workplace;
  4. not wilfully place at risk the workplace health and safety of any person at the workplace; and
  5. not wilfully injure himself or herself.

1. See section 18.2.2 for definition.

Last updated 21 August 2008