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Manufacturers and Importers - WHS Duties

Who is a Manufacturer?​

A manufacturer is a person who conducts a business or undertaking that includes manufacturing:

  • Plant (machinery, equipment, appliances, implements, tools, vehicles)
  • Substances (chemicals, materials used at work)
  • Structures (buildings, prefabricated structures, structural components)

Who is an Importer?​

An importer is a person who conducts a business or undertaking that includes importing plant, substances, or structures for use at work.

Primary Duty​

Manufacturers and importers must ensure, so far as is reasonably practicable, that the plant, substance, or structure is without risks to health and safety when:

  • Used for its intended purpose
  • Handled, stored, or transported as intended
  • Installed or constructed (for plant and structures)
  • Properly maintained (for plant)
  • Disposed of or decommissioned

Specific Duties​

1. Carry Out Testing and Analysis​

Manufacturers and importers must conduct or arrange:

  • Testing of the plant, substance, or structure
  • Examination and analysis as necessary to ensure safety

This ensures the product is safe before it enters the market.

Construction Example: A manufacturer of scaffolding components must test load capacities, connection strengths, and durability under realistic working conditions before selling the product.

2. Provide Information​

Must provide adequate information about:

For Plant:

  • Purpose and intended use
  • Results of testing and examinations
  • Conditions necessary for safe use, transport, handling, storage, installation, construction, commissioning, maintenance, and disposal
  • Known or foreseeable hazards and risks

Construction Example - Concrete Cutting Equipment: Manufacturer must provide information about:

  • Silica dust generation during use
  • Required engineering controls (water suppression, dust extraction)
  • PPE requirements
  • Blade specifications and replacement intervals
  • Safe operation procedures
  • Maintenance requirements

For Substances:

Construction Example - Chemical Products: Suppliers of adhesives, sealants, and coatings must provide:

  • Safety Data Sheets identifying hazardous components
  • Information about fumes and vapors
  • Required ventilation and PPE
  • Storage requirements (temperature, incompatible materials)
  • First aid measures

3. Provide Information in Accessible Form​

Information must be:

  • In English (or other appropriate language)
  • Clear and easily understandable
  • Available when the product is supplied
  • Updated if new hazards are identified

4. Keep Information Current​

If the manufacturer/importer becomes aware that:

  • Additional information is needed for safe use
  • Information already provided is no longer adequate

They must provide revised information so far as reasonably practicable.

Specific to Importers​

Importers must ensure overseas manufacturers have complied with equivalent duties. This includes verifying:

  • Appropriate testing has occurred
  • Adequate information is available
  • The product meets Australian standards where applicable

Example - Imported Plant: An importer bringing in construction equipment from overseas must:

  • Verify safety testing has been conducted
  • Ensure operation manuals are translated to English
  • Confirm equipment meets Australian electrical and safety standards
  • Provide information about required guarding and safety devices

Relationship with Designers​

When manufacturers also design what they manufacture, they have both designer and manufacturer duties.

The design duty requires ensuring the design is safe; the manufacturer duty requires ensuring the manufactured product matches the safe design and has been properly tested.

Relationship with Suppliers​

Suppliers often rely on manufacturers and importers to fulfill their information duties. However, suppliers retain their own duty to ensure plant and substances are supplied safely.

Installation and Commissioning​

For plant requiring installation or commissioning, manufacturers must provide information about:

  • Safe installation methods and sequence
  • Commissioning requirements and safety checks
  • Competencies required for installers

See Installer and Commissioner Duties.

Prohibited and Restricted Substances​

Some substances cannot be imported, manufactured, or used due to WHS risks:

  • Asbestos and asbestos-containing materials
  • Certain chemicals banned under regulations

Manufacturers and importers must ensure compliance with prohibitions and restrictions.

Practical Application​

Example: Manufacturing Mobile Scaffolding

Manufacturer duties include:

  1. Testing: Load testing platforms, testing stability under maximum height configurations, testing caster brakes
  2. Providing information:
    • Maximum safe working load
    • Maximum height configurations
    • Safe assembly and disassembly instructions
    • Inspection and maintenance requirements
    • Required bracing and stabilizers
    • Unsafe conditions (e.g., must not be used on slopes)

Example: Importing Power Tools

Importer duties include:

  1. Verification: Confirm manufacturer has tested products, verify compliance with Australian electrical standards
  2. Testing: Conduct additional testing for Australian conditions if necessary
  3. Information: Provide English manuals, safety warnings, maintenance information, required PPE
  4. Standards: Ensure products meet Australian safety standards and regulations