Designing risk out before it ever reaches a workplace
The HSWA does not only place duties on the business where work happens. It also places “upstream” duties on the PCBUs who design, manufacture, import, supply, install, construct or commission plant, substances and structures. They must ensure, so far as is reasonably practicable, that what they put into the supply chain is without risk to the people who later use, handle, build, store, maintain or repair it — because it is far better to design hazards out than to retrofit fixes later.
Every PCBU has to think about the health and safety risks of plant, substances or structures at work. The HSWA places specific further duties on those earlier in the supply chain — the upstream duty holders.
| Who | Their duty |
|---|---|
| Designers | Design plant, substances or structures so they are without risk to those who use, build or maintain them. |
| Manufacturers | Make them so they are safe when used for their intended purpose, and test where needed. |
| Importers & suppliers | Ensure what they bring in or supply is safe, and pass on safe-use information. |
| Installers, constructors, commissioners | Install, build or commission so the way it is done does not create a risk. |
The duty is to eliminate the risk once identified, or if that is not reasonably practicable, to minimise it — so far as is reasonably practicable. That includes carrying out any calculations, testing, analysis or examination needed, and providing adequate information about safe use, handling and maintenance to the people who will rely on it downstream.
The early stages of a product's life are where there is the most scope to remove hazards and build in controls. A hazard designed out at the drawing board protects everyone who touches the product afterwards, and is far cheaper and more effective than bolting on fixes once it is in use. WorkSafe may follow up design, manufacturing or installation faults with the PCBU that held the upstream duty, especially where there is a pattern of failures or unsafe equipment supplied.
Upstream duties sit alongside the primary duty of care and do not replace it. An upstream PCBU can also be a PCBU with the primary duty, and where duties overlap they must consult, co-operate and co-ordinate. For the businesses receiving the plant or substance, the upstream duty is a reason to ask for design information, safety data and safe-use instructions — and to expect them. See plant & machinery safety and hazardous substances.
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They are duties on the PCBUs who design, manufacture, import, supply, install, construct or commission plant, substances or structures, to ensure these are without risk to the people who use them later, so far as is reasonably practicable.
Designers, manufacturers, importers and suppliers of plant, substances or structures, and those who install, construct or commission plant or structures.
Eliminate or minimise risk so far as is reasonably practicable, carry out any testing or analysis needed, and provide adequate information about safe use, handling and maintenance.
Because it is far more effective and cheaper to design a hazard out early than to retrofit a fix once the product is in use. A hazard removed at design protects everyone who handles it afterwards.
No. They sit alongside it. An upstream PCBU can also hold the primary duty, and where duties overlap the parties must consult, co-operate and co-ordinate.
