Upstream Duty Holders
Upstream duty holders have specific responsibilities under work health and safety laws. These duties are aimed at ensuring that the products, structures, and substances they design, manufacture, and supply are safe for use in workplaces. These types of businesses or undertakings have a responsibility to ensure, so far as is reasonably practicable, that their products are without risks to health and safety when used at a workplace— throughout their entire lifecycle. [Note 1] Here are some key duties for upstream duty holders:
1. Designers:
Ensure that their designs are safe for use, handling, construction, storage, dismantling, and disposal.
Conduct necessary tests and analyses to confirm safety.
Provide information about the intended use, test results, and any conditions required to ensure safety. Current relevant information must also be provided, so far as reasonably practicable [Note 1], to other end users at a workplace upon request.
2. Manufacturers:
Ensure that their products are safe for all workplace activities related to their use.
Conduct tests and provide information to ensure the product is safe for its intended purpose.
Adequate information must be given to any person to whom the product is provided about the purpose for which it was manufactured, test results and any conditions necessary to ensure that when used for its intended purpose it is safe and without risks to health or safety. Current relevant information must also be provided, so far as reasonably practicable, to other end users at a workplace upon request.
3. Suppliers and Importers:
Ensure that the products they supply, or import are safe for use in workplaces.
Suppliers and Importers must carry out or arrange tests and examinations sufficient to ensure that the imported plant, structure or substance meets work health and safety requirements when used for its intended purpose. Alternatively, they must ensure that these tests and examinations have been carried out.
Provide necessary information to ensure safe use. Current relevant information must also be provided, so far as reasonably practicable, to other end users at a workplace upon request.
As end users, businesses must provide a working environment where all plant, structures and systems of work are safe and do not pose risks to users. This includes safe use, storage, and transport of any plant, structures, and substances. The overarching requirement is explained in Section 19 of the WHS Act under the Primary Duty of Care obligation that is owed by every business, organisation, and corporation (PCBU) to its employees and workers.
Directors and CEOs, as Officers of a PCBU [Note 2], must ensure corporate risks are managed—including work health and safety risks. Under the WHS Act an officer of a PCBU must ensure the PCBU complies with its health and safety duties. This duty relates to the strategic, structural, policy and key resourcing decisions, i.e. how the place is run.
Upstream Duty Holders have a duty to provide the machinery, equipment, structures, and substances without inherent risks to end users. Businesses that use their machinery, equipment, structures, and substances must ensure that their own workers are informed, instructed, and trained how to operate, handle, and transport these products according to manufacturer’s specifications and instructions. This includes supervising staff accordingly.
For more information, please consult the Guide to the Model Work Health and Safety Act (safeworkaustralia.gov.au)
NOTES
See Sections 22-26 of the WHS Act
See Section 27 of the WHS Act
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7th August 2024
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