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OHS Act Section
22. Sale of certain articles
prohibited.
Subject to the provisions of section 10 (4), if any
requirement (including any health and safety standard) in respect of any
article, substance, plant, machinery or health and safety equipment or for the
use or application thereof has been prescribed, no person shall sell or market
in any manner whatsoever such article, substance, plant, machinery or health and
safety equipment unless it complies with that requirement.
OHS Act Section 10. General duties of
manufacturers and others regarding articles and substances for use at work.
(1) Any person who designs,
manufactures, imports, sells or supplies any article for use at work shall
ensure, as far as is reasonably practicable, that the article is safe and
without risks to health when properly used and that it complies with all
prescribed requirements.
(2) Any person who erects or
installs any article for use at work on or in any premises shall ensure, as far
as is reasonably practicable, that nothing about the manner in which it is
erected or installed makes it unsafe or creates a risk to health when properly
used.
(3) Any person who manufactures,
imports, sells or supplies any substance for use at work shall -
(a) ensure, as far as is reasonably practicable, that
the substance is safe and without risks to health when properly used; and
(b) take such steps as may be necessary to ensure that
information is available with regard to the use of the substance at work, the
risks to health and safety associated with such substance, the conditions
necessary to ensure that the substance will be safe and without risks to health
when properly used, and procedures to be followed in case of an accident
involving such substance.
(4) Where a person designs,
manufactures, imports, sells or supplies an article or substance for or to
another person and that other person undertakes in writing to take specified
steps sufficient to ensure, as far as is reasonably practicable, that the
article or substance will comply with all prescribed requirements and will
be safe and without risks to health when properly used, the undertaking shall
have the effect of relieving the first-mentioned person from the duty imposed
upon him by this section to such an extent as is reasonable having regard to the
terms of the undertaking.
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