The scope of considerations in achieving safe design must have regard for the life-cycle of activities to be undertaken as the plant, structure or substance is:
constructed or manufactured;
imported, transported, supplied and erected or installed;
The responsibility for achieving safe outcomes relating to plant, substances or structures should rest with those persons or entities that undertake activities that affect the outcomes. There are various activities that occur during the process of providing these items for use at or in a workplace. These range from design, through manufacture, supply, construction, installation and commissioning. Activities such as storage, cleaning, maintenance and repair may also be relevant to the safety for use of the plant, substance or structure. Each of the persons undertaking these activities should be subject to a duty of care.
The definitions for each of these classes of persons is a matter for our second report.
Any person involved in an activity in relation to items or processes intended for use at work should owe a duty of care. A duty of care should apply at each stage of the process (whether the involvement of the individual duty holder is exclusive or not).
The various processes, particularly design, may be materially affected by directions, specifications or advice from others. Each of those other persons would be subject to the primary duty of care that we propose (e.g. a client directing specifications for a product or item of plant etc would owe a duty of care if the client does so as part of the conduct of a business or undertaking). We also note our recommendation below that a specific duty of care be placed on providers of OHS services.
