12 An employer must ensure that
(a) equipment is of sufficient size, strength, design and made of suitable materials to withstand stresses imposed on it during its operation and to
perform the function for which it is intended or was designed,
(b) the rated capacity or other limitations on the operation of the equipment, or any part of it, or supplies as described in the manufacturer’s specifications or
specifications certified by a professional engineer, are not exceeded,
(c) modifications to equipment that may affect its structural integrity or stability are performed in accordance with the manufacturer’s specifications or
specifications certified by a professional engineer, and
(d) equipment and supplies are erected, installed, assembled, started, operated, handled, stored, serviced, tested, adjusted, calibrated, maintained, repaired
and dismantled in accordance with the manufacturer’s specifications or the specifications certified by a professional engineer.
13(1) If this Code requires anything to be done in accordance
with a manufacturer’s specifications, an employer may, instead of complying strictly with the manufacturer’s specifications, comply with modified
specifications certified by a professional engineer.
(2) If this Code requires anything to be done in accordance with manufacturer’s specifications and they
are not available or do not exist, an employer must
(a) develop and comply with procedures that are certified by a professional engineer as designed to ensure
the thing is done in a safe manner, or
(b) have the equipment certified as safe to operate by a professional engineer at least every 12 calendar months.
14(1) If this Code requires that procedures or specifications be certified by a professional engineer, the certification must
(a) be in writing, and
(b) be stamped and signed by the professional engineer.
(2) Unless the document states otherwise, certification by a professional engineer implies that the procedures or specifications certified are fit and safe for the workers affected by them.