Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 555

Determined major hazard facility—safety assessment

    (1)     The operator of a determined major hazard facility must conduct a safety assessment in relation to the operation of the major hazard facility.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (2)     In order to provide the operator with a detailed understanding of all aspects of risks to health and safety associated with major incidents, a safety assessment must involve a comprehensive and systematic investigation and analysis of all aspects of risks to health and safety associated with all major incidents that could occur in the course of the operation of the major hazard facility, including the following:

        (a)     the nature of each major incident and major incident hazard;

        (b)     the likelihood of each major incident hazard causing a major incident;

        (c)     in the event of a major incident occurring, its potential magnitude and the severity of its potential health and safety consequences;

        (d)     the range of control measures considered;

        (e)     the control measures the operator decides to implement.

    (3)     In conducting a safety assessment, the operator must—

        (a)     consider major incidents and major incident hazards cumulatively as well as individually; and

        (b)     use assessment methods (whether quantitative or qualitative, or both), that are suitable for the major incidents and major incident hazards being considered.

    (4)     The operator must document all aspects of the safety assessment, including—

        (a)     the methods used in the investigation and analysis; and

        (b)     the reasons for deciding which control measures to implement.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (5)     The operator must keep a copy of the safety assessment at the major hazard facility.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).



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