Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORK HEALTH AND SAFETY REGULATION 2011 - REG 559

Determined major hazard facility—review of risk management

    (1)     The operator of a determined major hazard facility must review and, as necessary, revise the following in accordance with this section:

        (a)     the safety assessment conducted under section 555 (Determined major hazard facility—safety assessment—Act, s 20) in order to ensure the adequacy of the control measures to be implemented by the operator;

        (b)     the major hazard facility's emergency plan;

        (c)     the major hazard facility's safety management system.

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)     Without limiting subsection (1), the operator must conduct a review and revision in the following circumstances:

        (a)     a modification to the major hazard facility is proposed;

        (b)     a control measure implemented under section 556 (Determined major hazard facility—control of risk—Act, s 20) does not minimise the relevant risk so far as is reasonably practicable;

Example

an effectiveness test indicates a deficiency in the control measure

        (c)     a new major hazard risk is identified;

        (d)     the results of consultation by the operator under part 9.5 (Consultation and workers' safety role) indicate that a review is necessary;

        (e)     a health and safety representative requests a review under subsection (4);

        (f)     the regulator requires the review.

    (3)     In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in section 557 (2) (Determined major hazard facility—emergency plan).

    (4)     A health and safety representative for workers at a major hazard facility may request a review if the representative reasonably believes that—

        (a)     a circumstance referred to in subsection (2) (a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

        (b)     the operator has not adequately conducted a review in response to the circumstance.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback