Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 569

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

        (a)     the safety assessment for the facility 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 566 (Licensed 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 (5);

        (f)     the regulator requires the review;

        (g)     at least once every 5 years.

    (3)     In reviewing and revising the safety assessment, the operator must comply with the requirements set out in section 555 (2), (3) and (4) (Determined major hazard facility—safety assessment).

    (4)     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).

    (5)     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.