Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 559

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 regulation:

  (a)   the safety assessment conducted under regulation   555 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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

  (2)   Without limiting subregulation   (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 regulation   556 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 indicate that a review is necessary;

  (e)   a health and safety representative requests a review under subregulation   (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 subregulation   557(2).

  (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 paragraph   (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.


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