Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 569

Review of risk management

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

  (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.

Penalty:

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

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

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (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   566 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   (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 subregulations   555(2), (3) and (4).

  (4)   In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in subregulation   557(2).

  (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 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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