South Australian Current Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 559

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 (unless, in the case of a major hazard facility that is also a mine, the operator of the facility is not required to prepare an emergency plan for the facility under regulation 557 because the operator has prepared a suitable emergency plan under regulation 664) ;

            (c)         the major hazard facility's safety management system (unless, in the case of a major hazard facility that is also a mine, the operator of the facility is not required to establish a safety management system for the facility under regulation 558 because the operator has established a suitable safety management system under regulation 661).

Maximum 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 Chapter 9 Part 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 regulation 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 subregulation (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.

        (5)         If a major hazard facility is also a mine and an emergency plan that complies with regulation 664 has been prepared in relation to the facility, the plan must be reviewed in accordance with regulation 670.

        (6)         If a major hazard facility is also a mine and a safety management system that complies with regulation 621 has been established in relation to the facility, the system must be reviewed in accordance with regulation 625.



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