Chapter 6B Major hazard facilities
(1) This Chapter applies in relation to major hazard facilities, potential major hazard facilities and other facilities.(2) However, this Chapter does not apply to premises that are:(a) a port operational area under the control of a port authority, or(b) a pipeline to which the Gas Supply Act 1996 or the Pipelines Act 1967 applies, or(c) a pipeline to which provisions of the repealed Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999 apply (by operation of clause 3 of Schedule 3 to this Regulation), or(d) a coal workplace, or(e) a mining workplace.(3) In this clause:port authority means a body established under Part 2 or 4 of the Ports and Maritime Administration Act 1995.
port operational area means the land and sea, including the fixed facilities and vessels, located in any area defined in Schedule 1 to the Ports and Maritime Administration Regulation 2007 and includes any berths adjacent to such an area.
(1) In this Chapter:aggregate quantity ratio or AQR, in relation to a Schedule 8 material, means the aggregate quantity ratio as determined in accordance with subclause (2).
facility means the whole of any premises at which Schedule 8 materials are present or likely to be present for any purpose.
major accident means an incident (including an emission, loss of containment, fire, explosion or release of energy or projectiles, but not including the long term, low volume release of any material) involving a Schedule 8 material occurring in the course of the operation, commissioning, shutdown or maintenance of a major hazard facility that poses a risk of serious danger or harm (whether immediate or delayed) to any person (including members of the public).
major hazard facility means:
(a) a facility at which Schedule 8 materials are present or likely to be present in a quantity that exceeds their threshold quantity, or(b) a facility where the aggregate quantity ratio of Schedule 8 materials present or likely to be present exceeds 1.0, or(c) a facility at which Schedule 8 materials are present or likely to be present, not being a facility to which paragraph (a) or (b) applies, that is, for the time being, determined by WorkCover to be a major hazard facility under Part 6B.5.modification, in relation to a major hazard facility, means:
(a) a change to any plant, processes, materials, operating conditions or operating procedures (including the introduction of new plant, processes, materials, operating conditions or operating procedures), or(b) a change to the quantity of Schedule 8 materials present or likely to be present (including the introduction of any new Schedule 8 materials), or(c) a change to the safety management system of the facility,that has the effect of:(d) significantly increasing the risk of a major accident occurring, or(e) in relation to any major accident that might occur, significantly increasing:(i) its magnitude, or(ii) the severity of its consequences to persons (whether on-site or off-site).near miss means any incident that, but for mitigating effects, actions or systems, could have escalated into a major accident.
operator, in relation to a facility, means the person who has overall control of the facility.
potential major hazard facility means:
(a) a facility where Schedule 8 materials are present or likely to be present in a quantity that exceeds 10% of their threshold quantity but does not exceed their threshold quantity, or(b) a facility where the aggregate quantity ratio of Schedule 8 materials present or likely to be present at the facility exceeds 0.1 but does not exceed 1.0.provisionally registered means provisionally registered under clause 175M.
registered means registered under clause 175R.
Schedule 8 material means a material mentioned in Table 1 to Schedule 8 or a material that belongs to one or more of the types, classes and categories mentioned in Table 2 to Schedule 8.
threshold quantity, in relation to a Schedule 8 material, means the threshold quantity for that material as specified in Schedule 8.
(2) An aggregate quantity ratio of Schedule 8 materials present or likely to be present at a facility is to be determined using the following formula:
where:qx , qy … qn is the total quantity of each Schedule 8 material present or likely to be present at the facility.
Qx , Qy … Qn is the threshold quantity for each Schedule 8 material concerned.
However, a quantity of Schedule 8 material need not be included in the calculation if:
(a) the quantity is less than 2% of the corresponding threshold quantity for the material, and(b) the quantity is present in such conditions that it is incapable of triggering a major accident.(3) For the purposes of determining whether a facility is a major hazard facility, a potential major hazard facility or not such a facility, the quantity of a Schedule 8 material present or likely to be present at the facility is taken to include all amounts of the material, including but not limited to the following:(a) for process vessels and related piping systems—the maximum amount of the material normally present in the process vessel or related piping system,(b) for storage vessels including tanks—the maximum capacity of the storage vessel or tank, except where all of the following conditions apply:(i) the storage vessel or tank is nominally empty and the mass of the Schedule 8 material present is as low as is reasonably practical,(ii) the storage vessel or tank will not be filled at the facility,(iii) a secure physical barrier covers the fill point and any other opening that could be used to fill the storage vessel or tank,(iv) the storage vessel or tank is not connected to any pipe,Note. This includes all tanks, whether above ground, mounded or underground.(c) for package or other container storage areas—the maximum quantity of the material that is likely to be present in the package or other container storage area,(d) for pipes, piping and pipelines not included in paragraph (a)—the maximum quantity of materials contained in the pipes, piping or pipelines or the maximum quantity of material that could escape from the pipe, piping or pipeline in the event of its catastrophic failure (whichever is the greater).(4) In this Chapter, a material is present or likely to be present at a facility if:(a) it is reasonably foreseeable that the material will be present at the facility for any continuous period of 48 hours, or(b) the material is able to be produced under reasonably foreseeable abnormal conditions at the facility (for example, conditions such as extreme weather).
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175B Dangerous goods to which section 135A of the Act applies
(1) For the purposes of this Chapter, dangerous goods that are Schedule 8 materials are declared to be dangerous goods to which section 135A of the Act applies.(2) This Chapter applies to dangerous goods that are Schedule 8 materials regardless of whether those goods are at a place of work or are for use at work.(3) In this clause, dangerous goods has the same meaning as in section 135A of the Act.
Part 6B.2 Hazard identification and risk assessment
175C Extension of hazard identification and risk assessment provisions
(1) Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 extends to operators of major hazard facilities (regardless of whether or not those facilities are places of work or are used for work).(2) A reference in Chapter 2 (Places of work—risk management and other matters) and Division 1 (General duties of controllers of premises) of Part 4.2 of Chapter 4 to occupational health and safety (however expressed) includes, where the hazard concerned is a hazard that arises from a major hazard facility, a reference to public health and safety (both at the facility and beyond).(3) Without limiting subclause (2), when identifying the hazards that arise from a major hazard facility, the operator of the facility must identify all foreseeable hazards that may lead to, or arise from, a major accident at the facility.
(1) An operator of a major hazard facility must review each risk assessment conducted for the purposes of clause 10 or 35 at the times required by clause 12 or 37, but in any case each risk assessment must be reviewed as follows:(a) before a modification of the major hazard facility,(b) after the occurrence of a major accident or near miss at the major hazard facility,(c) when requested by WorkCover,(d) at least once every 5 years.(2) The operator must make a record of each risk assessment and any review of a risk assessment.Maximum penalty: Level 4.
Note. Clause 175ZD provides that any document or other record required to be created by an operator of a major hazard facility under this Chapter is to be retained by the operator for at least 15 years after the date of its creation.
Part 6B.3 Duties in relation to major hazard facilities
175E Duties in relation to major accidents at major hazard facilities
(1) An operator of a major hazard facility must ensure that all persons (including members of the public) are not exposed to risks to their health and safety arising from a major accident occurring at the facility.Maximum penalty: Level 4.
Note. Other general laws and specific legislation may provide that operators have other obligations with regard to the operation of the major hazard facility that relate to risks to property or the environment, both inside or beyond the facility.(2) Nothing in this clause is to be construed:(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of this clause, or(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.Note. Section 10 (2) of the Act provides that a person who has control of any plant or substance used by people at work must ensure that the plant or substance is safe and without risks to health when properly used.
Part 6B.4 Notification regarding operation of major hazard facilities and potential major hazard facilities
In this Part, a hazard facility notification means a notification given under clause 175F or 175FA.
175F Notification by operators and intended operators of major hazard facilities and potential major hazard facilities
(1) A person who intends to be the operator of a major hazard facility or a potential major hazard facility must, within 3 months after the person forms the intention, notify WorkCover of the intention.Note. Clause 175L provides that an operator must not operate a major hazard facility unless the facility is registered or provisionally registered.Clause 175M provides that a notification under this clause is taken to be an application for the provisional registration of the facility.
(2) WorkCover may, by notice in writing, require a person who, in WorkCover’s opinion, is the operator of a facility (whether or not it is a major hazard facility or a potential major hazard facility) to submit a notification to WorkCover within a period specified by WorkCover.(3) A person must comply with a requirement made by WorkCover under this clause.(4) (Repealed)(5) On receiving a notification under this clause, WorkCover is to send the person a written acknowledgement of the notification.(6) For the purposes of this clause, a person intends to be the operator of a major hazard facility or a potential major hazard facility if:(a) the person intends to be the operator of a major hazard facility or a potential major hazard facility that is:(i) designed but not constructed, or(ii) under construction, or(iii) constructed but not yet operational, or(b) the person is the operator of a facility (not being a major hazard facility or a potential major hazard facility) and intends to make alterations to the facility that will result in the facility becoming a major hazard facility or a potential major hazard facility, or(c) the person is the operator of a potential major hazard facility and intends to make alterations to the facility that will result in the facility becoming a major hazard facility.(7), (8) (Repealed)Maximum penalty (subclauses (1) and (3): Level 4.
175FA Notification by operators of potential major hazard facilities of material change
(1) A person who is the operator of a potential major hazard facility must notify WorkCover of any proposed material change to the facility.Maximum penalty: Level 4.
Note. Clause 175L provides that an operator must not operate a major hazard facility unless the facility is registered or provisionally registered.(2) A notification under this clause must be given at least 10 days before the material change to the potential major hazard facility occurs.(3) On receiving a notification under this clause, WorkCover is to send the person a written acknowledgement of the notification.(4) In this clause, material change to a potential major hazard facility means any change, as a result of which:(a) a Schedule 8 material that was not included in the most recent hazard facility notification for the facility is present or likely to be present at the facility in a quantity that exceeds 10% of its threshold quantity, or(b) the aggregate quantity ratio of Schedule 8 materials present or likely to be present at the facility exceeds 0.7.
175G Content of hazard facility notification
A hazard facility notification must:(a) be in the approved form, and(b) if the notification is being given by a corporation, be signed by the chief executive officer of the corporation or another officer of the corporation authorised by the chief executive officer.
175H WorkCover may request further information
On request from WorkCover, a person who has given a hazard facility notification must provide, at any reasonable time specified by WorkCover, such further information relating to the facility concerned as WorkCover requests.Maximum penalty: Level 4.
175I Notification of change of operator of major hazard facility or potential major hazard facility
(1) If an operator of a major hazard facility or a potential major hazard facility is replaced by another person as an operator of the facility, both the former operator and the new operator of the facility must ensure that WorkCover is notified of that change.Maximum penalty: Level 4.
(2) Notification under this clause must be given within one month after the former or new operator becomes aware, or should reasonably have been or become aware, of the circumstances giving rise to the obligation to notify.
175J Notification assessment fee
(1) A person who provides WorkCover with a notification under this Part must pay to WorkCover a notification assessment fee in the amount (if any) specified by WorkCover.(2) WorkCover may specify different fee amounts (or no amount) for different types of notifications.
Part 6B.5 WorkCover may determine potential major hazard facilities to be major hazard facilities
175K WorkCover may determine a potential major hazard facility to be a major hazard facility
(1) WorkCover may determine that a potential major hazard facility is a major hazard facility if it is of the opinion that there is a potential for a major accident to occur at the facility.(2) WorkCover must not make a determination under this clause unless it has:(a) consulted with the operator of the potential major hazard facility concerned, and(b) given the operator reasons as to why it proposed to make the determination, and(c) given the operator a reasonable opportunity to make representation as to why the determination should not be made.(3) A determination under this clause does not take effect until written notice of it is given to the operator of the facility concerned.Note. An operator aggrieved by a decision to make a determination under this clause may apply to the Administrative Decisions Tribunal for a review of the decision—see clause 351 (1) (b1) (i).
Part 6B.6 Provisional registration and registration of major hazard facilities
Division 1 Major hazard facility must be registered
175L Major hazard facility must be registered or provisionally registered
(1) An operator must not operate a major hazard facility unless the facility is registered or provisionally registered.Maximum penalty: Level 4.
(2) This clause commences on 13 April 2009.
Division 2 Provisional registration
175M WorkCover may provisionally register major hazard facilities
(1) Subject to subclause (2), WorkCover may provisionally register a major hazard facility.(2) Without limiting the reasons for which provisional registration may be refused, WorkCover must refuse to provisionally register a major hazard facility if it is of the opinion that the following persons are not fit and proper persons to exercise control over the facility:(a) if the operator is an individual—the operator,(b) if the operator is a corporation—each director of the operator.(3) A notification under clause 175F in relation to a major hazard facility is taken, for the purposes of this Part, to be an application for the provisional registration of the facility.(4) A notification under clause 175F or 175FA in relation to a potential major hazard facility that, after the notification, was determined under clause 175K to be major hazard facility, is taken, for the purposes of this Part, to be an application for the provisional registration of the facility that was made on the date of that determination.Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to provisionally register a major hazard facility under this clause.
175N Duration of provisional registration
(1) Provisional registration of a major hazard facility continues in force for a period of 3 years (or such longer period as WorkCover may specify to the operator of the facility by notice in writing).(2) However, provisional registration is terminated by the following:(a) the facility becoming registered under Division 3,(b) the provisional registration being cancelled under Division 4.(3) A provisional registration has no effect while the provisional registration is suspended under Division 4.
175O Provisional registration subject to conditions
(1) Provisional registration of a major hazard facility is subject to:(a) the conditions set out in this Division, and(b) any general conditions applying to all provisionally registered major hazard facilities:(i) that are published in the Gazette by WorkCover from time to time, and(ii) notice of which has been given in writing to the operator by WorkCover, and(c) any conditions imposed on the provisional registration by WorkCover by notice in writing given to the operator.Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to impose a condition on the provisional registration of a major hazard facility under this paragraph.(2) An operator of a provisionally registered major hazard facility must comply with the conditions of that provisional registration.Maximum penalty: Level 4.
175P Conditions of provisional registration
Note. The provisional registration may be subject to other conditions under clause 175O (1) (b) and (c).(1) It is a condition of provisional registration of a major hazard facility that the operator of the facility must, within 6 months of the provisional registration or such longer period as WorkCover may allow, ensure that:(a) a plan for the preparation of a safety report for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) is prepared and submitted to WorkCover, and(b) provisional security arrangements (that comply with any requirements that are published in the Gazette by WorkCover from time to time) are prepared and implemented and details of those arrangements are submitted to WorkCover, and(c) when preparing provisional security arrangements:(i) details of those arrangements are provided to the Commissioner of Police, and(ii) regard is taken of any written advice received from the Commissioner of Police, and(d) provisional emergency arrangements (that comply with any requirements that are published in the Gazette by WorkCover from time to time) are prepared and implemented and details of those arrangements are submitted to WorkCover, and(e) when preparing the provisional emergency arrangements:(i) details of those arrangements are provided to:(A) the Commissioner of the New South Wales Fire Brigades, and(B) if the premises to which this clause applies are within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and(ii) regard is taken of any written advice received from the Commissioner of the New South Wales Fire Brigades.(2) It is a condition of provisional registration of a major hazard facility that the operator of the facility must, within 12 months of the provisional registration or such longer period as WorkCover may allow, ensure that a security plan for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) is prepared and submitted to WorkCover and implemented.(3) It is a condition of provisional registration of a major hazard facility that the operator of the facility must, within 2 years of the provisional registration or such longer period as WorkCover may allow, ensure that an application under clause 175Q for registration of the facility is made.(4) It is a condition of provisional registration of a major hazard facility that the operator of the facility must ensure that, at the time or times specified by WorkCover, such fees are paid to WorkCover as are fixed for the time being by WorkCover to cover expenses in connection with the regulation of facilities under this Part.(5) WorkCover may fix different fee amounts (or no amount) for different types of provisionally registered facility.
Division 3 Registration of major hazard facilities
175Q Application for registration
(1) An operator of a major hazard facility may apply for the registration of the facility.(2) An application is to be made in writing to WorkCover and is to be:(a) in the approved form, and(b) accompanied by:(i) a fee in such amount as WorkCover determines as the appropriate amount to cover expenses in connection with the processing of applications for the registration of a major hazard facility, and(ii) such documents as WorkCover requires.
175R WorkCover may register major hazard facilities
(1) Subject to subclause (3), WorkCover may register a major hazard facility.(2) Without limiting the reasons for which registration may be refused, WorkCover must refuse to register a major hazard facility if it is of the opinion that the following persons are not fit and proper persons to exercise control over the facility:(a) if the operator is an individual—the operator,(b) if the operator is a corporation—each director of the operator.(3) Without limiting the reasons for which registration may be refused, WorkCover must not register a major hazard facility unless it is satisfied that:(a) a safety management system for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) has been established and maintained, and(b) a security plan for the facility that complies with the following requirements has been submitted to WorkCover and has been implemented:(i) any requirements that are published in the Gazette by WorkCover from time to time,(ii) that in preparing the security plan:(A) a draft of the security plan was provided to the Commissioner of Police, and(B) regard was taken of any written advice received from the Commissioner of Police, andNote. The security plan submitted to WorkCover and implemented under clause 175P (2) may satisfy this requirement.(c) an emergency plan that complies with the following requirements has been submitted to WorkCover and been implemented:(i) any requirements that are published in the Gazette by WorkCover from time to time,(ii) that in preparing the emergency plan:(A) a draft of the emergency plan was provided to:(I) the Commissioner of the New South Wales Fire Brigades, and(II) if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and(B) regard was taken of any written advice received from the Commissioner of the New South Wales Fire Brigades, and(iii) that after the emergency plan was submitted to WorkCover, it was provided to:(A) the Commissioner of the New South Wales Fire Brigades, and(B) if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and(d) a safety report for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) has been submitted to WorkCover.Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to register a major hazard facility under this clause.
(1) Unless sooner suspended or cancelled, registration of a major hazard facility continues in force for a period of 5 years.(2) However, if an application for the renewal of the registration of a major hazard facility has been made to WorkCover before the registration’s expiry and the application has not been finally dealt with, the registration continues in force until WorkCover either renews the registration of the facility or refuses the renewal.
175T Registration subject to conditions
(1) Registration of a major hazard facility is subject to:(a) the conditions set out in this Division, and(b) any general conditions applying to all registered major hazard facilities:(i) that are published in the Gazette by WorkCover from time to time, and(ii) notice of which has been given in writing to the operator by WorkCover, and(c) any conditions individually imposed on the registration by WorkCover by notice in writing.Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to impose a condition on the registration of a major hazard facility under this paragraph.(2) An operator of a registered major hazard facility must comply with the conditions of that registration.Maximum penalty: Level 4.
175U Conditions of registration
Note. The registration may be subject to other conditions under clause 175T (1) (b) and (c).(1) It is a condition of registration of a major hazard facility that the operator of the facility must, at the time or times specified by WorkCover, ensure that such fees are paid to WorkCover as are fixed for the time being by WorkCover to cover expenses in connection with the regulation of facilities under this Part.(2) WorkCover may fix different fee amounts (or no amount) for different types of registered facility.
(1) It is a condition of registration of a major hazard facility that the operator of the facility must ensure that an application for renewal of the registration of the facility is submitted to WorkCover at least 12 months before the expiry of the registration.(2) An operator is not required to comply with the condition set out in subclause (1) if the operator has notified WorkCover in writing that it will cease to operate the major hazard facility during that 12 month period.(3) An application for renewal of registration is to be made in writing to WorkCover and is to be:(a) in the approved form, and(b) accompanied by:(i) a fee in such amount as WorkCover determines as the appropriate amount to cover expenses in connection with the processing of applications for the renewal of registration of a major hazard facility, and(ii) such documents as WorkCover requires.(4) WorkCover may renew a registration of a major hazard facility.Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to renew a registration of a major hazard facility under this clause.
Division 4 Provisions relating to both provisional registration and registration of major hazard facilities
175W Suspension and cancellation
(1) WorkCover may suspend or cancel the provisional registration or registration of a major hazard facility.Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to suspend or cancel provisional registration or registration of a major hazard facility under this clause.(2) Without limiting subclause (1), WorkCover may suspend or cancel the provisional registration or registration of a major hazard facility if it is satisfied that:(a) an operator of the facility has contravened a condition of the provisional registration or registration, or(b) an operator of the facility has contravened a provision of the Act or this Regulation, or(c) the provisional registration or registration was obtained on the basis of false or misleading information or the failure to disclose relevant information to WorkCover, or(d) a major accident at the facility is imminent, or(e) the safety management system, security plan, emergency plan or safety report for the facility is inadequate, or(f) any of the following persons is not a fit and proper person to exercise control over the facility:(i) if the operator is an individual—the operator,(ii) if the operator is a corporation—any director of the operator.
Part 6B.7 Duties of employees at major hazard facilities
175X Duties of employees at major hazard facilities
An employee at a major hazard facility must:(a) follow the operator’s procedures relating to the prevention and control of major accidents within the facility, and(b) follow the operator’s provisional emergency arrangements or emergency plan in the event of a major accident occurring or in the event of the emergency procedures being activated, and(c) inform the operator, as soon as is practicable, of any circumstance of any kind that he or she considers capable of leading to a major accident, and(d) without placing the employee or any other person at risk, take corrective action under those prevention and control and emergency procedures, consistent with the employee’s training, even if such corrective action could interrupt the operation of the facility, and(e) notify his or her supervisor of any corrective action taken.Maximum penalty: Level 4.
175Y Recording of major accidents, near misses and security breaches
(1) If a major accident or near miss happens at a major hazard facility, the operator of the facility must, as soon as practicable:(a) record the major accident or near miss, and(b) investigate the major accident or near miss and determine, so far as is possible, its cause or likely cause, and(c) record the results of that investigation and any such determination, and(d) consult with the employees at the facility on ways of avoiding major accidents and near misses in the future.(2) If a breach of security occurs at a major hazard facility, the operator of the facility must, as soon as practicable:(a) record the breach of security, and(b) investigate the breach of security and determine, so far as is possible, its cause or likely cause, and(c) record the results of that investigation and any such determination, and(d) consult with the employees at the facility on ways of preventing breaches of security in the future.(3) The operator must retain a record created under this clause while the major hazard facility continues to operate.Maximum penalty: Level 4.
(1) Access systems and other security
The operator of a major hazard facility must establish and maintain a system of security for, and controlled access to, the facility.(2) The system must, as far as practicable:(a) prevent access by unauthorised persons to the facility, and(b) prevent unauthorised actions at the facility, and(c) ensure that any element of the facility that could affect its safe operation (including security documents, computer hardware and software and boundary infrastructure) is secured.(3) Risk assessments and security
When identifying the foreseeable hazards that arise from the operation of a major hazard facility that may lead to, or arise from, a major accident at the facility, the operator of the facility must identify the hazards that may be caused by a breach of security at the facility.(4) The operator of a major hazard facility must review a risk assessment, and any measures adopted to control the risk, relating to a hazard arising from a major accident caused by a breach of security at the facility whenever:(a) there is evidence that the risk assessment is no longer valid, or(b) a significant change is proposed in the facility or in work practices or procedures to which the risk assessment relates, or(c) the Commissioner of Police has directed that such a review take place,and, in any case, at least once every 2 years.(5) In carrying out such a risk assessment, the operator of the major hazard facility must take into account any advice received from the Commissioner of Police.Maximum penalty: Level 4.
175ZA Informing, instructing and training employees
(1) The operator of a major hazard facility must provide the operator’s employees with such information, instruction and training in relation to:(a) all major accidents that could foreseeably occur at the facility, and(b) all hazards that could cause, or contribute to causing, those major accidents, and(c) the implementation of control measures to eliminate or control the risk of major accidents, and(d) the content and operation of any security plan for the facility generally, and(e) the content and operation of any safety management system for the facility generally,as are necessary to enable the employees to perform their work (including the actions required of the employees under any security plan, emergency plan and any safety role developed for employees) in a manner that is safe and without risks to health.(2) The operator must ensure that the information, instruction and training provided under this regulation are recorded, monitored, reviewed and revised in order for them to remain relevant and effective.Maximum penalty: Level 4.
175ZB Non-employees at the facility
(1) The operator of a major hazard facility must ensure that any person other than an employee of the operator who enters the facility is, as soon as possible after the person enters:(a) informed about the hazards at the facility, and(b) instructed in the safety precautions the person should take while at the facility, and(c) instructed in the actions the person should take in the event of an emergency plan being activated while he or she is at the facility.(2) The information and instruction (and the timing of its provision) must be commensurate with the risk to health and safety concerned.Maximum penalty: Level 4.
175ZC Operator to retain records of training
An operator of a major hazard facility must retain records in a suitable form of all training required by clause 13 and this Chapter to be provided to employees at the facility for at least 5 years after the date of creation of the record concerned.Maximum penalty: Level 1.
(1) Unless this Chapter provides otherwise, any document or other record required to be created by an operator of a major hazard facility under this Chapter is to be retained by the operator for at least 15 years after the date of its creation.Maximum penalty: Level 1.
(2) Despite subclause (1), the operator of a major hazard facility must retain the following documents and records for at least 5 years after the date of the document or record’s creation:(a) a document or record relating to a plan for the preparation of a safety report for the facility prepared under clause 175P (1) (a),(b) a document or record relating to any provisional security arrangements prepared and implemented under clause 175P (1) (b),(c) a document or record relating to any provisional emergency arrangements prepared and implemented under clause 175P (1) (d).Maximum penalty: Level 1.
(3) A person who has given WorkCover a notification under clause 175F or 175FA must retain any documents and records relating to that notification for at least 5 years after the date of the document or record’s creation.Maximum penalty: Level 1.
(4) A person who is required to keep documents or records under this clause must make those documents or records available for inspection by an inspector or an authorised representative in accordance with a request by the inspector or authorised representative and, in any event, no later than 7 days after the date of the request.Maximum penalty: Level 1.
(5) In this clause:authorised representative means an authorised representative within the meaning of Division 3 of Part 5 of the Act who is exercising functions under that Division.
175ZE Providing relevant information to other authorities
(1) WorkCover may give in the course of its administration of this Chapter any information it has obtained in the course of that administration to other government departments, relevant local government councils and the emergency services (whether of this State or of the Commonwealth, another State or a Territory).(2) In this clause, emergency service includes the Roads and Traffic Authority.
175ZF Co-ordination of plans and reports
(1) WorkCover may direct operators of different major hazard facilities to co-ordinate the preparation of any plan, report or other document.(2) In order to comply with a direction under subclause (1) relating to health and safety, an operator who is the subject of such a direction must provide to the other operators subject to the direction information concerning any circumstances at the operator’s facility that could constitute a hazard in relation to the other operators’ facilities.Maximum penalty: Level 4.