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.

175D   Regular risk assessments

(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.