Part 9.4 Licensed major hazard facilities—risk management

Note. This Part applies to a major hazard facility that is licensed under Part 9.7.

564   Identification of major incidents and major incident hazards

(1)  The operator of a licensed major hazard facility must identify:

(a)  all major incidents that could occur in the course of the operation of the major hazard facility, and

(b)  all major incident hazards for the major hazard facility, including major incident hazards relating to the security of the major hazard facility.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  In complying with subclause (1), the operator must have regard to any advice and recommendations given by:

(a)  the emergency service organisations with responsibility for the area in which the major hazard facility is located, and

(b)  any government department or agency with a regulatory role in relation to major hazard facilities.

(3)  The operator must document:

(a)  all identified major incidents and major incident hazards, and

(b)  the criteria and methods used in identifying the major incidents and major incident hazards, and

(c)  any external conditions under which the major incident hazards, including those relating to the security of the major hazard facility, might give rise to the major incidents.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  All major incidents and major incident hazards identified and documented under clause 554 in relation to the major hazard facility are taken to have been identified and documented under this clause.

565   Safety assessment

The operator of a licensed major hazard facility must keep a copy of the safety assessment documented under clause 555 as revised under Part 9.3 and this Part at the facility.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

566   Control of risk

(1)  The operator of a licensed major hazard facility must implement risk control measures that:

(a)  eliminate, so far as is reasonably practicable, the risk of a major incident occurring, or

(b)  if it is not reasonably practicable to eliminate that risk—minimise that risk so far as is reasonably practicable.

Note. WHS Act—section 20 (see clause 9).

(2)  The operator of a licensed major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on-site and off-site.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

567   Emergency plan

(1)  The operator of a licensed major hazard facility must keep a copy of the major hazard facility’s emergency plan prepared under clause 557 as revised under Part 9.3 and this Part at the facility.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations referred to in clause 557 (2).

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The operator must immediately implement the emergency plan if:

(a)  a major incident occurs in the course of the operation of the major hazard facility, or

(b)  an event occurs that could reasonably be expected to lead to a major incident.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  The operator must notify the regulator and the emergency service organisations referred to in clause 557 (2) of the occurrence of an incident or event referred to in clause 557 (3) as soon as practicable after the incident or event occurs.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

568   Safety management system

(1)  The operator of a licensed major hazard facility must implement the major hazard facility’s safety management system established under clause 558 as revised under Part 9.3 and this Part.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The operator must use the safety management system as the primary means of:

(a)  ensuring the health and safety of workers engaged or caused to be engaged by the operator and workers whose activities in carrying out work are influenced or directed by the operator while the workers are at work in the operation of the major hazard facility, and

(b)  ensuring that the health and safety of other persons is not put at risk from work carried out as part of the operation of the major hazard facility.

Note. The operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence (see clause 588).

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 clause:

(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.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  Without limiting subclause (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 clause 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 subclause (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 clause 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 clause 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 subclause (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.

570   Safety case—review

The operator of a licensed major hazard facility must review and as necessary revise the safety case after any review is conducted under clause 569.

Maximum penalty:

(a)  in the case of an individual—$3,600, or

(b)  in the case of a body corporate—$18,000.

Note. The operator of a licensed major hazard facility is required to notify the regulator of any change in relation to certain information about the licence. See clause 588.

571   Information for visitors

The operator of a licensed major hazard facility must ensure that a person other than a worker who enters the major hazard facility is as soon as practicable:

(a)  informed about hazards at the major hazard facility that may affect that person, and

(b)  instructed in safety precautions the person should take, and

(c)  instructed in the actions the person should take if the emergency plan is implemented while the person is on-site.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

572   Information for local community—general

(1)  The operator of a licensed major hazard facility must ensure the provision of the following information to the local community and the local authority:

(a)  the name and location of the major hazard facility,

(b)  the name, position and contact details of a contact person from whom information may be obtained,

(c)  a general description of the major hazard facility’s operations,

(d)  the means by which the local community will be informed of a major incident occurring,

(e)  the actions, as specified in the major hazard facility’s emergency plan, that members of the local community should take if a major incident occurs,

(f)  a summary of the safety case for the major hazard facility.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The operator must ensure that the information provided under subclause (1) is:

(a)  set out and expressed in a way that is readily accessible and understandable to persons who are not familiar with the major hazard facility and its operations, and

(b)  reviewed and as necessary revised if a modification is made to the major hazard facility, and

(c)  sent in writing to any community or public library serving the local community.

(3)  In complying with subclause (1), the operator is not required to disclose information that may expose the major hazard facility to a major incident hazard in relation to the security of the major hazard facility.

(4)  The operator of a licensed major hazard facility who receives a written request from a person who reasonably believes that the occurrence of a major incident at the major hazard facility may adversely affect his or her health or safety must give that person a copy of the information provided to the local community under this clause.

Maximum penalty:

(a)  in the case of an individual—$1,250, or

(b)  in the case of a body corporate—$6,000.

573   Information for local community—major incident

(1)  As soon as practicable after a major incident occurs, the operator of the major hazard facility must take all reasonable steps to provide the persons specified in subclause (2) with information about the major incident, including:

(a)  a general description of the major incident, and

(b)  a description of the actions the operator has taken and proposes to take to prevent any recurrence of the major incident or the occurrence of a similar major incident, and

(c)  recommended actions that the local authority and members of the local community should take to eliminate or minimise risks to health and safety.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(2)  The persons to whom information about a major incident must be given are:

(a)  the local community, if a member of the local community was affected by the major incident, and

(b)  the local authority, and

(c)  any government department or agency with a regulatory role in relation to major hazard facilities.