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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 19 August 2019 at 18:30)
Subdivision 2 Preparedness for emergencies
174ZB   Fire protection
(1)  An occupier must ensure that:
(a)  the occupier’s premises are provided with a fire protection system that:
(i)  has been designed and constructed having taken account of any risk assessment of the premises, and
(ii)  is designed and constructed to take account of:
(A)  the types and quantities of dangerous goods and the conditions under which they are stored and handled, and
(B)  other materials and substances that make up the premises or are stored or handled at the premises, and
(iii)  is compatible with the dangerous goods and the other materials and substances and is effective in the control of incidents involving the types and quantities of dangerous goods and other materials and substances, and
(b)  the fire protection system is:
(i)  properly installed, tested and maintained, and
(ii)  at all times accessible to persons on the premises and to the relevant emergency services, and
(iii)  capable of being used, without adaptation or modification, with the equipment used by the New South Wales Fire Brigades and the NSW Rural Fire Service.
Maximum penalty: Level 4.
(2)  The occupier must, if any of the components of the fire protection system are rendered inoperative, ensure that:
(a)  the implications of any of the components of the system being unserviceable or inoperative are assessed, and
(b)  alternative measures are taken to control, to the same level of effectiveness, those risks that were controlled by the system when functioning fully, and
(c)  the fire protection system is returned to full operation as soon as is reasonably practicable.
Maximum penalty: Level 4.
(3)  If the implications of the system becoming unserviceable or inoperative, as assessed by the occupier under subclause (2) (a), include a significant reduction in the effectiveness of the fire protection system, the occupier must notify the relevant emergency services of the condition of the fire protection system.
Maximum penalty: Level 4.
(4)  In determining the alternative measures required under subclause (2) (b) the occupier must have regard to the need for:
(a)  the provision of alternative fire protection measures, and
(b)  a reduction of the quantities of dangerous goods stored or handled at the premises, and
(c)  stopping or reducing the processes used for the storage and handling of dangerous goods at the premises, and
(d)  modifications to systems of work at the premises.
Maximum penalty: Level 4.
(5)  In this clause, fire protection system includes fixed or portable fire detection, fire suppression and fire fighting equipment.
174ZC   Planning for emergencies
(1)  This clause applies in relation to premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed “Manifest quantity” in the Table to Schedule 5.
(2)  An occupier of premises to which this clause applies must ensure that a written plan for dealing with any emergency associated with the storage and handling of dangerous goods on those premises (an emergency plan) is:
(a)  developed, implemented and maintained, and
(b)  communicated to:
(i)  persons who are engaged by the occupier to work at the premises and who may be exposed to risk as a result of an emergency, and
(ii)  persons in control of adjacent premises to the extent that the emergency plan applies to those person, if persons or property on the adjacent premises may be exposed to risk as a result of an emergency.
Maximum penalty: Level 4.
(3)  In developing or reviewing the emergency plan, the occupier must:
(a)  provide a draft of the emergency plan to the Commissioner of the New South Wales Fire Brigades, and
(b)  have regard to any written advice received from the Commissioner of the New South Wales Fire Brigades.
Maximum penalty: Level 4.
(4)  The occupier of the premises must provide a copy of the emergency plan to:
(a)  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, or
(b)  in any other case—the Commissioner of the New South Wales Fire Brigades.
Maximum penalty: Level 4.
(5)  The occupier must review the emergency plan:
(a)  if there is a change in circumstances at the premises, or any adjacent premises, such as to raise the possibility of an emergency of a kind that is not dealt with by the plan, and
(b)  at intervals of not more than 5 years from the date on which the plan was developed or last reviewed.
Maximum penalty: Level 4.
(6)  The occupier must communicate the revised plan to the persons specified in subclause (2) (b).
Maximum penalty: Level 4.
(7)  This clause commences on 1 September 2006.