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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Repealed version for 7 June 2011 to 31 December 2011 (accessed 27 June 2019 at 03:53)
Subdivision 8 Serious incidents and other incidents
Note.
 Sections 86 and 87 of the Act, and clauses 341, 341A and 342 of this Regulation, make provision for the notification to WorkCover of serious incidents and certain other incidents at places of work and for the non-disturbance of plant and areas surrounding the place of a serious incident.
174ZO   Response to serious incidents and other incidents
(1)  An occupier must respond to a serious incident or other incident involving dangerous goods at the occupier’s premises by ensuring that:
(a)  immediate action is taken to assess and control any risk associated with the serious incident or other incident, including making any plant or equipment associated with the serious incident or other incident and the surrounding area safe so far as is reasonably practicable, and
(b)  only persons essential to carrying out the action referred to in paragraph (a) remain in the vicinity of the serious incident or other incident, and
(c)  the risk to each person engaged by the occupier at the premises to carry out the action referred to in paragraph (a) is reduced so far as is reasonably practicable.
Maximum penalty: Level 4.
(2)  Clauses 341–343 extend to controllers of dangerous goods premises and to premises on or in which dangerous goods to which section 135A of the Act applies (regardless of whether or not the premises are a place of work or are used for work).
Note.
 Sections 86 and 87 of the Act apply to premises on or in which dangerous goods to which section 135A of the Act applies are stored or handled (regardless of whether or not the premises are a place of work or are used for work): see section 135A (3) (c) of the Act.
Sections 86 and 87 of the Act do not apply to mining workplaces or coal workplaces. Notifications are to the Department Head (Mining) under section 110 of the Coal Mine Health and Safety Act 2002 or section 88 of the Mine Health and Safety Act 2004.
(3)  The obligations of the occupier under subclause (1) (b) and (c) do not apply in respect of members of the emergency services responding to the serious incident or other incident.
174ZP   Investigation of serious incidents and other incidents
An occupier must ensure that:
(a)  any serious incident or other incident involving dangerous goods occurring at the premises is investigated and that the investigation, so far as possible, determines the cause or likely cause of the serious incident or other incident, and
(b)  a record of the investigation is:
(i)  made, and
(ii)  kept for at least 5 years, and
(iii)  readily available, on request, to an inspector.
Maximum penalty: Level 4.
174ZQ   Risk assessment and control following serious incidents and other incidents
An occupier of premises where a serious incident or other incident involving dangerous goods has occurred must:
(a)  review the risk assessment carried out in accordance with this Regulation, taking into account the results of the investigation into the serious incident or other incident, and
(b)  if the review identifies deficiencies in any risk control measures, alter those measures or implement new measures.
Maximum penalty: Level 4.
174ZR   Information may be requested
(1)  WorkCover may request any information from an occupier of premises that are a place of work that is not a mining workplace or a coal workplace in relation to:
(a)  the cause or effect of a serious incident or other incident that has occurred on the occupier’s premises, and
(b)  any action taken by the occupier as a result of the serious incident or other incident.
(1A)  The Department Head (Mining) may request any information from an occupier of premises that are a mining workplace or a coal workplace in relation to:
(a)  the cause or effect of a serious incident or other incident that has occurred on the occupier’s premises, and
(b)  any action taken by the occupier as a result of the serious incident or other incident.
(2)  A request for information must:
(a)  be in writing, and
(b)  specify a reasonable period within which the occupier must respond.
(3)  The occupier must provide the requested information:
(a)  in writing, and
(b)  within the period specified by WorkCover or the Department Head (Mining) (as the case may be).
Maximum penalty: Level 4.
(4)    (Repealed)