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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Repealed version for 7 June 2011 to 31 December 2011 (accessed 18 November 2019 at 17:47)
Chapter 6B Part 6B.3 Clause 175E
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.
 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.
 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.