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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 17 September 2019 at 18:44)
Chapter 9 Part 9.3
Part 9.3 Duties of operators of determined major hazard facilities
Notes.
 
1   
The operator of a determined major hazard facility is required to comply with this Part for a specified period and to prepare a safety case in order to apply for a major hazard facility licence.
2   
The Act and Chapter 7 of this Regulation (Hazardous Chemicals) continue to apply to a determined major hazard facility.
Division 1 Application of Part 9.3
550   Application of Part 9.3
This Part ceases to apply to a determined major hazard facility at the end of the exemption period applying to that facility under clause 535.
Division 2 Safety case outline
551   Safety case outline must be provided
The operator of a determined major hazard facility must provide the regulator with a safety case outline for the major hazard facility within 3 months after the facility is determined to be a major hazard facility.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
552   Content
A safety case outline provided under clause 551 must include the following:
(a)  a written plan for the preparation of the safety case, including key steps and timelines, with reference being made to each element of the safety case,
(b)  a description of the methods to be used in preparing the safety case, including methods for ensuring that all the information contained in the safety case is accurate and up to date when the safety case is provided to the regulator,
(c)  details of the resources that will be applied to the preparation of the safety case, including the number of persons involved, their relevant knowledge and experience and sources of technical information,
(d)  a description of the consultation with workers that:
(i)  occurred in the preparation of the safety case outline, and
(ii)  will occur in the preparation of the safety case,
(e)  a draft of the emergency plan prepared or to be prepared under clause 557,
(f)  a summary of any arrangements that are to be made in relation to the security of the major hazard facility.
Example.
 Arrangements for preventing unauthorised access to the major hazard facility.
553   Alteration
(1)  If the regulator is not satisfied that a safety case outline provided by the operator of a determined major hazard facility will lead to the development of a safety case that complies with clause 561, the regulator may require the operator to alter the outline.
(2)  If the regulator proposes to require an operator to alter a safety case outline, the regulator must give the operator a written notice:
(a)  informing the operator of the proposed requirement and the reasons for it, and
(b)  advising the operator that the operator may make a submission to the regulator in relation to the proposed requirement, and
(c)  specifying the date (being not less than 28 days) by which the submission must be made.
(3)  The regulator must:
(a)  if the operator has made a submission in relation to the proposed requirement to alter a safety case outline—consider that submission, and
(b)  whether or not the operator has made a submission—decide whether or not to require the operator to alter the outline, and
(c)  within 14 days after deciding, give the operator written notice of the decision, including details of the alteration required and the reasons why it is required.
(4)  The operator must alter the outline as required.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(5)  The operator must give the regulator a copy of a safety case outline that has been altered:
(a)  under this clause, or
(b)  by the operator on the operator’s initiative.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(6)  The safety case outline as altered becomes the safety case outline for the major hazard facility.
Division 3 Management of risk
554   Identification of major incidents and major incident hazards
(1)  The operator of a determined 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.
555   Safety assessment
(1)  The operator of a determined major hazard facility must conduct a safety assessment in relation to the operation 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 order to provide the operator with a detailed understanding of all aspects of risks to health and safety associated with major incidents, a safety assessment must involve a comprehensive and systematic investigation and analysis of all aspects of risks to health and safety associated with all major incidents that could occur in the course of the operation of the major hazard facility, including the following:
(a)  the nature of each major incident and major incident hazard,
(b)  the likelihood of each major incident hazard causing a major incident,
(c)  in the event of a major incident occurring, its potential magnitude and the severity of its potential health and safety consequences,
(d)  the range of control measures considered,
(e)  the control measures the operator decides to implement.
(3)  In conducting a safety assessment, the operator must:
(a)  consider major incidents and major incident hazards cumulatively as well as individually, and
(b)  use assessment methods (whether quantitative or qualitative, or both), that are suitable for the major incidents and major incident hazards being considered.
(4)  The operator must document all aspects of the safety assessment, including:
(a)  the methods used in the investigation and analysis, and
(b)  the reasons for deciding which control measures to implement.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  The operator must keep a copy of the safety assessment at the major hazard facility.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
556   Control of risk
(1)  The operator of a determined major hazard facility must implement 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 determined 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.
557   Emergency plan
(1)  The operator of a determined major hazard facility must prepare an emergency plan for the major hazard facility that:
(a)  addresses all health and safety consequences of a major incident occurring, and
(b)  includes all matters specified in Schedule 16, and
(c)  provides for testing of emergency procedures, including the frequency of testing.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  In preparing an emergency plan, the operator must consult with:
(a)  the following bodies:
(i)  Fire and Rescue NSW, and
(ii)  if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and
(b)  in relation to the off-site health and safety consequences of a major incident occurring—the local authority.
(3)  The operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subclause (2) in relation to:
(a)  the testing of the emergency plan, including the manner in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing, and
(b)  what incidents or events at the major hazard facility should be notified to the emergency service organisations.
(4)  The operator must have regard to any other recommendation or advice given by a person consulted under subclause (2).
(5)  The operator must:
(a)  keep a copy of the plan at the major hazard facility, and
(b)  give a copy of the plan to:
(i)  the emergency service organisations consulted under subclause (2), and
(ii)  any other relevant emergency service organisations.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  The operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations consulted under subclause (2) before applying for a licence 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.
(7)  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.
(8)  The operator must notify the emergency service organisations consulted under subclause (2) of the occurrence of an incident or event referred to in subclause (3) (b).
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Note.
 This clause applies in addition to clause 43.
558   Safety management system
(1)  The operator of a determined major hazard facility must establish a safety management system for the operation of the major hazard facility, in accordance with this clause.
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 of a determined major hazard facility must implement the safety management system for the major hazard facility, so far as is reasonably practicable.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The safety management system must:
(a)  provide a comprehensive and integrated system for the management of all aspects of risk control in relation to the occurrence and potential occurrence of major incidents at the major hazard facility, and
(b)  be designed to be used by the operator as the primary means of ensuring the safe operation of the major hazard facility.
(4)  The safety management system must:
(a)  be documented, and
(b)  state the operator’s safety policy, including the operator’s broad aims in relation to the safe operation of the major hazard facility, and
(c)  state the operator’s specific safety objectives and describe the systems and procedures that will be used to achieve those objectives, and
(d)  include the matters specified in Schedule 17, and
(e)  be readily accessible to persons who use it.
558A   Security arrangements
(1)  The operator of a determined major hazard facility must make arrangements for the security of the major hazard facility.
(2)  The operator of a determined major hazard facility, when preparing any such security arrangements, must ensure that:
(a)  details of those arrangements are provided to the Commissioner of Police, and
(b)  regard is taken of any written advice received from the Commissioner of Police.
559   Review of risk management
(1)  The operator of a determined major hazard facility must review and as necessary revise the following, in accordance with this clause:
(a)  the safety assessment conducted under clause 555 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 556 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 (4),
(f)  the regulator requires the review.
(3)  In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in clause 557 (2).
(4)  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.
Division 4 Safety case
560   Safety case must be provided
The operator of a determined major hazard facility must provide the regulator with a completed safety case for the major hazard facility, that has been prepared in accordance with clause 561, within 24 months after the facility was determined to be a major hazard facility.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
561   Content
(1)  The operator must prepare the safety case in accordance with the safety case outline prepared or altered under this Division.
(2)  A safety case must contain the following:
(a)  a summary of the identification conducted under clause 554, including a list of all major incidents identified,
(b)  a summary of the safety assessment conducted under clause 555,
(c)  a summary of the major hazard facility’s emergency plan,
(d)  a summary of the major hazard facility’s safety management system,
(e)  a description of any arrangements made in relation to the security of the major hazard facility,
(f)  a description of the consultation with workers that took place under clause 575 in the preparation of the safety case,
(g)  the additional matters specified in Schedule 18.
(3)  The safety case must include any further information that is necessary to ensure that all information contained in the safety case is accurate and up to date.
(4)  A safety case must demonstrate:
(a)  that the major hazard facility’s safety management system will, once implemented, control risks arising from major incidents and major incident hazards, and
(b)  the adequacy of the measures to be implemented by the operator to control risks associated with the occurrence and potential occurrence of major incidents.
(5)  The operator must include in the safety case a signed statement that:
(a)  the information provided under subclauses (1) and (2) is accurate and up to date, and
(b)  as a consequence of conducting the safety assessment, the operator has a detailed understanding of all aspects of risk to health and safety associated with major incidents that may occur, and
(c)  the control measures to be implemented by the operator:
(i)  will eliminate the risk of a major incident occurring, so far as is reasonably practicable, and
(ii)  if it is not reasonably practicable to eliminate the risk of a major incident occurring—will minimise the risk so far as is reasonably practicable, and
(iii)  in the event of a major incident occurring—will minimise its magnitude and the severity of its health and safety consequences so far as is reasonably practicable, and
(d)  all persons to be involved in the implementation of the safety management system have the knowledge and skills necessary to enable them to carry out their role safely and competently.
(6)  If the operator is a body corporate, the safety case must be signed by the most senior executive officer of the body corporate who resides in this jurisdiction.
562   Co-ordination for multiple facilities
(1)  The regulator may require the operators of 2 or more major hazard facilities to co-ordinate the preparation of the safety cases for their major hazard facilities if the regulator is satisfied on reasonable grounds that such co-ordination is necessary in the interests of the safe operation and effective safety management of any or all of those major hazard facilities.
(2)  If the regulator requires the co-ordinated preparation of safety cases, each operator must provide the other operators with information concerning any circumstances at the operator’s facility that could constitute a major incident hazard in relation to any of the other major hazard facilities.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  In complying with this clause, 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.
563   Review
The operator of a determined major hazard facility must review and as necessary revise the major hazard facility’s safety case after any review is conducted under clause 559.
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).