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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Repealed version for 1 July 2017 to 31 August 2017 (accessed 24 August 2019 at 01:18)
Chapter 9 Part 9.3 Division 4
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).