Commonwealth Numbered Regulations

1993 No. 282 PETROLEUM (SUBMERGED LANDS) (OCCUPATIONAL HEALTH AND SAFETY) REGULATIONS - REG 4

4. (1) An occurrence is a dangerous occurrence for the purpose of the
definition of "dangerous occurrence" in clause 2 of Schedule 7 to the Act if
it is an occurrence that:

   (a)  resulted from an operation that arose in the course of an undertaking
        conducted by an employer; and

   (b)  could have caused:

        (i)    the death of, or serious personal injury to, a person; or

        (ii)   the incapacity of an employee for a duration of 5 or more
               successive working days or shifts; but as a result of which
               death, serious personal injury or the incapacity referred to in
               paragraph (b) did not occur.".

(2) Without limiting the generality of subregulation (1), each of the
following occurrences at a workplace is taken to be a dangerous occurrence:

   (a)  a malfunction of apparatus intended to permit the user to breath
        independently of the surrounding atmosphere, with the result that a
        person using the apparatus is:

        (i)    deprived of oxygen; or

        (ii)   exposed, to a health-threatening degree, to an atmospheric
               contaminant;

   (b)  damage to, or a malfunction of, equipment, being:

        (i)    a conveyor, crane, escalator, hoist or lift; or

        (ii)   scaffolding; or

        (iii)  winding machinery; with the result that the equipment, or the
               workplace where the equipment is installed, is inoperative for
               a period;

   (c)  an uncontrolled:

        (i)    explosion; or

        (ii)   fire; or

        (iii)  release of a dangerous substance; in a workplace, with the
               result that plant in the workplace, or the workplace, is
               inoperative for a period;

   (d)  an electrical short circuit or other malfunction in a workplace, with
        the result that plant in the workplace, or the workplace, is
        inoperative for a period;

   (e)  collapse, or partial collapse, of an excavation that is more than 1.5
        metres deep or failure, or partial failure, of shoring for an
        excavation of that kind;

   (f)  collapse, or partial collapse, of a ceiling, floor, roof or wall of a
        building that is, or is part of, a workplace.