New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 559

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--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(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.