Tasmanian Numbered Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2022 (S.R. 2022, NO. 109) - REG 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 regulation:
(a) the safety assessment conducted under regulation 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.
Penalty:  In the case of –
(a) an individual, a fine not exceeding $6 000; or
(b) a body corporate, a fine not exceeding $30 000.
(2)  Without limiting subregulation (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 regulation 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 subregulation (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 regulation 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 subregulation (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.


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