Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 379

    (1)     In order to ensure that an operator of a major hazard facility is complying with regulation 371 by adopting appropriate risk control measures, the operator must review and, if necessary, revise the following —

        (a)     the major incident hazards and possible major incidents identified under regulation 368;

        (b)     the safety assessment;

        (c)     the risk control measures adopted under regulation 371;

        (d)     the emergency plan.

    (2)     A review under this regulation must be conducted at least every 5 years as well as in the following circumstances—

        (a)     at the direction of the Authority;

        (b)     before any modification is made to the major hazard facility;

        (c)     after any major incident occurs at the major hazard facility;

        (d)     when an effectiveness test indicates a deficiency in a risk control measure;

        (e)     if there has been any change to the circumstances that formed part of the property protection assessment under regulation 382;

        (f)     after receiving a request from a health and safety representative.

    (3)     A health and safety representative may make a request under subregulation (2)(f) if the health and safety representative believes on reasonable grounds that —

        (a)     any of the circumstances referred to in subregulation (2)(a) to (e) exist; or

        (b)     the operator has failed —

              (i)     to properly review the risk control measures; or

              (ii)     to take into account any of the circumstances referred to in subregulation (2)(a) to (e) in conducting a review of, or revising, the risk control measures.

    (4)     The operator must review and, if necessary, revise the emergency plan for the major hazard facility in conjunction with —

        (a)     the emergency services that have responsibility for the area in which the major hazard facility is located; and

        (b)     in relation to the off-site consequences of a major incident occurring, the municipal councils within the area occupied by the local community.

Notes

1     Act compliance—sections 21, 23 and 26 (see regulation 7).

2     "Emergency plan", emergency service , local community"," major incident , major incident hazard", "modification , operator and safety assessment are defined in regulation 5.