38Safety management system

38 Safety management system

(1) A licensee authorised to manufacture explosives must establish and implement a safety management system to ensure that the manufacture of explosives is carried out as safely as is reasonably practicable.

(2) The licensee must ensure that the safety management system—

(a) is described in a document that is comprehensible to and readily accessible by persons who may use it; and

(b) provides a comprehensive and integrated management system for all aspects of safety measures required under this Part; and

(c) sets out—

(i) the safety objectives of the safety management system; and

(ii) the systems and procedures by which those objectives are to be achieved; and

(iii) the means by which the licensee will comply with the requirements of this Part; and

(d) addresses all the matters specified in Schedule 1 that are relevant to the manufacture of explosives and within the scope of the licence; and

(e) includes an emergency plan addressing the matters specified in Schedule 1; and

(f) is communicated to all persons who are to participate in the implementation of the safety management system.

(3) The licensee must ensure that the safety management system is—

(a) established before the licensee manufactures any explosives; and

(b) reviewed and, if necessary, revised—

(i) when a modification is made; and

(ii) whenever an incident occurs that must be reported under regulation 26 or 27, section 32(1) of the Act or Part 5 of the Occupational Health and Safety Act 2004; and

(iii) at least once every 5 years.

(4) Subregulation (1) does not apply to a person who operates a major hazard facility that is licensed or registered under the Occupational Health and Safety Regulations 2017 if a safety management system in place under those Regulations addresses the risks associated with the presence of explosives on the premises.

(5) Subregulation (1) does not apply to a person who manufactures an explosive mixture at a site using an MPU if a safety management system in place under the Occupational Health and Safety Regulations 2017 addresses the risks associated with the presence of explosives at the site.