379Review by operator

379 Review by operator

(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;

(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—

(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.

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