559Review of risk management

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) , , or affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and