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Occupational Health and Safety Amendment (Major Hazard Facilities) Regulation 2008
Major hazard facilities (MHFs) are facilities such as oil refineries, chemical processing plants, large chemical and gas storage depots and large chemical warehouses that have dangerous goods in amounts that exceed specified threshold quantities.
WorkCover NSW has published the major hazards facilities regulation in the NSW Government Gazette on 4 July 2008. The Regulations will commence on 14 July 2008, but later commencement dates are specified in some clauses so that requirements are introduced in stages. The effect of the regulation is to add a new chapter (Chapter 6B) to the NSW Occupational Health and Safety Regulation 2001 to reduce the risk of a major accident and to minimise the consequences in the event of a major accident.
The aim of Chapter 6B is to put in place measures to prevent major accidents at major hazard facilities, and to protect the health and safety of persons at work and the public from hazards leading to, or arising from, such major accidents.
Requirements for operators of MHFs include:
- Notification to WorkCover - this applies not only to MHFs, but also to other facilities that exceed 10% of the threshold quantities of dangerous materials that are set out in the regulation.
- Hazard identification and risk assessment specifically directed toward prevention of major accidents.
- Emergency plans and security plans.
- Provisional registration and (later) registration of MHFs.
- Preparation and submission to WorkCover of a safety report, demonstrating that the operator of the MHF is adequately managing safety and preventing major accidents.
WorkCover NSW has developed a Guide and a conditions document to support the new Regulation. Further information is available by contacting 13 10 50.
Review of Fees for MHF
The Independent Pricing and Regulatory Tribunal (IPART) is conducting a review of the fee structure proposed by WorkCover for MHFs. In conducting its review, IPART is to recommend fees that will deliver full cost recovery from the MHFs based on the efficient cost of operating the MHF Unit. IPART is also to consider the bases on which costs should be allocated between the MHF operators and how the regulatory burden of compliance might be kept to a minimum.
As part of the review process, IPART has issued a discussion paper which is available from its website.
Submissions are due by 13 August 2008. Following receipt of the submissions, IPART will conduct a round table meeting before presenting its report, which is to be provided to the Minister Assisting the Minister for Finance by 1 November 2008.
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