Health and Safety at Work (Major Hazard Facilities) Regulations 2016

Duty to notify notifiable incidents

34 Duty to notify notifiable incidents

(1)

An operator of a major hazard facility must notify WorkSafe of any notifiable incident declared under regulation 33 as soon as possible after the occurrence of the notifiable incident becomes known to the operator.

(2)

The notification required under subclause (1)—

(a)

is in addition to the notification requirements set out in section 56 of the Act; and

(b)

must include the information required under Schedule 4 to the extent that it is reasonably available to the operator at the time of notification.

(3)

Section 56(2) to (5) of the Act applies to notification given under subclause (1).

(4)

The operator must provide WorkSafe with an initial written report of the circumstances of any notifiable incident, including the information required under Part 1 of Schedule 4, by the later of—

(a)

7 days after the operator becomes aware of the notifiable incident; and

(b)

any other date that WorkSafe specifies in writing.

(5)

The operator must provide WorkSafe with a detailed written report on any notifiable incident, including the information required under Parts 1 and 2 of Schedule 4, by the later of—

(a)

30 days after the operator becomes aware of the notifiable incident; and

(b)

any other date that WorkSafe specifies in writing.

(6)

An operator who contravenes any of subclauses (1), (2), (4), and (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: SR 2013/208 r 78