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

Part 7 Miscellaneous provisions

General requirements

65 Duty to engage with workers

(1)

An operator must, when acting under a requirement to engage with workers under the provisions specified in subclause (2), ensure that there is engagement with, and participation of, workers and their representatives who are—

(a)

identifiable at the time the requirement to engage arises; and

(b)

in the case of workers, working, or likely to be working, at the major hazard facility.

(2)

The provisions are as follows:

(a)

regulation 31(3)(a) (duty to prepare emergency plan):

(b)

regulation 36(5) (duty to prepare and implement major accident prevention policy by establishing safety management system):

(c)

regulation 38(3)(c) (duty to conduct safety assessment):

(d)

regulation 39(3) (duty to establish and implement safety management system):

(e)

regulation 45(2) (duty to prepare safety case).

(3)

An operator who contravenes subclause (1) 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 27; Model Work Health and Safety Regulations (Aust) r 575