Major Hazard Facility operators are mandated to establish and maintain a comprehensive safety framework, encompassing a safety management system, safety assessment, and safety case.
For the operator of a licensed Major Hazard Facility (MHF), risk management involves: Creation, review, and maintenance of the major incident and major incident hazard identification document. Maintenance of the safety assessment. Implementation and upkeep of the safety management system. Development of an emergency plan.
The operator is obligated to compile a safety case, demonstrating the effectiveness of the safety management system in controlling risks associated with major incidents and hazards. This entails:
Analysis of potential major incidents and hazards. Documentation of assessment methods used in investigation and analysis. Provision of rationale for implementing risk control measures. Review of the adequacy of implemented risk control measures.
Presentation of the safety case is a requisite in the license application to the regulator. Additionally, operators of licensed Major Hazard Facilities have specific consultation responsibilities with emergency services, councils, and the local community.
Operators, as per Section 533 of the Work Health and Safety Regulation 2011, are defined as persons conducting a business or undertaking (PCBU) with management or control of the facility and the power to direct the entire facility to close down. This implies that the operator is the PCBU owning or managing the facility with the authority to shut it down entirely.
It's crucial to distinguish that the site manager or person responsible at the site level is not deemed the 'operator' under this definition. The authority to act on behalf of the PCBU as the 'operator' can be delegated to the site manager for completing notification forms. Personnel nominated by the PCBU may also act as their agent to represent them under the principle of agency.
When filling out Part A of Form 536 – Notification of a facility exceeding 10% of the schedule 15 threshold (PDF, 0.14 MB), identification of the operator (PCBU) and each officer of the PCBU is essential. Officers must be identified but are not required to individually sign.
In cases where the operator is an individual, specific content addressing Section 538(3)(a) is required. Conversely, if the operator is a body corporate, Section 538(3)(b) stipulates the content to be addressed. An 'individual' operator refers to a business conducted by a partnership or unincorporated association. On the other hand, a body corporate refers to a registered company under the Corporations Act 2001 (Cth). When the operator is a body corporate, the safety case must be signed-off by the most senior executive of the company residing in Queensland.
The term 'officer' of the operator or company operating the facility is defined under s.9 of the Corporations Act 2001 (Cth). It encompasses directors, secretaries, and persons making decisions affecting the business or financial standing of the corporation. In cases where the operator is a body corporate, the safety case must be endorsed by the most senior executive officer residing in Queensland, and 'officers' of the company are expected to provide notification and declaration information.