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Frequently Asked Questions
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Frequently Asked Questions
Page Index
Notification
Who is the Chief Officer?
The Chief Officer is appointed under sections 25 (1) and (2) of the Dangerous Goods Safety Act 2004 to administer the Act and regulations. Currently, the Chief Officer is the Executive Director of Resources Safety.
When do I notify the Chief Officer?
Once you have determined your site could be an MHF. Refer to Is your site a major hazard facility?
For the purposes of notification, “dangerous goods site” includes mine sites.
A notification form is available in the forms section. The information required is based on the provisions of Schedule 2 of the MHF regulations.
Is transit storage considered for notification?
Transit storage means dangerous goods that are:
- Supplied to a dangerous goods site in containers that are not opened at the site
- Not used at the site; and
- Kept at the site for a period of not more than five consecutive days.
Transit storage is covered under the provisions of dangerous goods site licence. For the purposes of risk assessments on MHF sites, transit storage will be considered as dangerous goods storage.
What happens after notification?
The Chief Officer must decide whether the site will be classified as a major hazard facility. If the Chief Officer decides not to classify the site as an MHF, the operator will be advised, in writing, of that decision. If intending to classify the site as an MHF, the Chief Officer must give the operator a written notice of:
- The intended decision
- The reasons for the intended decision.
The operator may then submit reasons to the Chief Officer challenging the decision within the timeframe specified in the notice. The Chief Officer must consider any submissions made before making a final decision. The Chief Officer will advise the operator of the final decision. If the Chief Officer decides to classify the site as an MHF, the operator must then submit a safety report for approval.
Form of the safety report
Is it necessary to supply more information than is required in the safety report?
Yes. For assessment of the safety report, there will need to have been previous consultation with the Resources Safety’s MHF safety assessor assigned to the facility regarding the detailed facility description, formal safety assessment and safety management system.
Safety report development
When should I start developing the safety report?
As soon as practicable or as soon as notified of MHF status by the Chief Officer.
The possibility of eventually requiring a safety report also needs to be evaluated at the time when risk assessments and safety management system are being developed for a dangerous goods site.
When should I consult Resources Safety on aspects of developing a safety report?
It is recommended that the regulatory engagement commence at “Project engineering feasibility study” stage. Typical aspects for consulting or including Resources Safety include:
- Appropriate facility siting based on preliminary risk assessment
- Attendance in the process of hazard identification workshops, fire safety studies and SIL studies
- Agreement on the risk modelling assumptions
- Observers for emergency exercises and drills conducted at pre-commissioning stage for new facilities and annually (as a minimum) for existing facilities
- Agreement on scope of works for audit requirements.
What resources may be needed for preparing a safety report?
Safety report preparation involves management commitment in conducting business in a safe manner, meeting community expectations on safety, health, environment and workforce participation during all stages of facility lifecycle.
The resources required for developing the safety report depend on the complexity of the facility, and can vary, including:
- Expert facilitators for hazard identification workshops
- Engineering consultancy on the matters of fire safety studies
- Safety instrumented functions (as part of demonstration of adequacy of critical controls)
- Process safety auditors to ensure maintenance of ongoing adequacy of critical controls as part of commitments under the safety report.
When do I need to submit the safety report?
The notice of the decision to classify the site as an MHF will specify the date on which the facility should have an approved safety report. This will take into account the assessment and approval time required by Resources Safety’s MHF safety assessors (typically three months depending on the quality of submissions and complexity of site). Operators are encouraged to consult, at the earliest opportunity, with Resources Safety on the time frames and other crucial submission dates.
Note that the safety report must be approved prior to commissioning activities for Greenfield or potential MHFs and by the due date set by the Chief Officer in consultation with the proponent.
For existing MHFs, safety reports need to be approved by the Chief Officer on or before 1 March 2009 or a date to be determined after consultation between the operator and Chief Officer. Refer to regulation 21 – Transition provision.
May I be exempted from developing a safety report?
There are no circumstances under which a facility classified as an MHF may be exempted from developing a safety report.
How long does it take to assess the safety report?
The time for safety report assessment depends on the quality of submissions and complexity of the site. It is recommended that you commence the process early and have ongoing dialogue with your Resources Safety’s MHF safety assessor during development of the safety report. This will ensure any modifications or provision of supporting information that may be required or requested are dealt with during the process.
Do I need to attach material safety data sheets (MSDSs) of all chemicals manufactured at the site at the time of notification?
Yes — all MSDSs need to be provided at the time of notification. Where there is a significant number, they may be provided on a CD.
How will commercially sensitive data be managed?
All information obtained under statutory authority is classed as confidential. Resources Safety also has obligations under the State Records Act and Public Sector Management Act to deal with information only as authorised under the legislation. Any information that is submitted as part of a safety report will be used for the purposes of safety assessment aimed at ensuring safety of the operations at the facility. However, it should be noted that all information submitted to the department is subject to Freedom of Information Act provisions, with an exception for the release of commercially sensitive data.
Risk assessment
Does the facility require a quantitative risk assessment?
Not necessarily. It is recommended that the proposed risk assessment methodologies be endorsed by Resources Safety prior to commencement. Different methodologies may be required for assessment of on-site and off-site risks.
What risk criteria do I need to consider?
The risk criteria that need to be considered will depend on the nature of risk posed at the facility, and may include fire, heat, toxic, blast overpressures and knock-on effects. This forms part of determination of on-site and off-site risk acceptance criteria.
Do I have to consider empty containers or storage vessel as “full” for the purposes of risk assessment?
Yes – for modelling of worst-case scenarios, empty containers and storage vessels need to be considered as full for the purposes of carrying out risk assessments, unless they have been cleaned “free from dangerous goods” as defined in Regulation 4 of the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007.
Do I need to take the inventory within a pipeline for the purposes of risk assessment?
Yes – inventory within pipelines that traverse or are in the vicinity of the MHF needs to be considered for the purposes of risk assessments.
Notifiable change
Where can I find information on notifying significant changes?
Significant changes need to be notified. Information is available in the MHF guideline.
Emergency response
Who must be consulted for the purposes of emergency preparedness and communication?
FESA needs to be consulted in the matters relating to emergency preparedness. The communication aspects need to involve the community and the workforce.
How often do I need to conduct emergency drills and exercises?
It is recommended that MHFs undertake one desktop emergency response exercise and one field-based emergency drill annually. The field-based drills need to involve FESA and Resources Safety personnel. Joint MHF exercises are also encouraged on regular intervals. A successful emergency response exercise is required before approval of the safety report.
What is a special risk plan?
A special risk plan is a pre-plan for a high-priority dangerous goods site, involving interdepartmental coordination and regular inspections and discussions with the site. MHFs automatically require special risk plans, and other dangerous goods sites may require them if they exceed ten times the manifest quantities. Certain sites under ten times the manifest quantity may also require a special risk plan if warranted by the risk assessment.
What is a consultation zone?
A consultation zone is the area within which the population needs to be consulted on matters such as information related to potential major incidents, emergency preparedness and other aspects of risk and safety to public. The extent of the consultation zone is determined by consequence modelling of major incidents.
Incident reporting
Where do I find information on incident reporting?
See Resources Safety’s guideline and form for reporting a dangerous goods incident.
Reviewing, monitoring and auditing
When do I need to review the safety report?
The operator of an MHF must review the safety report in the following situations:
- Prior to implementing significant change to any plant or process altering the risk profiles
- Based on the lessons from incidents
- If there are changes in land use or zoning for area surrounding the facility
- At the end of five years
- As required by the Chief Officer.
Regulation 22 details the review requirements for safety reports.
How will Resources Safety monitor safety performance?
Safety performance of a facility will be monitored through continual engagement on various issues and through periodic safety review meetings.
Can the regulator require an audit or engagement of a technical expert review in relation to safety at MHF?
Yes, under section 46 of the Dangerous Goods Safety Act 2004, the Chief Officer may engage an audit or a technical expert review in relation to safety at a facility.
Decommissioning
Do I need to do a risk assessment before decommissioning of equipment?
Yes – appropriate risk assessments need to be undertaken before decommissioning of equipments.
Appeals process
What is the State Administrative Tribunal (SAT)?
SAT is a tribunal able to review administrative decisions, including any decisions that are reviewable under section 67 of the Dangerous Goods Safety Act 2004 (WA).
Can I appeal the refusal to approve my safety report?
Yes – you can appeal to the State Administrative Tribunal.
More information
Refer to useful links for websites that provide more information about major hazard facilities and managing them safely.
