Gas Safety (Safety Case) Regulations 1999

i Gas Safety (Safety Case) Regulations 1999 S.R. No. 5/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Performance standards 2 PART 2SAFETY CASE FOR FACILITY 4 Division 1—Application 4 6. Application 4 Division 2—Content of safety case 4 7. Person responsible for operation of facility 4 8. Person responsible for safety case 4 9. Facility description 4 10. Formal safety assessment 5 11. Safety management system 5 12. Reporting of gas incidents 6 13. Address where records kept 6 Division 3—Content of safety management system 6 14. Safety policy 6 15. Organisational structure and responsibilities 6 16. Published technical standards 6 17. Design, construction, installation, operation, maintenance and modification 7 18. Control systems 7 19. Machinery and equipment 8 20. Permit to work system 8 21. Emergency preparedness 9 22. Emergency communication systems 9 23. Internal monitoring, auditing and reviewing 10 24. Key performance indicators 10 25. Gas incident recording, investigation and reviewing 11 -- 1 of 17 -- Regulation Page ii 26. Training 11 Division 4—Records 11 27. Records 12 PART 3—SAFETY CASES FOR GAS INSTALLATIONS AND APPLIANCES 13 28. Safety case under section 52 of the Act 13 29. Safety case under section 53 of the Act 13 30. Safety case under section 54 of the Act 13 PART 4—REPORTING OF GAS INCIDENTS 15 31. Requirements for reporting of gas incidents 15 ═══════════════ -- 2 of 17 -- 1 STATUTORY RULES 1999 S.R. No. 5/1999 Gas Safety Act 1997 Gas Safety (Safety Case) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 19 January 1999 Responsible Minister: ALAN R. STOCKDALE Treasurer STACEY ROBERTSON Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to make provision for safety cases in relation to facilities, gas installations and appliances; and (b) to provide for the reporting of gas incidents. 2. Authorising provisions These Regulations are made under sections 37, 52, 53, 54 and 118 of the Gas Safety Act 1997. 3. Commencement These Regulations come into operation on 1 February 1999. 4. Definitions r. 4 -- 3 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 2 In these Regulations "Act" means the Gas Safety Act 1997; "facility description" means a facility description referred to in regulation 9; "formal safety assessment" means a formal safety assessment referred to in regulation 10; "manufacturer" has the same meaning as it has in section 51 of the Act; "operator" has the same meaning as it has in section 51 of the Act; "published technical standard" in relation to any matter means a document which gives technical information, guidance or advice on that matter and that is published by— (a) Standards Australia; or (b) the British Standards Institute; or (c) The Australian Gas Association A.C.N. 004 206 044; or (d) the International Organisation for Standardisation (ISO); or (e) the Institution of Gas Engineers (United Kingdom); or (f) any similar standards organisation, whether within Australia or outside Australia. 5. Performance standards If, in these Regulations, a safety case is required to specify a performance standard in relation to an activity, that standard must specify— (a) who is responsible for carrying out the activity; and -- 4 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 3 (b) what has to be done in the performance of the activity; and (c) when the activity has to be performed; and (d) the expected outcome of the activity. _______________ r. 5 -- 5 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 4 PART 2SAFETY CASE FOR FACILITY Division 1—Application 6. Application This Part applies to a safety case under Division 2 of Part 3 of the Act. Division 2—Content of safety case 7. Person responsible for operation of facility A safety case must specify the title of the position and the business address of a person— (a) who has management or control of the facility; and (b) has general responsibility for the safe operation of the facility. 8. Person responsible for safety case A safety case— (a) must specify the title of the position of a person who is responsible for preparation and submission of the safety case; and (b) may specify the titles of the positions of any other persons who are responsible for or contributed to the preparation and submission of any part of the safety case. 9. Facility description (1) A safety case must contain a facility description. (2) The facility description must provide a detailed description of the structure, assets, function and operation of the facility to which the safety case relates. r. 6 -- 6 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 5 (3) The facility description must provide sufficient information to enable the extent and scope of the assets and operations of the gas company in relation to the facility and the risks associated with those assets and operations to be assessed. 10. Formal safety assessment (1) A safety case must contain a formal safety assessment. (2) The formal safety assessment for a facility must be consistent with the facility description for the facility and must provide— (a) a description of the methodology used and investigations undertaken for the formal safety assessment; and (b) an identification of all hazards having the potential to cause a gas incident; and (c) a detailed and systematic assessment of risk, including the likelihood and consequences of a gas incident; and (d) a description of technical and other measures undertaken, or to be undertaken, to reduce that risk as far as practicable. (3) The formal safety assessment must include copies of any reports arising from the studies and investigations undertaken for the purposes of the formal safety assessment. 11. Safety management system A safety case must specify, in accordance with Division 3, the safety management system followed or to be followed in relation to the facility. r. 10 -- 7 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 6 12. Reporting of gas incidents The safety case must specify the procedures to be followed by the gas company to comply with the requirements of section 36 of the Act and Part 4 of these Regulations in relation to the reporting of gas incidents relating to the facility. 13. Address where records kept A safety case must specify the address at which all records relating to the safety case in respect of the facility to which that safety case relates are to be kept. Division 3—Content of safety management system 14. Safety policy The safety management system for a facility must specify— (a) the gas company's safety policy; and (b) the title of the position of the person responsible for determining the safety policy; and (c) the means by which the safety policy is or is to be communicated to all persons required to implement the policy. 15. Organisational structure and responsibilities The safety management system for a facility must specify the titles of the positions and the duties of the persons responsible for the implementation of the safety policy for the facility. 16. Published technical standards The safety management system for a facility must specify all published technical standards applied to or used or to be used in the design, r. 12 -- 8 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 7 construction, installation and operation of the facility. 17. Design, construction, installation, operation, maintenance and modification The safety management system for a facility must specify the means used or to be used by the gas company to ensure that the design, construction, installation, operation and maintenance of the facility and any modification of the facility— (a) are adequate for the safety and safe operation of the facility; and (b) provide adequate means of achieving isolation of the facility or any part of the facility and pressure control in the event of an emergency; and (c) provide adequate means of gaining access for servicing and maintenance of the facility and machinery and other equipment; and (d) provide adequate means of maintaining the structure and operation of the facility; and (e) take into account the results of the formal safety assessment for the facility. 18. Control systems (1) The safety management system for a facility must specify the control systems to be used for the facility including (a) alarm systems; and (b) temperature and pressure control systems; and (c) emergency shut-down systems. (2) The control systems specified must be adequate for the normal operation of the facility and for any reasonably foreseeable emergency. r. 17 -- 9 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 8 19. Machinery and equipment The safety management system for a facility must, where relevant, specify— (a) the critical equipment (including process equipment, machinery and electrical and instrumentation systems) that relates to, or may affect, the safety of the facility; and (b) the systems in place to ensure that the equipment is fit for the purpose— (i) for which it is used in normal operating conditions; and (ii) to the extent that it is intended to function, or be used, in an emergency. 20. Permit to work system (1) The safety management system for a facility must specify all safety critical operations relating to the facility for which a permit to work system needs to be established. (2) If the safety management scheme for a facility specifies a safety critical operation, the scheme must require the gas company to establish and maintain a permit to work system in respect of that operation. (3) A permit to work system must— (a) prohibit any person from performing a safety critical operation or any activity in relation to a safety critical operation without a written permit to work issued by a person authorised by the gas company to issue that permit; and r. 19 -- 10 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 9 (b) specify by position the persons who are authorised to issue a permit to work and to supervise that work; and (c) ensure that persons responsible for the issuing of permits to work and persons carrying out operations under a permit to work are competent and are provided with appropriate training, procedures, tools, equipment and emergency support. 21. Emergency preparedness (1) The safety management system for a facility must specify a response plan designed to address all reasonably foreseeable emergencies which have been identified through the formal safety assessment. (2) The response plan must— (a) ensure the safety of the public; and (b) specify the performance standards to be used to ensure the continued safe operation and structural safety of the facility. 22. Emergency communication systems (1) The safety management system for a facility must specify communications systems that, in the event of an emergency, are adequate for communication— (a) within a facility; and (b) with any other facility which may be affected by the emergency; and (c) with the relevant fire authorities and emergency service authorities. (2) In particular, the safety management system for a facility must provide for the communications systems to be— r. 21 -- 11 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 10 (a) adequate to handle— (i) a likely emergency in or relating to the facility; and (ii) the normal operational requirements of the facility; and (b) protected so as to be capable of operation in an emergency to the extent specified by the formal safety assessment for the facility. 23. Internal monitoring, auditing and reviewing (1) The safety management system for a facility must specify the work practices or processes to be used by the gas company for monitoring, auditing and reviewing the implementation of the safety policies, objectives, procedures and performance standards specified in the safety management system. (2) The safety management system for a facility must specify the methods to be used to ensure the ongoing effectiveness of the work practices or processes specified under sub-regulation (1) by— (a) regular and systematic identification of deficiencies in those work practices or processes; and (b) regular and systematic improvement of those work practices or processes. 24. Key performance indicators The safety management system for a facility must specify the key performance indicators to be used by the gas company in relation to the facility to monitor its compliance with the Act and the r. 23 -- 12 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 11 regulations made under the Act and the safety case applying to the facility. 25. Gas incident recording, investigation and reviewing The safety management system for a facility must specify— (a) the performance standards to be used for recording and investigating gas incidents; and (b) the management systems to be used for reviewing and taking action on the information so recorded or arising from those investigations. 26. Training (1) The safety management system for a facility must specify the work and staffing systems to be used in relation to the facility to ensure, as far as practicable, that— (a) each area of safety critical work in relation to the facility is assessed to identify the minimum skills, knowledge and experience requirements for a person assigned to carry out that work; and (b) only persons with the skills, knowledge and experience appropriate to an area of safety critical work are assigned to carry out that work; and (c) any training necessary for persons assigned to carry out safety critical work is provided. (2) In this regulation "safety critical work" means work which may affect the safety of the facility. Division 4—Records r. 25 -- 13 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 12 27. Records (1) A gas company must, in accordance with this regulation, establish and maintain a system for keeping records relating to the safety case for each of its facilities. Penalty: 20 penalty units. (2) The records required to be kept under sub- regulation (1) are— (a) the accepted safety case; and (b) any revisions of the accepted safety case; and (c) any written audit reports of the accepted safety case; and (d) a copy of each report given by the gas company to the Office of Gas Safety. (3) The records must be kept— (a) at the address nominated in the safety case by the gas company in respect of the facility; and (b) in a manner that makes their retrieval reasonably practicable; and (c) in a secure manner; and (d) for the period of 7 years from the creation of the record. _______________ r. 27 -- 14 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 13 PART 3—SAFETY CASES FOR GAS INSTALLATIONS AND APPLIANCES 28. Safety case under section 52 of the Act A safety case under section 52 of the Act must comply with the requirements of Part 2 (except regulation 12) of these Regulations and for that purpose that Part applies as if— (a) any reference to a facility were a reference to a Type B gas installation; and (b) any reference to a gas company were a reference to the operator of the Type B gas installation. 29. Safety case under section 53 of the Act A safety case under section 53 of the Act must comply with the requirements of Part 2 of these Regulations (except regulation 12) and for that purpose that Part applies as if— (a) any reference to a facility were a reference to the supply and installation of the Type B appliances concerned; and (b) any reference to a gas company were a reference to the manufacturer of the Type B appliances. 30. Safety case under section 54 of the Act A safety case under section 54 of the Act must comply with the requirements of Part 2 of these Regulations (except regulation 12) and for that purpose that Part applies as if— (a) any reference to a facility were a reference to the manufacture of the Type B gas installations concerned; and r. 28 -- 15 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 14 (b) any reference to a gas company were a reference to the manufacturer of the Type B gas installations. _______________ r. 30 -- 16 of 17 -- S.R. No. 5/1999 Gas Safety (Safety Case) Regulations 1999 15 PART 4—REPORTING OF GAS INCIDENTS 31. Requirements for reporting of gas incidents (1) For the purposes of section 36(1) of the Act, a gas company must report gas incidents which occur in relation to the facility as follows— (a) if the gas incidents affected only the facility and did not cause death or personal injury, the gas company must report them in the form of a statistical summary on a quarterly basis; (b) the gas company must report all other gas incidents as soon as practicable after they occur. (2) For the purposes of section 36(2) of the Act, a gas company must report a gas incident as soon as practicable after it becomes aware of the incident. (3) The report of a gas incident under section 36 of the Act must specify, to the extent that the information is available to the gas company— (a) the nature of the gas incident; and (b) where and when the gas incident occurred; and (c) the cause of the gas incident; and (d) whether any emergency service attended the gas incident; and (e) what remedial actions (if any) were taken by the gas company. ═══════════════ r. 31 -- 17 of 17 --