Equipment (Public Safety) (Incident Notification) Regulations 1997

i Equipment (Public Safety) (Incident Notification) Regulations 1997 S.R. No. 24/1997 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Definitions 2 5. Notice of Incident 2 6. Notice of dangerous occurrence 3 7. Incident Records 3 8. Preservation of site 4 9. Duties of supplier of prescribed equipment for hire or lease 4 __________________ SCHEDULE 6 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1997 S.R. No. 24/1997 Equipment (Public Safety) Act 1994 Equipment (Public Safety) (Incident Notification) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 2 April 1997 Responsible Minister: ROGER HALLAM Minister for Finance N. C. WHITE Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) specify notifiable incidents; and (b) prescribe procedures relating to notifiable incidents involving prescribed equipment— for the purposes of identifying whether preventative action is necessary following an incident occurring at an equipment site. 2. Authorising provisions These Regulations are made under section 36 of the Equipment (Public Safety) Act 1994. -- 2 of 8 -- S.R. No. 24/1997 Equipment (Public Safety) (Incident Notification) Regulations 1997 2 3. Commencement These Regulations come into operation on 14 April 1997. 4. Definitions In these Regulations— "incident" means an accident or dangerous occurrence; "medical treatment" means treatment by a registered medical practitioner within the meaning of the Medical Practice Act 1994; "prescribed equipment" means any equipment declared to be prescribed equipment under the Equipment (Public Safety) (General) Regulations 1995 1 . 5. Notice of Incident A person who is in charge of prescribed equipment at an equipment site must notify the Authority immediately after the person becomes aware of an incident involving the equipment which results in— (a) the death of any person; or (b) a person requiring medical treatment within 48 hours of exposure to a substance; or (c) a person requiring immediate treatment as an in-patient in a hospital; or (d) a person requiring immediate medical treatment for— (i) the amputation of any part of his or her body; or (ii) a serious head injury; or (iii) a serious eye injury; or r. 3 -- 3 of 8 -- S.R. No. 24/1997 Equipment (Public Safety) (Incident Notification) Regulations 1997 3 (iv) the separation of his or her skin from underlying tissue (such as degloving or scalping); or (v) electric shock; or (vi) a spinal injury; or (vii) the loss of a bodily function; or (viii) serious lacerations. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. 6. Notice of dangerous occurrence A person who is in charge of prescribed equipment at an equipment site must notify the Authority immediately after the person becomes aware of an incident involving the equipment which exposed a person in the immediate vicinity of the equipment to an immediate risk to the person's health and safety through— (a) the collapse, overturning, failure or malfunction of, or damage to, any item of plant listed in item 2 of Schedule 2 of the Occupational Health and Safety (Plant) Regulations 1995 2 ; or (b) an implosion, explosion or fire. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. 7. Incident Records (1) In addition to the notification required by regulations 5 and 6, a person to whom those regulations apply must provide a written record of the incident to the Authority within 48 hours of being required to comply with regulations 5 and 6. r. 6 -- 4 of 8 -- S.R. No. 24/1997 Equipment (Public Safety) (Incident Notification) Regulations 1997 4 (2) The record must include the information listed in the Schedule. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. 8. Preservation of site (1) If an incident involving prescribed equipment at an equipment site results in the death of any person, the person who is in charge of the equipment must ensure the site of the incident is not disturbed until— (a) an inspector arrives at the site of the incident; or (b) an inspector directs otherwise at the time of notification. (2) Sub-regulation (1) does not apply if the disturbance to the site is for the purpose of— (a) protecting the health and safety of any person; or (b) aiding an injured person involved in an incident; or (c) taking essential action to make the scene safe or to prevent a further occurrence of an incident. Penalty: In the case of a body corporate—400 penalty units. In any other case100 penalty units. 9. Duties of supplier of prescribed equipment for hire or lease A supplier who hires or leases prescribed equipment must take all reasonable steps to ensure that the requirements of regulations 5, 6, 7 and 8 r. 8 -- 5 of 8 -- S.R. No. 24/1997 Equipment (Public Safety) (Incident Notification) Regulations 1997 5 are brought to the attention of the person who is hiring or leasing the equipment, at the time of hire or lease. Penalty: In the case of a body corporate400 penalty units. In any other case100 penalty units. __________________ r. 9 -- 6 of 8 -- S.R. No. 24/1997 Equipment (Public Safety) (Incident Notification) Regulations 1997 6 SCHEDULE (REGULATION 7) The following information* must be submitted in writing to the Authority— 1. name of person/organisation required to notify the Authority under these Regulations; 2. business address of person/organisation required to notify; 3. details of deceased/injured person(s)[if any]—name, date of birth, sex, residential address and telephone number, occupation/job title (if applicable); 4. time and date of incident; 5. place/location where incident occurred; 6. work/activity being undertaken at time of incident; 7. brief description of incident; 8. person(s) who saw incident or first came on scene; 9. action taken/intended, if any, to prevent recurrence of incident; 10. name/position title/telephone number of person submitting these details and date of submitting details. * information to the extent that it is known at the time of writing. ═══════════════ Sch. -- 7 of 8 -- S.R. No. 24/1997 Equipment (Public Safety) (Incident Notification) Regulations 1997 7 NOTES 1 S.R. No. 82/1995. 2 S.R. No. 81/1995. Note: Item 2 of Schedule 2 of the Occupational Health and Safety (Plant) Regulations 1995 lists the following plant— • boilers categorised as hazard level A, B or C according to the criteria identified in AS 3920—Part 1, Pressure Equipment Manufacture—Assurance of Product Quality; • pressure vessels categories as hazard level A, B or C according to the criteria identified in AS 3920—Part 1, Pressure Equipment Manufacture—Assurance of Product Quality, other than— (a) gas cylinders to which AS 2030—Gas Cylinders applies; and (b) liquefied petroleum gas fuel vessels for automotive use to which AS 3509—LP Gas Fuel Vessels for Automotive Use applies; and (c) serially produced vessels to which AS 2971—Serially Produced Pressure Vessels applies; • tower cranes; • lifts; • building maintenance units; • amusement structures to which AS 3533—Amusement Rides and Devices applies, other than amusement structures referred to in the standard as class 1 structures; • concrete placing units (truck-mounted with boom); • mobile cranes with a safe working load greater than 10 tonnes. Notes -- 8 of 8 --