WSH (Major Hazard Installations) Regulations 2017

Workplace Safety and Health (Major Hazard Installations) Regulations 2017
PART 2
KEEPING, MAINTENANCE AND IMPLEMENTATIONOF SAFETY CASE

Application of this Part

3. This Part applies to every major hazard installation or deemed major hazard installation, whether or not registered.

Duty to reduce risk of major accidents

4. The occupier of a major hazard installation or deemed major hazard installation must take all measures necessary to reduce the risk of major accidents to as low as is reasonably practicable and to limit the consequences of major accidents.

Keeping and maintenance of safety case

5.Subject to regulation 11(4), the occupier of a major hazard installation or deemed major hazard installation must keep and maintain a safety case in respect of the major hazard installation or deemed major hazard installation.

Implementation of safety case

6.Subject to regulation 11(4), the occupier of a major hazard installation or deemed major hazard installation must implement the safety case for the major hazard installation or deemed major hazard installation by doing all of the following:

(a)implement the major accident prevention policy for the major hazard installation or deemed major hazard installation;

(b)ensure that the person mentioned in paragraph 1(b) of Part 2 of the Third Schedule carries out the roles and responsibilities specified in that paragraph;

(c)implement the plan mentioned in paragraph 1(d) of Part 2 of the Third Schedule;

(d)implement the safety and health management system in accordance with the Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009 (G.N. No. S 607/2009);

(e)ensure that the necessary resources, mentioned in paragraph 3 of Part 2 of the Third Schedule, are available for implementing the major accident prevention policy;

(f)implement the preventive measures mentioned in paragraph 5(a) of Part 2 of the Third Schedule;

(g)ensure that the processes carried out in the major hazard installation or deemed major hazard installation are carried out in accordance with the description in paragraph 5(b) of Part 2 of the Third Schedule;

(h)operate the major hazard installation or deemed major hazard installation in accordance with the description mentioned in paragraph 6(f) of Part 2 of the Third Schedule;

(i)implement the measures mentioned in paragraph 7 of Part 2 of the Third Schedule

REGISTRATION OF PREMISES AS MAJOR HAZARD INSTALLATION

Register

7.—(1) The Commissioner must cause a register of major hazard installations to be kept and maintained in such form as the Commissioner may determine.

(2) The register must contain the building names (if any) and addresses of all registered major hazard installations and such other particulars of the major hazard installations as the Commissioner may determine.

Application to register major hazard installation

8.—(1) An application to register any premises described in the Second Schedule as a major hazard installation must be made to the Commissioner.

(2) An application under paragraph (1) must —

(a)be in the form and manner that the Commissioner requires for the application;

(b)be accompanied by such other particulars, information, statements and documents as the Commissioner may require; and

(c)be made at least 6 months before the premises are occupied or used as a major hazard installation or by such other date as the Commissioner may allow in any particular case.

Registration of major hazard installation

9.—(1) After considering an application for registration, the Commissioner may —

(a)on payment of the appropriate registration fee specified in the Fourth Schedule —

(i)register the premises as a major hazard installation subject to such conditions as the Commissioner thinks fit to impose;

(ii)enter in the register of registered major hazard installations such particulars pertaining to the occupier of the premises and the major hazard installation as the Commissioner thinks fit; and

(iiiissue to the applicant a certificate of registration; or

(b)refuse to register the premises.

(2) Where the Commissioner refuses to register the premises in respect of which an application for registration has been made, the Commissioner must notify the applicant of the reasons for the Commissioner’s refusal.

Duration of registration and renewal

10.—(1) Subject to regulation 15(4), the registration of a registered major hazard installation is valid for a period of 5 years, or for such other period as the Commissioner may determine in a particular case, unless the registration is earlier revoked, suspended or cancelled in accordance with these Regulations.

(2) The Commissioner may, on the application by the occupier of a registered major hazard installation to renew the registration —

(a)renew the registration on payment of the appropriate renewal fee specified in the Fourth Schedule; or

(b)refuse to renew the registration.

(3) An application to renew the registration must be made not later than 6 months before the date of expiry of the registration, unless otherwise allowed by the Commissioner in any particular case.

(4) An application to renew a registration must be accompanied by the particulars, information, statements and documents that the Commissioner requires for the application.

(5) A registration may be renewed under paragraph (2)(a) for 5 years or such other period as the Commissioner may determine in a particular case, unless the registration is earlier revoked, suspended or cancelled in accordance with these Regulations.

Power to require registration in certain circumstances

11.—(1) Subject to paragraph (2), where the Commissioner is satisfied that any factory not falling within the description of a major hazard installation in the Second Schedule is operating in such a manner as to pose, or is likely to pose, a significant risk to the safety, health and welfare of persons at work within or around the premises, the Commissioner may issue a direction to the occupier of the factory —

(a)specifying a date by which the factory must be registered as a major hazard installation; and

(b)specifying the period mentioned in paragraph (4).

(2) The Commissioner may issue a direction under paragraph (1) only if the Commissioner has given the occupier of the factory concerned an opportunity to show cause as to why the factory should not be required to be registered as a major hazard installation.

(3) Regulations 8(2), 9 and 10 apply to an application to register any factory as a major hazard installation in compliance with the Commissioner’s direction under paragraph (1).

(4) Subject to paragraph (5), regulations 5 and 6 do not apply to a deemed major hazard installation for the period that the Commissioner may determine.

(5) The occupier of a deemed major hazard installation must, by the end of the period mentioned in paragraph (4), submit to the Commissioner the safety case for the deemed major hazard installation.

Change in relation to occupation, use or particulars of registered major hazard installation

12.—(1) The occupier of a registered major hazard installation must —

(a)where there is a change in any of the particulars of the registered major hazard installation entered in the register of major hazard installations, furnish particulars of the change to the Commissioner in the form and manner that the Commissioner requires, not later than 14 days after the change occurs; or

(b)where a change is to be made to the type of work carried out in the registered major hazard installation, inform the Commissioner of the proposed change and provide the Commissioner with the relevant documents pertaining to the change and such other information as the Commissioner may require, not less than one month before the change is to be made.

(2) Any person who contravenes paragraph (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(3) Any person who contravenes paragraph (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

Duty to notify of stoppage, etc.

13.—(1) The occupier of a registered major hazard installation must notify the Commissioner, in the form and manner that the Commissioner requires, if —

(a)the occupier intends to permanently decrease the quantity of a dangerous substance present or likely to be present in the premises of the registered major hazard installation such that the premises no longer fall within the description of a major hazard installation in the Second Schedule, not less than 14 days before decreasing the quantity of the dangerous substance; or

(b)the occupier intends to cease occupation or use of the premises as a major hazard installation, not less than 14 days before ceasing to occupy or use the premises.

(2)  Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Revocation, suspension or cancellation of registration

14.—(1) The Commissioner may direct the occupier of a registered major hazard installation to comply with the requirements that the Commissioner specifies in the direction, if the premises of the registered major hazard installation become unfit for occupation or use as a major hazard installation because of —

(a)a failure by the occupier of the registered major hazard installation to ensure that the works carried out in the registered major hazard installation are carried out safely;

(b)a structural change to the premises of the registered major hazard installation or any change in the layout of the premises; or

(c)a fact or circumstance not present when the major hazard installation was registered.

(2) The Commissioner may revoke the registration of a registered major hazard installation if —

(a)the occupier of the registered major hazard installation to whom a direction under paragraph (1) is given fails to comply with the direction;

(b)the Commissioner is satisfied that the occupier of the registered major hazard installation has contravened a condition of registration; or

(c)the Commissioner is satisfied that the occupier of the registered major hazard installation has ceased occupation or use of the premises as a major hazard installation.

(3) However, the Commissioner may, in lieu of revoking the registration of a registered major hazard installation under paragraph (2), suspend the registration for such period as the Commissioner thinks fit.

(4) The Commissioner may cancel the registration of a registered major hazard installation on the application of the occupier of the registered major hazard installation.

(5) The Commissioner must, before revoking or suspending the registration of the registered major hazard installation under paragraph (2) or (3), give to the occupier of the registered major hazard installation —

(a)notice of the Commissioner’s intention to revoke or suspend the registration; and

(b)a reasonable opportunity to submit reasons as to why the registration should not be revoked or suspended.

(6) Where the Commissioner has decided, under this regulation, to revoke or suspend the registration of the registered major hazard installation, the Commissioner must give notice of the decision to the occupier of that registered major hazard installation.

(7) The revocation or suspension of the registration of a registered major hazard installation under paragraph (2) or (3) does not take effect —

(a)until the expiration of 21 days after the date on which notice of the Commissioner’s decision to revoke or suspend the registration was given to the occupier of the registered major hazard installation under paragraph (6); or

(b)Where an appeal against the decision is made to the Minister under regulation 15, until the appeal has been determined or withdrawn.

(8) The Commissioner may, at any time, and for any reason that the Commissioner considers sufficient, shorten the period for which the registration of a registered major hazard installation is suspended.

Appeals to Minister

15.—(1) An applicant who is aggrieved by the Commissioner’s refusal —

(a)to register any premises as a major hazard installation; or

(b)to renew the registration of any premises as a major hazard installation,

may, within 21 days after the date the applicant is notified of the decision, appeal to the Minister in the form and manner that the Minister requires for the appeal.

(2) The occupier of a registered major hazard installation who is aggrieved by the Commissioner’s decision to revoke or suspend the registration of the registered major hazard installation under regulation 14(2) or (3) may, within 21 days after the date the occupier is notified of the revocation or suspension, appeal to the Minister in the form and manner that the Minister requires for the appeal.

(3) The occupier of any premises who is aggrieved by any direction of the Commissioner under regulation 11(1) or 14(1) may, within 7 days after the date the occupier is notified of the direction, appeal to the Minister in the form and manner that the Minister requires for the appeal.

(4)Where an appeal is made under paragraph (1)(b), the registration of the major hazard installation concerned may continue to remain in force until the appeal has been determined or withdrawn, as the case may be.

(5)Where an appeal is made under paragraph (3), the direction appealed against does not take effect until the appeal has been determined or withdrawn, as the case may be.

(6) The Minister may determine an appeal under this regulation —

(a)by confirming the refusal, decision or direction of the Commissioner; or

(b)by substituting that refusal, decision or direction with the Minister’s decision in the appeal.

(7) The decision of the Minister in an appeal under this regulation is final.

Waiver or refund of fees

16.The Commissioner may waive or refund the whole or any part of any fee paid or payable under these Regulations.

These are just some of the Major Hazard Installation legal requirement. To learn more refer to the Singapore Statues Online and update your organization compliance obligation procedure