Chapter 9: WHS Major Hazard Facilities

Regulatory citation: Model Work Health and Safety Regulations, Chapter 9 (Major hazard facilities) and Schedules 15–18

What Are the WHS Major Hazard Facility Regulations?

Chapter 9 of the model WHS Regulations regulates major hazard facilities (MHFs). An MHF is a facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity, or a facility the regulator has determined to be an MHF under Part 9.2.

Chapter 9 sets up a process of notification, determination, risk management and licensing. Regulation 535 states that a major hazard facility must be licensed. Schedule 15 lists the chemicals and threshold quantities, and Schedules 16 to 18 list matters for emergency plans, safety management systems and safety cases.

Why MHF Regulation Matters

A major incident at a facility holding large quantities of hazardous chemicals, such as a fire, explosion or toxic release, can affect workers, neighbours and the wider community. The MHF rules require operators to show the regulator that they understand their major incident hazards and control them.

Core Obligations

1. Notify the Regulator Above 10% of Threshold (r536)

The operator of a facility where Schedule 15 chemicals are present, or likely to be present, in a quantity exceeding 10% of their threshold quantity must notify the regulator. Safe Work Australia guidance states this must be done as soon as practicable, and no more than 3 months after the operator became aware, or ought reasonably to have become aware, of the circumstances. Operators of proposed facilities may notify under regulation 537.

2. Respond to Determination (r539–545)

If quantities exceed the threshold, the regulator must determine the facility is an MHF. Between 10% and the threshold, the regulator may hold an inquiry and determine the facility is an MHF, considering factors such as the chemicals, activities and surrounding land use. The regulator may also determine whether the operator is suitable.

3. Re-Notify When Quantities Increase (r547–548)

An operator of a facility that has been notified but not determined must re-notify if the quantity of Schedule 15 chemicals increases, or is likely to increase, beyond the previously notified level. A proposed new operator of a determined MHF must also notify the regulator.

4. Provide a Safety Case Outline (r551–552)

Within 3 months after the facility is determined to be an MHF, the operator must give the regulator a safety case outline. It includes a plan for preparing the safety case, the methods and resources to be used, consultation with workers, a draft emergency plan and a summary of security arrangements.

5. Identify Hazards, Assess and Control Risk (r554–556)

The operator must identify all major incidents that could occur and their hazards, carry out and document a safety assessment, and implement control measures that eliminate or minimise the risk of a major incident so far as is reasonably practicable.

6. Prepare and Test an Emergency Plan (r557)

The emergency plan must address the health and safety consequences of a major incident, including off-site, and include the matters in Schedule 16. The operator must consult the relevant emergency service organisations and, for off-site consequences, the local authority. The plan must be tested in line with the emergency services' recommendations before the operator applies for a licence, and copies given to emergency services.

7. Establish a Safety Management System and Safety Case (r558, r561)

The operator must establish a safety management system covering the matters in Schedule 17, and prepare a safety case covering the matters in Schedule 18. The safety case shows how the safety management system will control the risk of a major incident.

8. Apply for a Licence Within 24 Months (r549, Part 9.7)

The operator must apply for an MHF licence within 24 months after the determination, unless the regulator extends this. Once licensed, the operator must keep reviewing risk management and the safety case, inform visitors and the local community (r571–573), and consult workers (r575). Workers at an MHF also have their own duties.

Common Compliance Approaches

Chemical Inventory Tracking

Track maximum quantities of Schedule 15 chemicals on site, including in process, so the 10% trigger is not missed.

Integrated Safety Case Program

Run hazard identification, safety assessment, emergency planning and worker consultation as one program.

Joint Exercises With Emergency Services

Test the emergency plan with local emergency services and update it with what is learned.

Example: MHF Compliance in Practice

A fuel distribution company expands its terminal and calculates that its flammable liquid storage will exceed 10% of the Schedule 15 threshold, and later the full threshold. It notifies the regulator within 3 months, and the facility is determined to be an MHF. The company submits a safety case outline within 3 months of the determination, then works with workers and their representatives on hazard studies. It tests its emergency plan with the local fire service before lodging its licence application, well inside the 24-month deadline.

Related regulations: WHS hazardous chemicals, WHS first aid and emergency plans, OSHA process safety management.

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only have legal effect once a jurisdiction adopts them. Most states and territories have adopted them with some variations, which can include different wording or regulation numbers, while Victoria has not adopted the model WHS laws and has its own OHS laws. Amendments to the model laws apply only once a jurisdiction adopts them. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

When must a facility notify the regulator?

When Schedule 15 chemicals are present, or likely to be present, in a quantity exceeding 10% of their threshold quantity. Safe Work Australia guidance says notification is required as soon as practicable and within 3 months.

How long does an operator have to apply for an MHF licence?

The licence application must be made within 24 months after the facility is determined to be an MHF, unless the regulator extends the time.

Is every site over 10% of threshold an MHF?

No. Sites above the full threshold quantity must be determined MHFs. Between 10% and the threshold, the regulator decides after an inquiry whether to determine the site an MHF.