Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A safety management system for handling a dangerous substance is a system that does each of the following:
(a) identifies the hazards associated with the substance, having regard to the current state of knowledge about the hazards;
(b) identifies and assesses the risks resulting from the identified hazards, having regard to the current state of knowledge about the risks;
(c) controls the risks by eliminating the hazards or, if this is not reasonably practicable, minimising the risks as far as reasonably practicable;
(d) provides for how compliance with the system is to be documented;
(e) complies with any requirement prescribed by regulation (either in addition to or instead of a requirement mentioned in paragraphs (a) to (d)).
Example for par (e)
A regulation may provide that a supplier of a stated dangerous substance may identify the hazards associated with the substance, and identify and assess the risks resulting form the hazards, by reviewing the safety information supplied by the substance's manufacturer under section 26 (1) (e) instead of complying with subsections (2) and (3).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) For subsection (1) (a), the matters that must be considered in identifying the hazards include, for example—
(a) the chemical and physical properties of the dangerous substance; and
(b) any chemical and physical reactions that may happen if the substance comes into contact with other substances; and
(c) the premises, plant and systems for handling the substance; and
(d) anything else prescribed by regulation for this subsection.
Examples for par (c)
1 access to the premises or plant at the premises, including access by members of the public
2 the design, physical location and arrangement of areas and plant
3 the characteristics of the materials used in plant
4 activities, systems of work and non-dangerous substances that could interact with the substance
Note Plant includes a building or other structure (see dict).
(3) For subsection (1) (b), the matters that must be considered in identifying and assessing the risks include, for example—
(a) the matters mentioned in subsection (2); and
(b) the consequences, at premises where the dangerous substance is to be handled and elsewhere, of incidents that may happen because of the handling of the substance at the premises; and
(c) anything else prescribed by regulation for this subsection.
(4) For subsection (1) (c), the matters that must be considered in controlling the risks include, for example—
(a) implementing, operating, maintaining and repairing systems to ensure the dangerous substance is handled safely; and
(b) allocating responsibilities to people involved in the handling of the substance to ensure the substance is handled safely; and
(c) appropriately inducting or supervising people handling the substance; and
(d) giving appropriate information, education and training to people handling the substance about the hazards associated with the substance, and the risks resulting from them; and
(e) anything else prescribed by regulation.
Examples of systems for par (a)
1 safe systems of work and safe handling systems
2 security systems for premises where the substance is manufactured or stored
3 a system to identify and rectify any incidents of
noncompliance (including minimising any risks resulting from the
noncompliance) with the safety management system