Duties relating to certain risks to safety
9 Duties relating to certain risks to safety
In this regulation —
investigate includes to consider whether or not a work practice or safety management system contributed to a risk to safety;
risk to safety, in relation to a network, means —
anything at a place where a prescribed activity is being carried out on a network that is a risk to safety; or
the condition of any part of the network that is a risk to safety.
If a network operator becomes aware of a risk to safety in relation to a network of the network operator, the network operator must, as soon as is reasonably practicable, investigate the risk.
Penalty for this subregulation: a fine of $250 000.
Subregulation (2) does not apply to a risk that is inherent.
If a person for whom a network operator is responsible becomes aware of a risk to safety in relation to a network of the network operator, the person must, as soon as is reasonably practicable, notify the network operator of the risk, unless the person knows that the network operator has already been notified.
Penalty for this subregulation:
for an individual, a fine of $50 000;
for a body corporate, a fine of $250 000.
If an investigation reveals that there is a risk to safety, the network operator must ensure, so far as is reasonably practicable, that —
the risk is minimised or eliminated, as soon as is reasonably practicable; and
until the risk is minimised or eliminated, no prescribed activity is carried out on any affected part of the network, other than work to minimise or eliminate the risk.
Penalty for this subregulation: a fine of $250 000.
The requirements imposed by this regulation are in addition to any requirements applying under an applicable safety management system.
[Regulation 9 amended: SL 2021/218 r. 12.]
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