A critical pitfall of major hazard performance monitoring
Performance monitoring is critical to ensure that the risk control measures relied upon by Major Hazard Facilities (MHF) are implemented, functional and effective each and every time they are needed. Poorly implemented, ineffective or non-functional risk control measures can significantly increase the risk of a major incident.
The Work Health and Safety (WHS) and Occupational Health and Safety Regulations (OHS) contain specific duties for operators and employees of MHFs in order to prevent major incidents. As part of the Safety Case regime, Operators of an MHF must demonstrate the adequacy of the measures to be implemented to control their major incident risks so far as is reasonably practicable (SFARP).
The WHS/OHS Regulations require an MHF Operator to implement risk control measures which:
eliminate or minimise, the risk of a major incident (often termed preventative controls)
minimise, the magnitude and severity of a major incident (often termed mitigative controls)
Further, the WHS/OHS Regulations require MHF Operators to establish a safety management system (SMS) which incorporates performance indicators for the effectiveness of risk control measures implemented. The WHS/OHS Regulations do not differentiate the types of risk control measures (“critical” versus non-critical) so why do so many MHFs monitor only their critical risk control measures?
WorkSafe Victoria does provide some guidance on this often misunderstood area of “critical” risk control measures, noting some MHF operators[1]
“…put effort into classifying some of their control measures as critical and then subject them to more scrutiny appropriate to the level of protection they need to provide…”
Whilst critical controls may be subject to more scrutiny, it is not acceptable to ignore all other adopted risk control measures; their performance must also be monitored. A failure to do so will drew the ire of the OHS/WHS Regulator who expect that all risk controls are implemented and functional, irrespective of whether they are classified as critical.
The OHS Regulations in Victoria (like the WHS Regulations) do not prescribe how critical controls may be identified or managed, however WorkSafe Victoria identifies factors which may be used to identify critical controls:
a control measure relied upon to reduce or mitigate incidents having very severe potential consequences
a single control measure which reduces or prevents a major incident hazard and therefore prevents a major incident
other control measures that provide ‘back-up’, are known to be weak, for example, poor reliability or effectiveness
a control measure relied on to control a number of different major hazards
a control measure relied on to prevent the most likely hazards that cause a major incident
Regardless of whether an MHF adopts the term “critical controls", the regulatory expectation remains that all risk controls will be monitored albeit critical controls may be subject to increased monitoring.
[1] Section 3.3.7, WorkSafe Victoria, Guidance note: Control measures for a major hazard facility, December 2019