Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:359
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 359
Character Range: 484460–486775

359  Fire protection and firefighting equipment
 (1) A person conducting a business or undertaking at a workplace must ensure the following:
 (a) the workplace is provided with fire protection and firefighting equipment that is designed and built for the types of hazardous chemicals at the workplace in the quantities in which they are used, handled, generated or stored at the workplace, and the conditions under which they are used, handled, generated or stored, having regard to:
 (i) the fire load of the hazardous chemicals; and
 (ii) the fire load from other sources; and
 (iii) the compatibility of the hazardous chemicals with other substances and mixtures at the workplace;
 (b) the fire protection and firefighting equipment is compatible with firefighting equipment used by the primary emergency service organisation;
 (c) the fire protection and firefighting equipment is properly installed, tested and maintained;
 (d) a dated record is kept of the latest testing results and maintenance until the next test is conducted.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) If a part of the fire protection and firefighting equipment provided at the workplace becomes unserviceable or inoperative, the person must ensure that:
 (a) the implications of the equipment being unserviceable or inoperative are assessed; and
 (b) for risks that were controlled by the equipment when functioning fully, alternative measures are taken to manage the risks.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (3) The person must ensure that the fire protection and firefighting equipment is returned to full operation as soon as practicable.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.