Application to Become an Approved Assessor

Information Pack

and

Application to become an Approved Assessor

July 2008

Table of Contents

1. Purpose and Scope

2.Approval Scheme for Assessors

2.1Who can apply to become an Approved Assessor?

2.2Role of an Approved Assessor

2.2.1Dealing with conflicts of interest

2.2.2Managing security sensitive information

2.3Decision on Application

2.4Register of Approved Assessors (Reg 9.66)

2.5Conditions of approval (Reg 9.64)

2.6Revocation of the approval of an Approved Assessor(Reg. 9.65)

3.Information to be Included in an Application

3.1Mandatory Qualifications, Skills and Experience

3.2Mandatory Information

3.3Highly Desirable Qualifications, Skills and Experience

4.Where to send the Application form

1. Purpose and Scope

This application pack provides information about the approval scheme for assessors under Part 9 Major Hazard Facilities (MHF) of the Occupational Health and Safety (Safety Standards) Regulations 1994, (the Regulations).

The application form is located at the end of this pack. The following information provides guidance only and applicants should refer to, and be familiar with, the specific requirements of the Regulations and the guidance material about the Regulations, on Comcare’s website (

Approval Scheme for Assessors
Who may apply to become an Approved Assessor?

An Approved Assessor may be a person,an organisation or a statutory authority of a State of Territory who applies to Comcare, for approval to be engagedby an employer in control of (or who intend to be in control of) an MHF.

Note: There is no fee for this application

2.2Role of an Approved Assessor

Employers in control of an MHF must apply to Comcare for a licence to operate an MHF. In preparation for this application an employer must develop a safety report for the facility, and have this report assessed by an Approved Assessor. An Approved Assessor is required to prepare an assessment of the safety report for the MHF, accompanied by an executive summary. The executive summary is submitted, by the employer, in support of an application for a licence to operate an MHF.

The employer’s safety report should demonstrate the adequacy of the control measures at the facility and how the Safety Management System (SMS) at the facility supports those control measures in a comprehensive and integrated way. Schedule 9A of the Regulations contains the information to be included in the safety report.

The executive summary must address the following matters:

hazard identification for major hazards at the facility;
risk assessment for major hazards at the facility;
risk control for major hazards at the facility;
whether the employer has implemented an adequate safety management system; and
the development of the safety report.

The following statements must also be included within the executive summary:

a statement as to whether the Approved Assessor is satisfied that the safety report complies with the requirements specified in the regulation 9.47 for safety report development;
a brief description of how the MHF complies with the regulations and with the conditions of any licence (including a bridging licence) or certificate of compliance;
for an identified MHF in relation to which a bridging licence is in force – include a statement about whether the Approved Assessor is satisfied that the safety report complies with the requirements (if any) for the safety report included in the bridging licence;
for an MHF in relation to which a certificate of compliance is in force – include a statement about whether the Approved Assessor is satisfied that the safety report complies with requirements (if any) for the safety report included in the certificate;
an assessment of the employer’s ability to operate the major hazard facility in asafe manner; and
a statement about whether, in the Approved Assessor’s opinion, the employer should be granted a licence and what conditions (if any) should be imposed on the licence.

2.2.1Dealing with conflicts of interest

Applicants should consider the potential for a conflict of interest in undertaking the role of an Approved Assessor.

There are some specific regulations in this regard. Regulation 9.49 (3) provides that the assessment of the safety report must not be carried out by:

a)an Approved Assessor who is an employee of, or a contractor of, the employer; or

b)an individual who is employed, engaged or contracted by an Approved Assessor who is an employee of, or a contractor of, the employer.

The most likely scenario for an actual conflict of interest is where an individual employed or contracted by anApproved Assessor has been selected to assess a safety report which they have helped prepare. Regulation 9.49(4) states that if the safety report was prepared by an Approved Assessor, the assessment of the safety report must not be carried out by;

that Approved Assessor; or
any individual who is employed, engaged, or contracted by the Approved Assessor.

It could be detrimental to an employer’s licence application if a conflict of interest was not declared openly to Comcare by the employer or the Approved Assessor.

2.2.2Managing security sensitive information

Applicants should be aware that a number of employers in the Commonwealth jurisdiction will require various levels of security clearance to either gain access to an MHF or view documents held by that employer.

It will be the Approved Assessor’s responsibility to obtain the necessary security clearance if required.

2.3Decision on Application

Applicants will be advised of a decision to refuse or approve an application to be an Approved Assessor within 6 months of Comcare receiving a completed application form. If an applicant is approved as an Approved Assessor they will be notified and their contact details listed within a register of Approved Assessors on Comcare’s website. Employers must engage an Approved Assessor (where there is no conflict of interest) from this register.

The period of approval as an assessor will be the period specified by Comcare and will not exceed 5 years.

2.4Register of Approved Assessors (Reg 9.66)

The register of Approved Assessors will set out the following:

the name of each Approved Assessor;
if the Approved Assessor is an individual who carries on business under a name other than his or her own name – that other name; and
the business address of each Approved Assessor.

Approval by Comcare and inclusion on the register of Approved Assessors does not guarantee that each Approved Assessor will be engaged by an employer. An employer is entitled to select the Approved Assessor having regard to relevant expertise and on terms and conditions which are agreed between the Approved Assessor and the employer.

2.5Conditions of approval (Reg 9.64)

Approved Assessors may be subject to conditions specified by Comcare. Comcare may add, vary or revoke a condition at any time. Conditions may include provisions to ensure continued competency on behalf of the Approved Assessor.

2.6Revocation of the approval of an Approved Assessor(Reg. 9.65)

An Approved Assessor must comply with the conditions of the approval and Comcare may revoke the approval if it is satisfied that:

the Approved Assessor has failed to comply with a condition of the approval; or
the approval was given on the basis of false or misleading information, or a failure to disclose particular information in the application for approval.

Information to be Included in an Application

Comcare must be satisfied that the applicant has the appropriate qualifications, skills and experience to perform the role of an Approved Assessor. Comcare will consider the following when assessing an application:

3.1Mandatory Qualifications, Skills and Experience

A tertiary qualification with majors in one or more of the disciplines listed in Major Fields A;
A minimum of five years professional experience in at least one of the nominated disciplines in Major Fields B, preferably related to the control of MHFs;
High level analytical and problem-solving skills, in particular related to the technical assessment of safety management systems;
Highly developed communication skills (both oral and written);
Knowledge and understanding of occupational health and safety, planning and environmental legislative frameworks as they relate to the management and control of MHFs in Australia; and
An understanding and awareness of current and emerging issues related to MHF safety management and control.

3.2Mandatory Information

Security clearances held by the Applicant– this may include security clearances held with the Australian Government or a private security firm to the level of restricted or secret; and
Conflict of interest declaration and resolution processes– Applicants must provide information about any actual or potential conflicts of interest between the applicant’s business or other interests and the role of an Approved Assessor. In addition an applicant must provide details on how they intend to manage any conflict of interest between the Approved Assessor and the employer as they exist and/or if they arise.

3.3Highly Desirable Qualifications, Skills and Experience

Detailed knowledge and a high level of technical expertise relevant to the storage and handling of dangerous goods and prevention of major accidents;
Detailed knowledge and a high level of technical expertise relevant to the manufacturing, storage and handling of explosives and prevention of major accidents;
Detailed knowledge and a high level of technical expertise relevant to hazardous substances management and prevention of major accidents;
Detailed knowledge and a high level of technical expertise in hazard management and prevention of accidents relevant to laboratories classified at the Physical Containment Level 3 or Physical Containment Level 4, in accordance with the Australian Standards 2243:3.1995 or 2243:3.2002; and
Detailed knowledge and a high level of specific technical expertise in hazard management and prevention of accidents relevant to nuclear installations or prescribed radiation facilities as defined in the Australian Radiation Protection and Nuclear Safety Act 1998 and associated Regulations.

4.Where to send the Application form

The application form and all supporting documentation should be returned to the MHF Contact Officer at Comcare, either:

In person: Level 1, 14 Moore St

Canberra, ACT 2600

Mail: HAZMAT Policy Team

GPO Box 9905

CanberraCity, ACT 2601

Email:

Phone: 1300 366 979

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Application Form – Approved Assessor

Occupational Health and Safety (Safety Standards)
Regulations 1994(Regulation 9.60 and 9.61)

1. Applicant details
Name of Applicant / organisation:…………………………………......
If an organisation, include details of the principal officers and the names of any employees or contractors of the applicant who will, or who are likely to, participate in the assessment of safety reports as an attachment.
Business address:......
Suburb/town:...... State:...... Postcode:......
Phone No.:...... Fax:......
Email:......
2. Attachments
The following information is required to be attached to this Application Form (please indicate  if attached). Please number all attachments with the reference letter provided (applications will not be considered if all information is not provided)
a) For each employee or contractor of the applicant who is likely to participate in the assessment of safety reports, a certified copy of the qualifications held by that employee or contractor;
b) For each employee or contractor of the applicant who is likely to participate in the assessment of safety reports, details (including years experience) of each employee or contractor’s professional experience relevant to the disciplines described in Major Fields B in this application pack;
c) Certified details of security clearances held by the applicant, or any employee or contractor of the applicant, who is likely to participate in the assessment of the safety reports;
d) A summary of the relevant area of expertise of the applicant for inclusion in the register of Approved Assessors.
e) Details of any actual or perceived conflicts of interest between the applicant’s business or other interests and the role and function of an Approved Assessor under Part 9 Major Hazard Facilities (MHF) of the Occupational Health and Safety (Safety Standards) Regulations 1994. Provide details of the proposed methods for dealing with any conflict of interest, and include processes for resolution and notification to Comcare and an employer, even if no conflict of interest is present at the time of application.
f) Address the necessary information to be included in an application. (See parts 3 and 4)
g) Provide details ofreferees to whom similar services have been provided. (See part 5)
h) Sign the declaration. (See part 6)
3. Mandatory Selection Criteria
To address the requirements below, please demonstrate proficiency by drawing onqualifications, skills, experience and where possible use examples from previous engagements. Please limit responses to two A4 pages per criteria.

High level of analytical and problem-solving skills, in particular, related to the technical assessment of safety management systems;

Highly developed communication skills (both oral and written);

Extensive knowledge and understanding of occupational health and safety, planning and environmental legislative frameworks as they relate to the management and control of MHFs in Australia; and

An understanding and awareness of current and emerging issues related to MHF safety management and control.

An understanding of the role and function of an Approved Assessor under the MHF Regulations.

4. Highly Desirable Selection Criteria
To address the requirements below, please demonstrate proficiency in the following drawing on qualifications, skills, experience and examples from previous engagements. If one or more of the criteria is/are not applicable to you/your organisation, do not address that/those criteria. Please limit responses to one A4 page per criteria.

The applicant has a detailed knowledge and a high level of technical expertise relevant to thestorage and handling of dangerous goods and the prevention of major accidents;

The applicant has a detailed knowledge and a high level of technical expertise relevant to the manufacturing, storage and handling of explosives and the prevention of major accidents;

The applicant has a detailed knowledge and a high level of technical expertise relevant to hazardous substances management and the prevention of major accidents;

The applicant has a detailed knowledge and a high level of technical expertise in hazard management and the prevention of accidents relevant to laboratories classified as Physical Containment Level 3 or Physical Containment Level 4, in accordance with the Australian Standards 2243:3.1995 or 2243:3.2002; and

The applicant has a detailed knowledge and a high level of specific technical expertise in hazard management and the prevention of accidents relevant to nuclear installations or prescribed radiation facilities as defined in the Australian Radiation Protection and Nuclear Safety Act 1998 and associated Regulations.

5. Referees
Applicants are to provide, in the format outline below, details of 2 referees for whom they have recently provided similar services to those required by Comcare.
Referee One
Name of Organisation
Summary of Services Provided
Contact Details of Person willing to act as Referee / Name:
Title:
Telephone:
Email Address:
Referee Two
Name of Organisation
Summary of Services Provided
Contact Details of Person willing to act as Referee / Name:
Title:
Telephone:
Email Address:
6. Declaration of the applicant
I declare that the details provided on this form are true and correct to the best of my knowledge and belief. I am empowered by valid and express power, delegation in writing or authorisation in writing, to act as, for or on behalf of, the organisation/authority to which the information on this application form applies.
Name:…………………………………….Position title……………………………………………………
Signature:………………………………….Date:…………………………………………………………

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