Memorandum of Understanding Victorian WorkCover Authority and Energy Safe Victoria

Memorandum of Understanding Victorian WorkCover Authority and Energy Safe Victoria

PARTIES Victorian WorkCover Authority ABN 90 296 467 627 ( WorkSafe Victoria ) the statutory authority responsible for administering various legislation including but not limited to the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994, the Road Transport (Dangerous Goods) Act 1995, the Accident Compensation Act 1985, the Accident Compensation (WorkCover Insurance) Act 1993 and the Workers Compensation Act 1958. AND Energy Safe Victoria ABN 27 462 247 657 ( ESV ), the statutory authority responsible for administering various legislation including but not limited to the Gas Safety Act 1997, and the Electricity Safety Act 1998, and the Pipelines Act 2005. 1. PURPOSE 1.1 This Memorandum of Understanding (MOU) sets out the common understanding between the parties as a voluntary statement of intent and contains the serious commitment of both parties at the time the MOU is signed and for the duration of the MOU. The MOU is not intended to create legally enforceable obligations between the parties. 2. TERM 2.1 This MOU is effective from 1 July 2010 and continues until the earlier of: (a) (c) 30 June 2013; or 3 months from the date of one party s notice in writing to the other notifying of its intention to withdraw from this MOU; immediately where both parties notify each other in writing of their intention to withdraw from it. 3. OBJECTIVES 3.1 WorkSafe Victoria and ESV share the following objectives: (a) (c) to ensure that as far as possible the same health and safety requirements are imposed on all workplaces in Victoria, and that these requirements are administered in a consistent manner; to assist Victorian workplaces achieve best practice levels of health and safety for workers and the public; and to ensure the effective co-operation of both parties in the administration of their respective requirements in relation to the matters set out in the Schedules; and Page 1

(d) to assist workplaces and other parties affected by the matters set out in the Schedule(s) to meet the requirements of both parties without any unnecessary duplication of effort. 4. UNDERTAKINGS 4.1 WorkSafe Victoria and ESV undertake to give effect to the arrangements and procedures set out in the Schedules. 4.2 WorkSafe Victoria and ESV undertake to establish and maintain liaison contacts to ensure the effective operation of this MOU. Within 14 days of the signing of this MOU, each party will advise the other of their respective liaison contact to whom any communication about the operation of this MOU may be addressed. 4.3 WorkSafe Victoria and ESV undertake to provide information from time to time to inform each other s staff of their roles and responsibilities in areas of potential overlap, and any relevant changes to the regulatory instruments overseen by them. 4.4 This MOU will be jointly reviewed by the liaison contacts on an annual basis or otherwise as agreed in writing between the parties. 5 PRIVACY 5.1 WorkSafe Victoria and ESV respectively: (a) (c) assure each other that any Personal or Health Information as defined in the Privacy Legislation disclosed by one to the other in connection with this MOU has been collected in accordance with applicable Privacy Legislation, that the individual to whom the information relates has been aware of the identity of the organisation collecting the information and of the other matters of which the individual is required to be informed under applicable Privacy Legislation, and that the disclosure of the information to, and its use by, the organisation to which it is disclosed is authorised by the individual or by law; agree not to use, disclose, store, transfer or handle Personal Information collected in connection with this MOU except in accordance with applicable Privacy Legislation; and agree to co-operate with any reasonable request of the other relating to the protection of Personal Information or the investigation of a complaint about the handling of Personal Information. Page 2

5.2 Privacy Legislation means laws in respect of privacy and the protection of personal and health information including, without limitation, the Information Privacy Act 2000 (Vic), the Health Records Act 2001 (Vic) and the Privacy Act 1988 (Commonwealth). 6 CONFIDENTIAL INFORMATION 6.1 With respect to any information supplied by one party to the other in connection with this MOU designated as confidential, each party agrees to: (a) (c) protect the confidential information in a reasonable and appropriate manner and in accordance with any applicable professional standards; use and reproduce confidential information only for the purposes set out in this MOU; not disclose or otherwise make available confidential information other than to its personnel who have a need to know the information to give effect to the purposes set out in this MOU. 6.2 This paragraph shall not apply to information which is: (a) (c) publicly known; already known to the receiving party; or disclosed by either WorkSafe Victoria or ESV to a third party without restriction. 7 AMENDMENT, VARIATION OR MODIFICATION 7.1 This MOU may be amended, varied or modified by a further MOU in writing duly signed by the parties. 7.2 Notwithstanding the above, Schedules to this MOU may be added, amended, varied or modified by the insertion of one or more new Schedules duly signed by the parties. Schedules to this MOU may be removed by agreement between the parties, such agreement to be attested by a note to that effect duly signed by the parties and appended to this MOU. Page 3

Executed by Victorian WorkCover Authority by its Chief Executive, Greg Tweedly: Page 4

DEFINITIONS MOU between WorkSafe Victoria and Energy Safe Victoria SCHEDULE 1 - MAJOR HAZARD FACILITIES 1. (a) Major hazard facility means a major hazard facility as defined in the Occupational Health and Safety Regulations 2007. (c) Major Hazard Facilities Regulations means Part 5.2 and other relevant Parts and requirements of the Occupational Health and Safety Regulations 2007 pertaining to major hazard facilities. Electricity Safety Management Regulations means the Electricity Safety (Management) Regulations 2009. (d) Gas Safety Case Regulations means the Gas Safety (Safety Case) Regulations 1999. (e) Safety Case means (i) a Safety Case as defined in the Major Hazard Facilities Regulations; or (ii) a Gas Safety Case for Facility as defined in the Gas Safety Case Regulations; or (iii) an Electricity Safety Management Scheme under the Electricity Safety Management Regulations. (f) Incident means JURISDICTION (a) an incident defined in Part 5, Section 37 of the Occupational Health and Safety Act 2004; or an incident involving electricity which causes or has the potential to cause (i) the death of or injury to a person; or (ii) significant damage to property; or (iii) a serious risk to public safety. 2. (a) Through administration of the Occupational Health and Safety Act 2004 and its regulations, WorkSafe Victoria has jurisdiction over registered and licensed major hazard facilities. Through administration of the Electricity Safety Act 1998 and its regulations, and the Gas Safety Act 1997 and its regulations, and the Pipelines Act 2005 Energy Safe Victoria, referred to hereunder as ESV, has jurisdiction over facilities which may also be major hazard facilities. PRINCIPLES 3. The following general principles will apply in relation to WorkSafe Victoria and ESV activities on major hazard facilities Page 1

(a) (c) (d) (e) (f) (g) (h) WorkSafe Victoria and ESV will share information on major hazard facilities which are of interest to both agencies, including information on safety cases, electrical safety management schemes, significant audits and investigations, and prosecutions. WorkSafe Victoria and ESV will collaborate to set and achieve strategic objectives for safety at major hazard facilities. WorkSafe Victoria and ESV may jointly conduct audits and inspections of major hazard facilities which are of interest to both agencies with the objective that, as far as practicable, there is no duplication or overlap of agency inspections and audits of major hazard facilities. Where it is necessary for an agency to conduct an urgent audit or investigation under its legislation of an incident in a major hazard facility which is of interest to both agencies, the agency will notify the other agency as soon as practicable of the action being taken. WorkSafe Victoria and ESV will jointly assess relevant elements of the Safety Cases of major hazard facilities which are of interest to both agencies. In assessing the Safety Case each agency will take full account of the views of the other so that a joint decision can be reached regarding any concerns arising through assessment of those relevant elements. If feasible, only one Safety Case need be produced by a major hazard facility to meet the requirements of both agencies. WorkSafe Victoria and ESV will collaborate on new major hazard facility developments with the objective of avoiding duplication in Safety Cases to meet the requirements of both jurisdictions where practicable. In carrying out their responsibilities in relation to major hazard facilities, each agency will have regard to the interests of the other, and will consult the other agency if it is proposing to take any action that will have an impact on the interests of the other agency. ARRANGEMENTS 4. To give effect to the principles outlined above Contacts (a) The primary contact persons for all matters covered in this Schedule will be for WorkSafe Victoria, the Director, Hazard Management Division for ESV, the Deputy Director. Both agencies will maintain and exchange up to date lists of operational contact persons for matters covered in this Schedule, including contact persons for sites, for incident response, for policy and MoU administration matters. Cooperation on New Major Hazard Facilities (c) WorkSafe Victoria will advise ESV within 10 working days of a new or potential major hazard facility that:- i) has been notified to WorkSafe Victoria under the Major Hazard Facilities Regulations; ii) or has come to WorkSafe Victoria s attention by some other means, Page 2

(d) (e) (f) (g) and provide other information about the facility as agreed. WorkSafe Victoria will make available to ESV a list (as updated from time to time) of all major hazard facilities, together with other relevant information as agreed. ESV will inform WorkSafe Victoria within 20 working days of receiving advice of a new or potential major hazard facility the extent of its interest in the facility and the extent of its desired involvement with WorkSafe Victoria in relation to that facility. Where ESV believes that a facility with over 10% of the threshold quantity, but less than the threshold quantity, of Major Hazard Facilities Regulations Schedule 9 materials should be seriously considered for determination to be a major hazard facility, ESV will provide WorkSafe Victoria with information in its possession that may assist WorkSafe Victoria to form an opinion as to whether the facility should be determined to be a major hazard facility. WorkSafe Victoria and ESV will consult, share information and cooperate on new major hazard facility developments that agencies become aware of. The agencies:- i) will cooperate to enable proponents to develop and submit integrated Safety Cases and safety management systems that address jurisdictional requirements of both agencies ii) may cooperate to encourage integration of Safety Cases and safety management systems at existing major hazard facilities. Cooperation on Registered and Licensed Major Hazard Facilities (h) (i) (j) WorkSafe Victoria will consult ESV in preparation of post-licence oversight plans for licensed major hazard facilities ESV has an interest in. ESV will be invited to take part in audits, inspections or review work as part of post-licence oversight of these licensed major hazard facilities. Where ESV has indicated that it has an interest in a registered or licensed major hazard facility, each agency will invite the other to participate in any audits and inspections it undertakes in relation to that facility for matters of mutual interest, or where one agency can assist the other. Agencies will meet periodically as agreed to undertake strategic planning, set objectives, and review safety performance of:- i) Major hazard facility industry sectors; and ii) Specific major hazard facilities as may become necessary; and agencies may cooperate on activities intended to implement or achieve joint planned objectives for major hazard facility industry sectors or specific major hazard facilities. Cooperation on Safety Case Assessment (k) Where ESV has advised WorkSafe Victoria that it has an interest in relation to a major hazard facility, WorkSafe Victoria will invite ESV to participate in the team undertaking the assessment of the facility s Safety Case. ESV will make a person available to participate in the assessment team in relation to the review of the Safety Case (or portions of the Safety Case) and/or provision of technical and practical advice and/or inspections and audits. The process for assessing the Safety Case will include assessment by the ESV of compliance with the legislation it administers. Page 3

(l) For each major hazard facility for which ESV will participate with WorkSafe Victoria in assessment, WorkSafe Victoria will establish a Safety Case assessment project plan and WorkSafe Victoria and ESV will consult on and agree the scope of work of ESV team member/s for that Safety Case assessment. Incidents, Investigations and Prosecutions (m) (n) (o) (p) Within seven days of becoming aware of it, each agency will provide information to the other agency on any incident, explosion or major fire at any major hazard facility that is of interest to both agencies. Where agreed as appropriate, WorkSafe Victoria and ESV will conduct joint investigations of accidents and incidents. In any case, agencies will exchange information on the investigation of accidents and incidents at facilities for which both agencies have a direct regulatory responsibility, including information on the outcome of investigations and any potential implications for safety or environment at other facilities. Prior to commencing a prosecution of a major hazard facility that is of interest to both agencies, each agency will consult with the other agency via the primary contact person. Where both agencies agree that it is appropriate, joint prosecutions will be undertaken. WorkSafe Victoria may periodically analyse major hazard facility incident trends and patterns, and make this information available to ESV. Agencies may cooperate on preventative activities in response to emerging incident trends for major hazard facility industry sectors or specific major hazard facilities. Communication and Administration (q) (r) (s) WorkSafe Victoria and ESV will meet formally at least biannually to share information and discuss strategic and operational issues on major hazards facilities that are of interest to both agencies. The agenda of formal meetings will include:- - strategic and policy issues relevant to major hazard facility safety - significant operational matters raised with major hazard facilities or involving agency cooperation - new or proposed major hazard facilities - incidents, prosecutions & emerging incident trends - operational planning (upcoming audits, inspections, training etc.) The formal meetings will be attended by, as a minimum, the nominated primary contact persons or their delegates. The meetings will be chaired alternately by WorkSafe Victoria and ESV. However, the exchange of information will not be limited to these meetings. WorkSafe Victoria and ESV will consult in the preparation of any guidance material that is developed to assist major hazard facilities that are of interest to both agencies to meet their legislative obligations, or to ensure the effective operation of this Schedule. Each agency will notify the other as far in advance as is practicable of any relevant training courses it conducts. Where the other agency is interested in participating in a course, the agency conducting the course will make at least one place available for an appropriate person from the other agency. Page 4

(t) (u) (v) Where an issue arises between the two agencies in relation to any matter covered in this Schedule, the nominated contact persons will meet and attempt to resolve the issue. Where the nominated contact persons jointly come to the view that they are unable to resolve the issue, the Executive Director of WorkSafe Victoria and the Director of the ESV may meet in order to resolve the issue. To the extent permitted by the relevant software licences, WorkSafe Victoria and ESV will share the use of computer software in their possession that will assist in the administration of major hazard facilities. In carrying out its responsibilities in relation to freedom of information, each agency will have regard to the interests of the other and will consult the other agency if it is proposing to take any action that will have an impact on the interests of the other agency. IN WITNESS TO THE ABOVE UNDERSTANDINGS, this Schedule is signed for and on behalf of the parties: Page 5

MOU between WorkSafe Victoria and Energy Safe Victoria SCHEDULE 2 - INSPECTION AND INCIDENT INVESTIGATION General Among other things, this Schedule 2 addresses how WorkSafe Victoria and Energy Safe Victoria, referred to hereunder as ESV will deal with incident and risk inspection, incident investigation, prosecution, notification of incidents and exchange of information where jurisdictions of these agencies overlap. Guidance is also provided on the jurisdictional overlaps. Definitions Note: in this section words are defined in the singular but in the Schedule s body the same definitions apply to words that are in the singular as well as to those that are in the plural. 1. educative or enforcement project means a major project with a focus on electrical or gas or pipeline risks involving visits to individual workplaces by WorkSafe Victoria Inspectors or ESV Inspectors which are not directly in response to specific serious incidents or minor incidents. 2. electrical risk means any risk involving electricity which is of interest to both ESV and WorkSafe Victoria. (Refer to the attachment for guidance on risks, incidents and matters of interest to both agencies for the purposes of this Schedule). 3. entry report means any documented instruction provided to specific workplace parties to undertake any measure to control an electrical or gas or pipeline risk; or any documented observations about a serious incident or minor incident; or any documentation in relation to action that the WorkSafe Victoria Inspector or ESV Inspector proposes to take in relation to a specific electrical risk. 4. gas risk means any risk involving gas which is of interest to both the ESV and WorkSafe Victoria. (Refer to the attachment for guidance on risks, incidents and matters of interest to both agencies for the purposes of this Schedule). 5. investigation means a formal investigation of a serious incident conducted by either agency with a view to determining the circumstances of the incident and whether there is potential for prosecution of identified breaches of the legislation administered by either agency. 6. investigation report means any report prepared by either agency as part of an investigation into a serious incident or minor incident. 7. non workplace means any place other than a workplace. 8. notification report means written documentation resulting from incident notification to WorkSafe Victoria as prescribed by section 38 of the Occupational Health and Safety Act 2004. 9. ESV Enforcement Officer means a person appointed as an enforcement officer under Part 11 of the Electricity Safety Act 1998 or a person appointed as an inspector under the Gas Safety Act 1997 or the Pipelines Act 2005. Page 6

10. pipeline risk means any risk involving a pipeline and petroleum or other substances conveyed in a pipeline, which is of interest to both the ESV and WorkSafe Victoria. (Refer to the attachment for guidance on risks, incidents and matters of interest to both agencies for the purposes of this Schedule). 11. prescribed equipment means equipment as defined in Regulation 106 of the Equipment (Public Safety) Regulations 2007. 12. serious incident means: a) a notifiable incident as described in section 37 of the Occupational Health and Safety Act 2004 resulting from gas or electrical or pipeline risks; or b) a serious electrical incident as defined in section 3 of the Electricity Safety Act 1998; or c) or a reportable gas incident as described in section 36 of the Gas Safety Act 1998; or d) any serious risk to public resulting from an electrical or gas or pipeline risk; or e) any serious risk to property resulting from an electrical or gas or pipeline risk where there is, or was, potential for injury. (Refer to the attachment for guidance on risks, incidents and matters of interest to both agencies for the purposes of this Schedule.) 13. significant incident means: a) any incident resulting from an electrical or gas or pipeline risk which causes injury or ill-health to any individual; or b) any incident resulting from an electrical or gas or pipeline risk which has the potential to cause injury or ill-health; and c) the identification of an electrical or gas or pipeline risk by either agency. This definition excludes a serious incident as defined above. (Refer to the attachment for guidance on risks, incidents and matters of interest to both agencies for the purposes of this Schedule.) 14. WorkSafe Victoria Inspector means any employee of WorkSafe Victoria appointed as an inspector under the Occupational Health and Safety Act 2004 and/or the Equipment (Public Safety) Act 1994 and/or the Dangerous Goods Act 1985. 15. workplace means any place, whether or not in a building or structure, where employees or self-employed persons work, or through which such employees or self-employed persons pass in the course of their employment. Jurisdiction 16. WorkSafe Victoria through administration of the Occupational Health and Safety Act 2004, the Equipment (Public Safety) Act 1994, and the Dangerous Goods Act 1985 and their regulations has jurisdiction over and may respond to issues at all Victorian workplaces concerning: Page 7

the health, safety and welfare of employees and other persons in Victorian workplaces and dangerous goods sites as specified in section 2 of the Occupational Health and Safety Act 2004 and section 4 of the Dangerous Goods Act 1985; the design, construction, manufacture, installation, erection, alteration, maintenance, repair and use of prescribed equipment. 17. ESV through administration of the Electricity Safety Act 1998, the Gas Safety Act 1997, the Pipelines Act 2005 and their regulations, has jurisdiction over the safe conveyance in gas pipelines, and safe supply and use of gas in appliances and gas installations, and control of the safety standards of gas work; the safe generation, transmission, distribution and use of electricity, and the safety of electrical equipment, electrical installations and electrical work; the safety of pipelines conveying petroleum and other dangerous goods. Arrangements 18. The following arrangements will apply to WorkSafe Victoria and ESV activities in relation to risks, incidents or matters which are of interest to both agencies for the purposes of this Schedule (refer to attachment for guidance). 18(a) 18 18(c) 18(d) 18(e) 18(f) All WorkSafe Victoria Inspectors will have a copy of this Schedule or have access to it. Likewise, all ESV Enforcement Officers will have a copy of this Schedule or have access to it. Instructions to WorkSafe Victoria Inspectors and ESV Enforcement Officers for the implementation of this Schedule will be developed, in consultation, by both agencies. These instructions shall be incorporated into the respective policies and procedures of both agencies. Each agency will have a copy of the other s instructions. WorkSafe Victoria and ESV publications will be circulated and used by both agencies where relevant. WorkSafe Victoria and ESV will arrange for appropriate staff to participate in relevant training conducted by either agency. When either agency undertakes any educative or enforcement project concerning electrical safety or gas safety or pipelines conveying petroleum or other dangerous goods, it will consult with the other agency at least one month prior to the initiative commencing in order to ensure any potential issues of concern to the other agency can be addressed prior to the project commencing. Where there has been a serious incident, ESV or WorkSafe Victoria staff will notify the other agency s emergency contact number within one hour. Copies of notification reports will also be made available to the ESV upon request. For information, the following emergency contact numbers apply:- WorkSafe Victoria 24 hour emergency response number 0407 833 306 Energy Safe Victoria 24 hour emergency number 9411 3111 Page 8

18(g) 18(h) 18(i) 18(j) Any entry reports and/or investigation reports, or summaries thereof, resulting from investigations of a serious incident will be made available to both parties upon request (subject to any legislated restrictions on disclosure of information). Apart from point 18(i) below, serious incidents that occur in workplaces may be jointly investigated by WorkSafe Victoria and ESV. WorkSafe Victoria and ESV may agree on which of them will take the lead role. Serious incidents that involve prescribed equipment or gas appliances or pipelines in non-workplaces may be jointly investigated by WorkSafe Victoria and the ESV. WorkSafe Victoria and ESV may agree on which of them will take the lead role. Where investigations of serious incidents disclose evidence that offences involving the jurisdictions of one or both agencies have arisen from the particular set of facts and circumstances then each agency will determine whether to prosecute under its legislation on those circumstances. Where one or both agencies determine to prosecute, the agencies shall assist each other as appropriate in the development of cases. In so doing, and to the best of its ability, each agency will provide the other with expert affidavits when so requested by it. 19. If either agency becomes aware of a significant gas or electrical or pipeline related incident or dangerous occurrence at any workplace or non-workplace that may be of interest to the other agency, it will notify the other agency within 24 hours. This is in addition to 18(f) above. 20. In carrying out their responsibilities in relation to freedom of information, each agency will have regard to the interests of the other, and will consult the other agency if it is proposing to take any action that will have an impact on the interests of the other agency. 21. The contact persons for all matters covered in this Schedule will be for WorkSafe Victoria, the Director, Legal Services and Investigations; and for ESV, the Executive Manager, Electrical Installations, Licensing and Equipment Safety. 22. WorkSafe Victoria and ESV will meet formally at least every 6 months to discuss any issues that may arise in connection with this Schedule. The formal meetings will be attended by, as a minimum, the nominated contact persons or their delegates. The meetings will be chaired alternatively by WorkSafe Victoria and ESV. 23. Where an issue arises between the agencies in relation to any matter covered in this Schedule, the nominated contact persons will meet and attempt to resolve the issue. Where the nominated contact persons jointly come to the view that they are unable to resolve the issue, the Chief Executive of WorkSafe Victoria and the Director, Energy Safety will meet and attempt to resolve the issue. Where the Chief Executive of WorkSafe Victoria and the Director, Energy Safety jointly come to the view that they are unable to resolve the issue, they will jointly appoint a person with appropriate independence, expertise and experience to resolve the matter. Page 9

IN WITNESS TO THE ABOVE UNDERSTANDINGS, this Schedule is signed for and on behalf of the parties: Page 10

Risks, Incidents and Matters of Interest to both Energy Safe Victoria and WorkSafe Victoria for the Purposes of Schedule 2 Attachment to Schedule 2 Through WorkSafe Victoria s administration of the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and their regulations and Energy Safe Victoria s administration of the Electrical Safety Act 1998 and its regulations, there are electrical, gas and pipeline related risks, incidents and matters which are of interest to both agencies. Electrical, gas and pipeline related risks, incidents and matters which are of interest to both agencies (for the purposes of Schedule 2) These include all risks, incidents and matters: A. Where persons die, are injured or the potential for injury was present; and B. Electrical risks associated with: the application and implementation of AS/NZS 3000:2007 and AS/NZS 3012:2010 Network assets including underground cables and overhead lines (at distribution and transmission voltages) and generators. Some examples are: - a crane driver moving a crane jib near live powerlines; - a worker removing vegetation around live powerlines; or - a worker excavating near underground powerlines; and Electrical equipment malfunctioning resulting in electrical shocks Electrical equipment malfunctioning resulting in consequential risks (e.g. mechanical, thermal); and C. Gas risks associated with: type B Appliances at workplaces complex gas installations gas transmission or distribution pipework and associated components and fittings, including, for example, situations such as workers engaged in excavation or drilling penetrating high pressure gas supply pipework; LPG appliances at workplaces or non-workplaces where there is a risk to the public and D. Pipeline risks associated with the construction or operation of pipelines, including: loss or ignition of substances in the pipeline damage to pipelines through excavation or other work in the vicinity and E. In Victorian workplaces or with prescribed equipment, Type B appliances, complex gas installations or pipelines in Victorian non-workplaces where there is a risk to the public. Page 1

Attachment to Schedule 2 Within these above listed confines, electrical, gas and pipeline risks, incidents and matters which are of interest to both agencies are not necessarily restricted by: tasks being undertaken; the industry involved; the occupation of those involved; the temporary, or otherwise, nature of the risk. The above list demonstrates the broad range of risks, incidents and matters which are of interest to both agencies. However, there are gas, electrical or pipeline risks that would be of interest to only one of the agencies, rather than both. Examples include: Electrical risks of interest only to Energy Safe Victoria: All risks, incidents and matters apart from B above, associated with implementation of the Electricity Safety Act 1998 and its regulations and their referenced standards; Damage to electrical equipment, or risks with potential to damage electrical equipment yet where there is no potential to injure people; Risks, incidents or matters associated with Commonwealth workplaces 1 and quarries; and Risks and incidents at non-workplaces apart from E above. Electrical related risks only of interest to WorkSafe Victoria: All risks, incidents and matters apart from B above, associated with the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 and their regulations and codes of practice. These risks, incidents and matters could include: Mechanical risks or incidents from electrically powered equipment e.g. run-down cycles; and unsafe actions involving electrically powered equipment and fixtures apart from those unsafe actions specifically covered by the Electrical Safety Act 1998 and its regulations and their referenced standards. Some examples are: - overriding an interlock switch; - excess water around properly installed electrical equipment; - the non-electrical repairing of plant while it is connected to its electrical power source (if the plant can be simply unplugged/plugged to its electricity source). Pipeline risks of interest only to Energy Safe Victoria: Pipeline escapes presenting environmental risks but not a risk to health and safety of workers or members of the public Gas risks of interest only to WorkSafe Victoria: Injury to workers or the public or potential for injury, or property damage associated with liquefied petroleum storage vessels of capacity exceeding 500 litres 1 Commonwealth workplaces may be of interest to WorkSafe if Comcare specifically requests it to investigate an issue. Page 2