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Please read this before using presentation. This presentation is based on content presented at the Industry Forum held in February 2010

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Presentation Transcript
please read this before using presentation
Please read this before using presentation
  • This presentation is based on content presented at the Industry Forum held in February 2010
  • It is made available for non-commercial use (e.g. toolbox meetings) subject to the condition that the PowerPoint file is not altered without permission from Resources Safety
  • Supporting resources, such as brochures and posters, are available from Resources Safety
  • For resources, information or clarification, please contact:

[email protected]

or visit

www.dmp.wa.gov.au/ResourcesSafety

changes in petroleum safety legislation

Changes in Petroleum Safety Legislation

Industry Forum - February 2010

department of mines and petroleum
Department of Mines and Petroleum

Director General

Corporate Support

Resources Safety

Mineral Titles

Geological Survey

Petroleum & Environment

Strategic Policy

resources safety
Resources Safety

Executive Director

Mines

Safety

Petroleum

Safety

Health Management

Business Development

Dangerous Goods Safety

Business

Services

petroleum safety
Petroleum Safety

Legislation and Policy

Petroleum and Environment

Director

Admin Support

Pipelines

Operations

Technical / Admin Support

  • Pipelines - safety case assessment for pipeline construction and operation
  • Operations - production facilities, exploration drilling and geothermal
  • Legislation / policy development, technical advice, internal / external liaison
what we do
What we do

Societal Risk

Occupational Safety and Health

Structural Integrity

SI has an incidental effect SR and BC

Business Continuity

  • Primary focus - occupational safety and health
  • Secondary focus - structural integrity (also impacts on SR and BC)
wa petroleum legislation
WA Petroleum Legislation

Administered by the Department of Mines and Petroleum

Petroleum Pipelines Act 1969 (PPA)

Petroleum Submerged Lands Act 1982 (PSLA)

Petroleum and Geothermal Energy Resources Act 1967 (PAGERA)

NOPSA defined as the safety authority

Pipeline licences issued

Production licences issued - 1991 / 1993 schedules apply

Petroleum Legislation Amendment and Repeal Act 2005 (PLARA)

General requirements for OSH as condition

Applies to waters in the adjacent areas

Part 1 Preliminary

Safety Case applied by endorsed direction

Does not extend above the MLWM

Part 2 PAGERA

Part 3 PPA

Part 4 PSLA proclaimed

Part 5 Consequentials

proclamation of the plara
Proclamation of the PLARA
  • Parts 2 and 3 of the PLARA are attached to the PAGERA and PPA respectively but are provisions that have not come into operation
  • Part 4 was proclaimed in 2005 to allow NOPSA to regulate safety in adjacent areas offshore under the PSLA
  • Part 1 is already in operation, Part 5 consists of consequential amendments to other legislation
  • The consequential amendment of interest is to S4(2) of the OSHA
    • Excludes the OSHA from applying to a pipeline or petroleum operation
  • The intention is to proclaim Parts 2, 3 and 5 of the PLARA, to do this the subsidiary legislation needs to be completed
regulations to support
Regulations to support
  • To support the PLARA regulations have been drafted
    • Petroleum Pipelines (Occupational Safety and Health) Regulations 2010
    • Petroleum Pipelines (Management of Safety of Pipeline Operations)
    • Regulations 2010
    • Petroleum Pipelines Amendment Regulations 2010
    • Petroleum and Geothermal Energy Resources (Occupational Safety and Health) Regulations 2010
    • Petroleum and Geothermal Energy Resources (Management of Safety) Regulations 2010
  • To support the regulations guidelines will be produced for
    • Developing, implementing and maintaining a pipeline safety case
    • A SMS approach to exploration drilling / production facilities
    • A SMS approach to geothermal energy installations
effect of proclamation of the plara
Effect of proclamation of the PLARA

Duty of care of operator / licensee

Duty of care of persons in control

SHRs, committees and work groups

Duty of care of employers / employees

Accidents and dangerous occurrences

Proclaim the PLARA parts 2, 3 and 5

Duty of care of supplier/constructor

Powers / functions of inspectors

Duty of care of manufacturers

Reports on inspections / investigations

Codes of practice / listed OSH laws

Reviews, appeals and referrals

PINs, INs, PNs, DNDNs

general duty of care
General duty of care
  • Duties of care relating to occupational safety and health can be found in the PLARA at Part 2 and Part 3, Schedule 1, Division 2, Subdivision 1, S7 - S13
  • The overall general duty of care provisions are quite wide ranging
  • They apply to the operator, persons in control and employers, the penalties for dereliction are significant
  • In addition, specific duty of care requirements are placed on manufacturers, suppliers, erectors, installers and persons engaged in an operation, again appropriate penalties apply
subject matter of regulations
Subject matter of regulations
  • Pipeline / Petroleum and Geothermal Energy Resources (OSH) Regulations
  • Reviewing authority
  • Exemption orders
  • Elections of safety and health representatives
  • Training of safety and health representatives
  • Avoiding fatigue
  • Possession or control of drugs or intoxicants
  • Persons must leave when required
  • Prohibition on use of, and limitation on exposure to, certain hazardous substances
  • Exposure to noise
  • Taking of samples for testing
  • Form of certain notices
  • Service of Schedule 1 notices (INs, PNs, DNDNs etc)
subject matter of regulations1
Subject matter of regulations
  • Petroleum Pipeline (MOSPO) Regulations
  • Duties as to safety cases
  • Contents of safety cases
      • General provisions (description, FSA, SMS)
      • Safety measures
      • Emergencies
      • Record keeping
  • Submission and acceptance of safety cases
  • Revision of safety cases
  • Withdrawal of acceptance of a safety case
  • Validation
  • Accidents and dangerous occurrences
  • Miscellaneous requirements
  • Transitional provisions
subject matter of regulations2
Subject matter of regulations
  • Petroleum and Geothermal Energy Resources (MOS) Regulations
  • Duties as to safety management systems
  • Contents of safety management systems
      • General provisions
      • Safety measures
      • Emergencies
      • Record keeping
  • Submission and acceptance of safety management systems
  • Revision of safety managements systems
  • Withdrawal of acceptance of a safety management system
  • Validation
  • Accidents and dangerous occurrences
  • Transitional provisions
subject matter of regulations3
Subject matter of regulations
  • Petroleum Pipelines Amendment Regulations
  • Amends the existing Petroleum Pipeline Regulations 1970
  • Deletes
      • Regulations 2, 4BA, 4E - 17, 19, 24, 25 and 27
      • These are primarily safety related and covered in new regulations
  • Retains
      • Licence fees, prescribed forms (4, 4B, 4C, 4D, S3, S4)
      • Inspectors powers during construction / modification (21, 22)
      • Plan of operational procedure for commencement (26)
  • Amends and retains
      • Pipeline routeing surveys and signposting (18, 20, S2)
      • Licensee duty - pipeline failure (23)
      • Introduces transitional provisions for bringing proceedings (24)
the 1991 and 1993 schedules
The 1991 and 1993 schedules
  • Currently the Schedule of Onshore Petroleum Exploration and Production Requirements 1991 and the Schedule of General Requirements for OSH 1993 apply to all petroleum operations
  • Once the legislation is proclaimed the highly prescriptive safety requirements in the schedules will be superseded by duty of care obligations and the new regulations
  • The new legislative arrangement will be supported by comprehensive guidance material placed on the internet
  • A number non-safety requirements will remain in the schedules
  • Previously accepted and current safety manual and emergency response manual deemed to satisfy until review anniversary
will the national reform process impact on this legislative change
Will the national reform process impact on this legislative change
  • The Productivity Commission report into the regulatory burden on the upstream petroleum (oil and gas) sector
    • Certain recommendations call for the:
      • establishment of a new national offshore petroleum regulator
      • option of conferring State/Territory powers in adjacent areas including islands
      • option of conferral of powers relating to onshore inter-jurisdictional pipelines
    • These specific recommendations are not supported by the State Government
    • Findings and recommendations still to be fully endorsed by the Ministerial Council on Mineral and Petroleum Resources and agreed by the Council of Australian Governments
    • The safety aspects of the WA proposed legislative change generally align with current Federal requirements
  • As the final outcome has yet to be decided the actual impact is unclear
will the national reform process impact on this legislative change1
Will the national reform process impact on this legislative change
  • The harmonisation of OSH, introduction of national model legislation
  • The WRMC have endorsed an agreed model Act
    • While the State Government agrees with the principle, certain aspects are not supported:
      • The introduction of a conciliation concept for resolution of issues
      • Safety and Health Representatives having the power to stop work
      • Reverse onus of proof for discrimination issues
      • The proposed level of penalties for non compliance
      • Right of entry of union officials on OSH matters
  • As the final outcome has yet to be decided the actual impact is unclear
long term solution
Long term solution
  • The development of stand alone petroleum safety legislation has been approved
  • There are a number of advantages in having stand alone legislation
  • It will provide clarity and reduce complexity
  • It is the best long term solution as it separates safety regulation from management of resource
tentative timeframe for introduction
Tentative timeframe for introduction
  • Exposure drafts of the regulations are now out for consultation
  • Public consultation period will end mid February
  • Response to comment and final drafts completed by end February
  • Proclamation before end March
  • Powers and functions to delegate in the 2Q
  • Transition period commences on proclamation
  • Comment sought on practical application during 2010
  • Consideration for amendment if required end 2010
end of presentation
End of presentation

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