Health, environment and safety

1. Health, environment and safety Petroleum law course 16 April 2007 Research fellow Hanne Sofie Logstein h.s.logstein@jus.uio.no

2. Introduction • Risky conditions • Young industry • New technology • Old equipment • Vulnerable areas • Risk –probability x consequences

3. Introduction II • Two catastrophes • Akexander Kielland 1980 • Piper Alpha 1988 • The developement • Detailed rules • General problem: • The industry have first hand experience • The legislation always lays behind

4. The regulation • Act of 29 November 1996 No. 72 relating to petroleum activities, The petroleum act • Act of 4 February 1977 No. 4 relating to worker protection and working environment, etc The Working Environment act. • Act 13.3. 1981 No. 6 relating to protection against pollution and relating to waste [The Pollution Control Act]

5. The regulation • The framework regulations (Royal Decree), • The management regulations • The information duty regulations • The facilities regulations • The activities regulations.

6. The regulation Guidelines • Standards • Appendix • Statutory interpretation • From the authorities • From co –operative bodies • Decisions from the court

7. The authorities Cooperation between • The Norwegian Pollution Control Authority • The Norwegian Social and Health Directorate • The Petroleum Safety Authority (PSA) • 2004: The Norwegian Petroleum Directorate divided into to and the PSA was established (NPD: Resource management)

8. Range of application • Geographical • From 2004: Some facilities at land • The consept of safety The concept includes measures to prevent harm to personnel, the environment and financial values, including measures to maintain production and transport regularity (operational availability). Such measures must be designed to enable the probability of harm to be counteracted, withstood or remedied. The measures shall counteract minor harm, major accidents and catastrophes. Long-term, preventative measures that are not necessarily targeted at concrete harm may be particularly relevant with respect to operational availability.” Comments to the Petroleum Act Section 10-1 in Proposition to the Odelsting No. 43 (1995-96)

9. Functional requirements • What to be achieved rather than provide concrete solutions • Fragmented • Flexibility • Freedom of choice • Ex: Prudent petroleum activities, PA § 10-1, Framework § 8

10. The Level of Safety • High level of safety– further developed, PA § 9-1 • Risk prevented and limited in accordance with the legislation. Over and above this level further reduced to the extent possible Framework § 9 • provided the associated costs are not significantly disproportionate to the risk reduction achieved. Framework § 9 • encourage and promote a sound health, environment and safety culture comprising all activity areas and which contributes to achieving that everyone who takes part Framework § 11

11. The use of standards • Should means the authorities’ recommended manner of fulfilling the function requirement • May means an alternative, equivalent manner of fulfilling the function requirement • Makes use of a standard recommended in the guidelines to a provision of the regulations -may as a rule take it that the regulation requirements have been met • When other solutions are used -shall be able to document that the chosen solution fulfils the requirements

12. Interpretation • Statutory interpretation • Interpretation by joint delegations. • Third party –co-operation • Freedom to choose? • The authority gives no guarantee for that the chosen solution fulfils the requirements of the regulation • The responsibility lies by the party responsible

13. Addresses for the requirements • The licensee (PA § 10-6, FW §5) • The operator- often the only obligated party • Other persons engaged, anyone (PA §10-6) • Employees –duty to contribute • Everyone involved at any level • More than one party may have responsibility under the same provision

14. See to it -duty • Used to make clear that it is in the first instance the individual participant's duty to abide by the rules • The licensee’s and operator’s special follow-up responsibility. • Prior to and upon entry into a contract,when performing petroleum activities • By establishing a management system and by supervision

15. Safety control • Framework § 13 The party responsible shall establish, follow up and further develop a management system • The management regulations § 5 The party responsible shall set internal requirements which put the regulatory requirements in concrete terms • The Petroleum Safety Authority carries out supervision of the management system • The interaction between the control systems

16. Safety control –approval system • Framework § 21 Before certain activities are initiatedthe operator shall obtain consent • The Information Duty Regulations § 5 Requirement on consent to certain petroleum activities, a-h • The Information Duty Regulations § 6 Contents of application for consent, a -l

17. The authorities instruments • Reactions not laid down by the law • Recommendations • Meetings • Letters etc • Statutory means/enforcement • Administrative sanctions, Framework § 58 • Revocation of license/approval • Halt of operations • Coercive fines • Penalty sanctions, PA § 10-17 • Fines • Imprisonment