Please read this before using presentation This presentation is based on content presented at the Drillsafe Forum held in September 2009 It is made available.

Please read this before using presentation

This presentation is based on content presented at the Drillsafe Forum held in September 2009

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

Toolbox presentation: Changes in petroleum safety regulation

Departmental changes

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Department of Mines and Petroleum

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Resources Safety

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Petroleum Safety

Pipelines - safety case assessment for pipeline construction and operation

Operations - production facilities, exploration drilling and geothermal

Legislation and policy development, technical advice, internal divisional liaison

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Director

Pipelines Operations

Technical / Admin Support

Admin Support

Legislation and Policy

Petroleum and Environment

What we do

Primary focus - occupational safety and health

Secondary focus - structural integrity (also impacts on Societal Risk and Business Continuity)

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Societal Risk

Occupational Safety and Health

Structural Integrity

Structural Integrity has an incidental effect Societal Risk and Business Continuity

Business Continuity

WA petroleum legislation

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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 5 consists of consequential amendments to other legislation

The consequential amendment of interest is to S4(2) of the OSHA

The intention is to proclaim Parts 2, 3 and 5 of the PLARA, to do this the subsidiary legislation needs to be completed

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Regulations to support

To support the PLARA regulations are being drafted Petroleum Pipelines (Occupational Safety and Health) Regulations 2009 Petroleum Pipelines (Management of Safety Pipeline Operations) Regulations

2009 Petroleum Pipelines Amendment Regulations 2009 Petroleum and Geothermal Energy Resources (Occupational Safety and Health)

Regulations 2009 Petroleum and Geothermal Energy Resources (Management of Safety )

Regulations 2009

To support the regulations guidelines will be produced for Developing and implementing a pipeline safety case A SMS approach to exploration drilling / production facilities A SMS approach to geothermal energy extraction

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Effect of proclamation of the PLARA

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Proclaim the PLARA parts

2, 3 and 5

Duty of care of persons in control

Duty of care of manufacturers

Duty of care of supplier/constructor

Duty of care of employers / employees

SHRs, committees and work groups

Accidents and dangerous occurrences

Reports on inspections / investigations

Codes of practice / listed OSH laws

Reviews, appeals and referrals

PINs, INs, PNs, DNDNs

Duty of care of operator / licensee

Powers / functions of inspectors

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, constructors and persons engaged in an operation, again appropriate penalties apply

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Subject matter of regulations

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)

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Subject matter of regulations (continued)

Petroleum and Geothermal Energy Resources (Management of Safety) 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

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The 1991 schedule

Currently the Schedule of Onshore Petroleum Exploration and Production Requirements 1991 applies

Once the legislation is proclaimed the prescriptive safety requirements will be superseded by duty of care obligations and the regulations

Most safety content and reference to standards will be moved into comprehensive guidelines and placed on the internet

Some non-safety requirements will remain in the schedule

Previously accepted and current safety manual and emergency response manual deemed to satisfy during transitional period

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Long term solution

Development of stand-alone petroleum safety legislation

Advantages in having stand-alone legislation: Provides clarity and reduce complexity Best long term solution and aligns with other OSH legislation

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Tentative timeframe for introduction

Exposure drafts of the regulations should be completed by end September 2009

Public consultation will run end September to end October 2009

Response to comment and final drafts completed by end November 2009

Proclamation before the end of first quarter 2010

Powers and functions to delegate before the end of first quarter 2010

Transition period commences (currently 2 years)

Comment sought on practical application during 2010

Consideration for amendment if required end 2010

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