Transcript Title of 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
Impact of the Changes in
Petroleum Safety Legislation
Industry Forum - February 2010
Effect of proclamation of the PLARA
Duty of care of
persons in control
Duty of care of
operator / licensee
Duty of care of
employers / employees
Duty of care of
supplier/constructor
Accidents and
dangerous occurrences
Proclaim the
PLARA parts
2, 3 and 5
Duty of care of
manufacturers
Codes of practice /
listed OSH laws
SHRs, committees
and work groups
Powers / functions of
inspectors
Reports on inspections
/ investigations
PINs, INs, PNs,
DNDNs
Reviews, appeals and
referrals
3
Impact of proclamation of the PLARA
General duty of care of the operator / licensee includes:

All members of the workforce including contractors and subcontractors

Other persons invited into the license area / on site
 Consultation with the workforce in matters relating to OSH

Physical environment and amenities

Accommodating language diversity

Monitoring and recording occupational health
General duty of care of the person in control / employer also
includes:

Providing means of access / egress that is safe
4
Impact of proclamation of the PLARA
Duties of manufacturers, suppliers, constructors include:

Ensuring fitness for purpose (including research, testing, examination)

Written information for usage, safety warnings and medical procedures
to be followed if a substance causes injury
Duties of persons engaged in an operation include:

Cooperation with an licensee / operator / other person to the extent
necessary to enable them to meet their obligations under the
legislation

Not to engage in action / omission that introduces / increases risk of
harm to themselves and others
5
Impact of proclamation of the PLARA
Designated Work Groups
 Must be established if requested by a member of the workforce, workforce
representative or initiated by a licensee / operator
Safety and Health Representatives
 Not mandatory, one may be selected / elected from each work group
 Selection requires unanimous agreement of work group members
 Up to date lists of SHRs must be maintained and be available for inspection
 SHR vacancies - election within 6 months, agreed period up to / or 2 years
 SHRs must try to undergo accredited OSH training within 12 months
 A SHR may issue a PIN for contravention of listed OSH law
6
Impact of proclamation of the PLARA
Safety and Health Committees must be established if:
 The members of the workforce engaged in the operation are not less than 50
 They are included in one or more designated work group and the SHR
requests the establishment
The Committee
 The number of members of the SHC must be agreed by the licensee /
operator and the workforce, or be a 50/50 selected representation
 Minutes to be taken and retained for 3 years
 Assists the licensee / operator to develop, review and update measures to
protect the safety and health at work of members of the workforce
 Facilitates cooperation and communication in relation to OSH matters
7
Impact of proclamation of the PLARA
Accidents and dangerous occurrences
 The definition of dangerous occurrence introduces the concept of the near
miss
 Could reasonably have been expected to cause / have potentially resulted in a:
 death, serious injury or incapacitation (one or more days)
 fire or explosion
 release of hydrocarbon vapour or petroleum liquid
 activation of the emergency response plan
 immediate investigation
8
Impact of proclamation of the PLARA
Inspectors powers extended to include:
 Inspection to ascertain compliance or contravention of a listed OSH law
 Powers of entry and search other than places where the operation is
carried out
 Power to require assistance, amenities and information
 Power to require the answering of questions
 Power to take possession of plant, substances and other things
 Issuing improvement, prohibition and do not disturb notices
9
Impact of proclamation of the PLARA
Reviews and Appeals
 Inspectors’ decisions in relation to notices may be reviewed upon request
 The request can be made by an operator / licensee, employer (other than
the licensee) a SHR or workforce representative
 The request must be in writing with a 7 day limitation
 The reviewing authority in regulation is defined as the Director Petroleum
Safety Branch (Schedule 1 workplace consultation / inspectors decisions)
 If the review is not accepted it may be referred to the Tribunal (under the
OSHA 84)
10
Impact of the regulations

Pipeline / Petroleum and Geothermal Energy Resources (OSH)
Regulations

Exemption orders may be granted in relation to workplace
arrangements under Schedule 1 Division 3 of the Act

The responsible person is defined (operator / licensee, employer,
person in control) for OHM matters

Occupational health management requirements are introduced
covering fatigue, drugs or intoxicants exposure to noise and hazardous
substances

Format of certain notices, these are optional, but certain content is
required
11
Impact of the regulations

Petroleum Pipeline (MOSPO) Regulations


Duties as to safety cases
o
no operation without one in force (accepted by Minister)
o
all persons must comply with safety case in force
o
no operation if significant new risk arises and it is not provided for
o
records must be kept in accordance with the safety case
Contents of safety cases
o
General provisions (description of operation, FSA, SMS)
o
Implementation and improvement
o
Safety measures
o
Emergencies - preparedness and response
o
Record keeping (5 years retention, securing, availability, audit reports)
12
Impact of the regulations

Submission and acceptance of safety cases - decision within 90 days

Consent to undertake operations in a manner different (no increased
risk)

Revision of safety cases every 5 years

Withdrawal of acceptance of a safety case > 30 days written notification

Validation - any part of operation, by independent competent third
party

Accidents and dangerous occurrences - notification provided as soon as
practicable, written report within 3 days, monthly reports required,
interference with accident sites

Miscellaneous requirements (details of applications, may be agent)

Transitional provisions - existing accepted deemed to satisfy until review
anniversary or review requested / required
13
Impact of the regulations

Petroleum and Geothermal Energy Resources (MOS) Regulations


Duties as to safety management systems
o
no operation without one in force (accepted by Minister)
o
all persons must comply with SMS in force
o
no operation if significant new risk arises and it is not provided for
o
records must be kept in accordance with the SMS
Contents of safety management systems
o
How OSH obligations will be met, description of operation, risk assessment,
ongoing management of safety, includes improvement
o
Safety measures - (structural integrity, drilling, petroleum wells)
o
Emergencies - preparedness and response
o
Record keeping (5 years retention, securing, availability, audit reports)
14
Impact of the regulations

Submission and acceptance of SMS - decision within 90 days

Consent to undertake operations in a manner different (no increased
risk)

Revision of SMS every 5 years

Withdrawal of acceptance of a SMS > 30 days written notification

Validation - any part of operation, by independent competent third
party

Accidents and dangerous occurrences - notification provided as soon
as practicable, written report within 3 days, monthly reports required,
interference with accident sites

Transitional provisions - existing accepted SMSs (whether part of a
SC or other documented system) deemed to satisfy until review
anniversary or review requested / required)
15
End of presentation
And thank you once again………any more
questions?
16