Health and Safety Executive Health and Safety Executive Competent Authority & Data Reporting...
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Transcript of Health and Safety Executive Health and Safety Executive Competent Authority & Data Reporting...
Health and Safety Executive
Health and Safety Executive
Competent Authority & Data
Reporting
HSE/DECC Consultation Events - Spring 2014
EU Offshore Directive Transposition
Steve Walker
Head of Strategic Intervention
Health & Safety Executive, Energy Division
Summary
• Competent Authority requirements• Background• Requirements in the Directive• How we propose to implement
• Common data reporting requirements• Background• Current proposals
Competent Authority - Background
• Post Macondo, European Commission concerns were not just focused on the offshore industry
• The regulators were also scrutinised
• Wide range of national offshore regulatory bodies• Integrated - Separate – Absent• None incorporated all the best regulatory practises
• Stakeholder/European Parliament mistrust and concerns about the need for regulatory independence
• Strong consideration of an EU-wide offshore regulator
• Eventually, the Directive included tight requirements for national offshore regulatory bodies
• UK will need to change its offshore regulatory bodies
Competent Authority requirements (1)
• The safety and environmental regulation under the Directive should be incorporated into a Competent Authority (CA) public authority
• The CA should be suitably resourced and empowered
• The CA should be objective and independent• Separated from functions relating to
economic development, licensing, revenue managements etc
• Alternative arrangements allowed» where disproportionate given level
of offshore activity
Competent Authority requirements (2)
• The CA achieves “transparency, consistency, proportionality and objectivity” in its regulation of safety and environmental protection
• The CA to make its policies, processes and procedures open
• Detailed requirements for the CA given in Annex III of the Directive
Competent Authority – functions (1)
• Advising the Licensing Authority on the capability (technical and financial) of applicants and operator appointment
• Assessing and accepting various reports and notifications
• Provide effective oversight• Annual plans• Overseeing compliance
– Inspections– Investigations– Enforcement
Competent Authority – functions (2)
• Establishes confidential reporting mechanisms
• Submits annual report to the Commission:• Amount of regulatory activity• Performance of the industry• Incident data
• Initiate investigations for major accidents, and make reports public
• Cooperate with other CAs.
UK Competent Authority (1)
• Proposal is:– A DECC & HSE partnership CA– CA partners working under an MoU with a set
of common CA arrangements – Each party concentrating on their existing
expertise, with day-to-day functions delivered by respective parts of DECC OGED and HSE’s Energy Division
– Senior level DECC/HSE Competent Authority Management Board
– Broadly similar to onshore COMAH CA
UK Competent Authority (2)
• Minimum change necessary to implement the Directive
• Avoids any major machinery of government changes
• Provides a single, consistent regulatory face for industry and stakeholders on major hazard safety and environmental events offshore (low probability/high consequence)
• Implementation of Wood Review recommendations will give the strong safeguards of DECC independence
UK Competent Authority (3)
• A single regulatory face for taking forward the requirements in the Directive
• An IT portal for all notifications and submissions to the CA, on major hazard safety or environmental issues
• A single set of CA assessment processes/procedures for accepting and/or assessing safety cases, notifications etc
• A CA website, holding all CA guidance and procedures
• A single enforcement model covering all CA enforcement
UK Competent Authority (4)
• A single CA intervention plan for each duty holder, covering all planned CA inspection activities
• CA offshore inspections fully coordinated and planned
• Presumption of joint DECC/HSE visits whenever appropriate
• Coordinated CA investigations, with early decision as to which regulatory partner to lead
• HSE “personal” safety issues excluded from CA arrangements, but only a small % of HSE offshore activity
• No changes to DECC’s existing environmental regulation via offshore chemical/oil discharge permits and environmental assessment regime, which will all remain outside the CA.
• Impact assessment to be in the consultation document
Common data reporting (1)
• Concerns about consistency of reporting offshore incidents:
-> lack of transparent in operator safety & environmental performance
-> lack of public access to comparable data
-> Annex IX, giving broad scope for common data reporting for offshore incidents and for Member State Annual Reports
• But, “delegated Acts” required to further develop this scope
Common data reporting (2)
• Data categories fairly obvious, e.g.• HCRs• Loss of well control• Significant loss of structural integrity
• Need clear definitions, though
• Work now going ahead via EUOAG, with OGP, IADC and IMCA representing industry
• To be concluded April 2014 -> delegated Regulation
Common data reporting (3)
• These data reporting requirements are in addition to RIDDOR
• Concerns:• Consistency with existing data
recording categories – e.g. HCRs• Avoiding duplication with other
reporting requirements• Clarity of requirements • Level of detail required
• Watch this space!
QUESTIONS?
© Crown copyright 2014. Reproduced with the permission of the Controller of Her Majesty’s Stationery Office and HSE