NATIONAL OFFSHORE PETROLEUM SAFETY AUTHORITY
DETERMINATION UNDER REGULATION 39N(2)(C) OF THE PETROLEUM (SUBMERGED LANDS) (PIPELINES) REGULATIONS 2001
BACKGROUND
Details for reporting of accidents and dangerous occurrences
Accidents and dangerous occurrences must be reported to the Authority in accordance with the regulations (Clause 41 of Schedule 7 of the Petroleum (Submerged Lands) Act 1967).
A dangerous occurrence is defined by Regulation 39M of the Petroleum (Submerged Lands) (Pipelines) Regulations 2001 as an occurrence at a pipeline that:
(a) created a substantial risk of an accident; or
(b) was of another kind that a reasonable operator would consider to require an immediate investigation.
Timing and content of reports
Subregulation 39N(2) of the Petroleum (Submerged Lands) (Pipelines) Regulations 2001 requires, unless otherwise agreed by the Safety Authority, a written report be provided within 3 days to the Authority of an accident or dangerous occurrence, or its detection. Subregulation 39N(2)(c) provides for the Safety Authority to make a determination as to what details concerning an accident or dangerous occurrence must be included in the written report.
THE DETERMINATION
The report to be provided under subregulation 39N(2) must contain material details of the types determined as follows.
General
- The pipeline name, site name or location where the incident occurred.
- Name and business address of registered operator or other person who controls the work site.
- Time and date of incident.
- Names and contact details of any witnesses.
- Name/position/telephone number of person submitting these details.
- Brief description of incident.
- Work/activity being undertaken at time of incident.
- Action taken to make the work-site safe including details of any disturbance of the work site.
- Was an emergency response initiated?
Injuries
10. Name of employer of deceased/injured person(s) [if any and if different from answer in item 2].
11. Details of deceased/injured person(s) – including: name, date of birth, sex, residential address and telephone number, occupation/job title and details of injury, details of job being undertaken.
12. Day of shift and hour of shift (e.g. 5th day of 7, 1st hour of 12).
Fluid Escape
13. Estimated quantity and composition of fluids that escaped or burned, including known toxicity.
14. Duration of escape.
15. Location and weather conditions.
Serious Damage
16. Identify equipment damaged and to what extent.
17. Will the equipment or pipline be shutdown and for how long?
Immediate Actions
18. Immediate action taken/intended, if any, to prevent recurrence of incident.
Analysis and Remedial Actions
19. Immediate cause analysis.
20. Root cause analysis and full report.
21. Actions to prevent recurrence of same or similar incident with responsible party and completion date.
John Clegg
Chief Executive Officer
National Offshore Petroleum Safety Authority
Dated this………7th…….day of……December………….2004
Overview
The National Offshore Petroleum Safety Authority Determination under Regulation 39N(2)(c) of the Petroleum (Submerged Lands) (Pipelines) Regulations 2001 was introduced to ensure comprehensive and timely reporting of accidents and dangerous occurrences in the offshore petroleum industry. This legislative instrument aims to maintain safety standards and prevent potential risks by mandating the reporting of incidents to the Authority. The determination specifies the required content of the reports, ensuring that all relevant details are communicated promptly and thoroughly to facilitate effective investigation and response.
The determination was enacted by the National Offshore Petroleum Safety Authority, which is tasked with regulating the safety of petroleum activities in Australia's offshore areas. The policy objective behind this regulation is to ensure the safety and well-being of personnel and the environment by requiring detailed reporting of any incidents that pose a risk or have the potential to cause harm. This structured reporting framework helps in the swift identification and mitigation of risks, contributing to the overall safety and regulatory compliance within the offshore petroleum sector.
Scope and Application
This legislation pertains to the reporting requirements for accidents and dangerous occurrences in the context of offshore petroleum pipelines, applying specifically to entities involved in offshore petroleum activities within Australian jurisdiction. The Act applies to registered operators or any other person who controls the work site, demanding that they report any accidents or dangerous occurrences to the National Offshore Petroleum Safety Authority. The geographic reach of this Act extends to all offshore petroleum activities within Australia's submerged lands, as defined by the Petroleum (Submerged Lands) Act 1967. Unless otherwise agreed by the Safety Authority, a written report must be submitted within three days of the incident or its detection, detailing various specific aspects of the incident. The Safety Authority has the power to determine the details to be included in these reports, as evidenced by the determination outlined in the legislative instrument. There are no exclusions, exemptions, or thresholds specified in the text, and the application of the Act may be extended or restricted through subordinate instruments as necessary.
Key Provisions
The main operative sections of this legislation outline the requirements for reporting accidents and dangerous occurrences in the offshore petroleum industry. Under subregulation 39N(2) of the Petroleum (Submerged Lands) (Pipelines) Regulations 2001, a written report must be provided within three days to the National Offshore Petroleum Safety Authority (NOPSA) whenever an accident or dangerous occurrence occurs or is detected. Subregulation 39N(2)(c) allows NOPSA to determine the specific details that must be included in these reports, as detailed in the determination issued by the Chief Executive Officer of NOPSA.
The obligations and requirements imposed by this legislation include the prompt reporting of any accidents or dangerous occurrences that meet the regulatory criteria, such as incidents that created a substantial risk of an accident or were of a nature that required immediate investigation. Operators must provide detailed information in their reports, including the location and time of the incident, the names and contact details of witnesses, a description of the incident, and the actions taken to ensure the site's safety. For incidents involving injuries, the report must include details about the injured parties and their employers. In cases of fluid escapes, the report must detail the estimated quantity and composition of the escaped fluids, as well as the duration and conditions of the escape. If serious damage occurred, the report must identify the damaged equipment and assess the extent of the damage, including any planned shutdowns.
Failure to comply with the requirements of this legislation may result in civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of safety regulations in the offshore petroleum industry can typically result in substantial fines, legal action, and potential revocation of operational licenses. The seriousness of the breach, including whether it led to harm or significant safety risks, can influence the severity of the penalties imposed.