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Impact of the Changes in Petroleum Safety Legislation Industry Forum - February 2010

3 Effect of proclamation of the PLARA 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 Powers / functions of inspectors Reports on inspections / investigations Codes of practice / listed OSH laws Reviews, appeals and referrals PINs, INs, PNs, DNDNs Duty of care of operator / licensee

Impact of proclamation of the PLARA 4 General duty of care of the operator / licensee includes:  All members of the workforce including contractors and sub- contractors  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

Impact of proclamation of the PLARA 5 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

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

7 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

Impact of proclamation of the PLARA 8 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

Impact of proclamation of the PLARA 9 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

Impact of proclamation of the PLARA 10 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)

Impact of the regulations Pipeline / Petroleum and Geothermal Energy Resources (OSH) Regulations 11  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

Impact of the regulations 12 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)

Impact of the regulations 13  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

Impact of the regulations Petroleum and Geothermal Energy Resources (MOS) Regulations 14  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)

Impact of the regulations 15  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)

End of presentation And thank you once again………any more questions? 16