1. 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: RSDComms@dmp.wa.gov.au or visit www.dmp.wa.gov.au/ResourcesSafety

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

3. 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

4. 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

5. 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

6. 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. 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

8. 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

9. 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

10. 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)

11. 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

12. 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)

13. 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

14. 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)

15. 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)

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