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?

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