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    THE JOURNAL OF ENERGY

    AND DEVELOPMENT

    George Baker,

    The Political Science of Industrial Safety:

    Have the Deeper Lessons ofDeepwater Horizon

    Been Learned?,

    Volume 36, Number 2

    Copyright 2012

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    THE POLITICAL SCIENCE OF INDUSTRIAL

    SAFETY: HAVE THE DEEPER LESSONS OF

    DEEPWATER HORIZON BEEN LEARNED?

    George Baker*

    Introduction

    If, during the fateful daylight hours on April 20, 2010, the members of the VIPjoint safety audit team that was visitingDeepwater Horizonthe ultra-deepwater,offshore oil righad met privately with the Transocean site manager, they would

    have learned of a disagreement regarding the safety risks associated with a pro-

    cedure that was then taking place. The Transocean manager regarded the BP

    decision as so unreasonable that he remarked, fatefully, [decisions like that are

    the reason] why we have blowout preventers.1

    The audit team would have learned that in the temporary well abandonment

    process, BP had ordered the displacement of heavy drilling mud in four miles of

    well bore and risers with much lighter sea water in a well that had penetrated an

    *George Baker is the Managing Principal of Baker & Associates, Energy Consultants. The firm,

    based in Houston since 1996, provides back-office analysis through its Mexico Energy Intelligence

    (MEI) reporting, along with briefings and workshops on developments in Mexican energy, law, and

    contracts. The author earned a Ph.D. in history from Duke and an M.A. in social sciences formCalifornia State, Fullerton. He has held positions at several academic and commercial organizations,

    among them New Mexico State University, where in the late 1980s he was executive secretary of

    a bi-national consortium of public universities with academic programs on U.S.-Mexico policy

    matters. In tracking Pemex, the national oil company of Mexico, and its goal to become a deepwater

    producer, his concerns have come to include public oversight and industrial organization and safety.

    Based on his interviews with industry and government sources from the United States, Mexico, and

    Cuba, Baker concludes that the lessons of Macondo will not have been learned until they are applied

    equally across the Gulf of Mexico.

    The Journal of Energy and Development, Vol. 36, Nos. 1 and 2

    Copyright 2012 by the International Research Center for Energy and Economic Development(ICEED). All rights reserved.

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    over-pressured reservoir; but the rub was that the integrity of the cement plug had

    not yet been unequivocally established.

    During the time of the VIP visit, the Transocean staff was carrying out the

    negative pressure test, by which the pressure in the well bore above the cement

    barrier is reduced in order to detect if that condition produces flows of liquids orgas.2 The correct interpretation of this test is the single most important industrial

    safety check associated with temporary well abandonment. Professor Andrew

    Hopkins of the Australian National University writes:

    [The staff] ultimately misinterpreted the results of their testing and concluded that the well

    was secure when in fact it was flowing. This was a terrible mistake, calling into question the

    competence and training of all those involved.3

    The VIPs visited the drilling shack where rig personnel were engaged in a dis-cussion of how the test is performed and how to measure the results. A Transocean

    executive, possibly smelling trouble, suggested that the on-site rig manager stay

    behind in the tour to oversee the process.4 Later in the day, the executive asked the

    manager if the test had gone well and was given a thumbs up. Hopkins observes

    that the question, as posed, was more conversational than one of a serious inquiry.

    The executive did not exercise his role as auditor of this Critical-to-Quality measure.5

    Hopkins notes there was a second opportunity for the VIPs to exercise the role

    of safety auditors: safety rules required that the crew monitor the volume of fluids

    extracted from the well in order to make sure that they were in balance with thefluids going into the well. If more fluids were coming out than going in, it meant

    that the well was flowing (which it was). Lack of attention to this process meant

    that the final opportunity to prevent the blowout was missed.

    Background

    Anthropologists in the late 19th and early 20th centuries, studying primitive

    (non-literate) societies, introduced the term culture to refer to the set of atti-tudes, behaviors, beliefs, and taboos that characterize the members of a population

    that may be identified by geographical, religious, or linguistic grounds. By its

    polyvalent nature, culture lacks a single metric by which to measure its presence.

    Industry uses the term safety culture as a metaphor in a vaguely quantitative

    way to refer to attitudes and practices that, in principle, could be scored higher or

    lower in terms of an awareness of, and attention to, risk. A safety culture also may

    be regarded as positive or negative. In relation to the Deepwater Horizon

    drilling rig, the U.S. Coast Guard in its report determined that the safety culture

    was lax.6

    Since the 1980s there has been extensive research into the nature of safety culture,

    but the concept itself remains ill-defined. Consider two characterizations:

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    What is Being Audited in Safety Audits? All safety audits have common con-

    cerns: not only the condition of safety equipment but the condition of safety alarm

    systems, such as hydrogen sulfate alarms on rig platforms and safety alerts in crew

    quarters. Beyond matters of the material conditions, a safety audit should evaluate

    the quality of training, supervision, and performance.Occupational Safety: The safety audits regarding occupational safety are well

    known, perhaps to a fault; the protocols for inspecting conditions where injury to

    head, limbs, and organs have been well established in most industries.

    Process Safety: The auditing of process safety at an industrial facility requires

    a breadth and depth of industry background as the audit may entail making judg-

    ments about a dozen or more independent systems, any one of which, if it should

    fail, would put in jeopardy the crew and the facility.Quality of Technical Supervision: Technical supervision requires constant

    training and verification. On the Deepwater Horizon it would soon become

    apparentbut only after the auditors left the rigthat the training and supervision

    of the crew regarding the critical test of well integrity were inadequate.

    Rogue Behavior: The banking industry has seen disastrous outcomes of the

    speculative behavior of traders who were acting on their own impulses and agendas

    outside of companynorms andrules. There is no reason to suppose that such rogues,

    as they have been termed in the media, exist only in the banking industry.8 Auditors,

    personnel managers, and line managers need to be alert for signs of rogue behavior.

    Safety Politics and Appearances: The evidence and personal anecdotes as pre-

    sented by Professor Hopkins indicate that the notions of Time Out for Safety and

    Stop-Work Authority are far from being tools that enhance safety; he suggests that

    they serve mainly as slogans in corporate safety advertising. While a manager may

    stop a production line if there is risk to an employee, it is unlikely that either one

    would risk asking for the suspension of all production owing to a risk to the facility.

    The question has been raised as to why the Transocean manager, who, by press

    accounts, strongly disagreed with the well abandonment procedures that the BP site

    manager had requested, did not order a suspension of all work pending a review byonshore authority.Why, in other words,didhe notexercise his Stop-Work Authority?9

    The answers to these questions are probably found in the money on the table: the

    fully loaded, daily cost of operating the rig was in the neighborhood of $1 million.

    For Transocean to have ordered the abandonment process be suspended, it likely

    would have been liable by contract to BP for that amount. In addition, there may

    have been bonuses and penalties at stake both for the site and onshore managers that

    motivated them to get the rig off the Macondo well site without further delay.

    Features of the Next Safety Accountability Regime: This discussion suggests thatchanges in the legal, regulatory, and contractual frameworks governing industrial

    accidents are ahead. In response to the Macondo accident, and to others like

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    itoffshore or otherwisesooner or later the law in the United States and in most

    other countries around the world will be changed.

    1. Contractors and owners will be jointly and severally liable for accidents at

    industrial facilities, offshore and otherwise, but not in equal proportion.

    Perhaps the well owner would be liable for 70 percent of costs, with keycontractors collectively being responsible for the remainder. The goal here is to

    break through the mindset of complacency of contractors who tell themselves

    that it is the operator, not the contractor, who is on the hook for liabilities.

    2. The joint-liability model will entail new insurance requirements to reflect

    risk exposure. A system of differentiated liability caps may be needed for

    distinct classes of contractors.

    3. There will be incentives and sanctions for agencies and public servants re-

    sponsible for permitting and regulatory enforcement.

    Observations

    In his analysis of testimony after the Macondo accident, Professor Hopkins

    concluded that auditors chose not to inquire into the state of training and supervision

    of personnel in the mud shack, even though the entire integrity of the rig depended

    upon the accuracy and thoroughness with which crew and supervisors did their jobs.

    Hopkins speculates that, in turning away from an obvious danger zone, the

    auditors reasoned that they did not want to insinuate, by their inquiries, that therewas any lack of confidence in the professionalism of the crew and its supervisor.

    He observes that the purpose of an audit is not to be polite but to verify that training

    and performance standards are being met.

    The term management walk-around (as used in the title of his report) has the

    ring of an audit of matters of occupational safety; it suggests an easy conversa-

    tional tone without a clipboard in hand. An industrial safety audit, in contrast,

    requires a clipboard if not an iPad in order that the condition and integrity of key

    components (including data sets) may be verified.

    The notion of Stop-Work Authority should be dropped, as it is seldom if

    ever employed; further, in many cases, stopping a production line needlessly could

    create other safety hazards as well as entail economic losses.

    Conclusion

    Had a regulatory framework been in place on April 20, 2010, that required that

    industrial safety audits be carried out independently from occupational safety audits,then it is reasonable to suppose an audit of the first kind on Deepwater Horizon that

    day would have spotted and corrected the problems that led to the blowout.

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    Regardless of the reasons, the turning away by the safety auditors from the

    likely trouble spots where improper execution of well abandonment procedures

    could put at risk the lives of the crew and the physical integrity of the rig meant

    that the auditors chose not to audit. The auditors turned their visit into a social one,

    giving the appearance of management interest in, and concern about, the workingconditions of crews on an important asset. In this light, the accident was caused by

    the failure of the rig governance model and the inadequacies and blind spots of the

    safety audit protocols.

    The story of such failures and inadequacies is doubtlessly replicated in in-

    dustrial accidents around the globe. Often, blame is put on outside parties or

    contractors. In April of 1992, when a kilometer or more of sewage pipeline ex-

    ploded in a poor neighborhood of Guadalajara, Pemexthe national oil company

    of Mexicoat first put the blame on a private chemical plant. In July of 1996, two-

    thirds of Pemexs gas processing capability for the country was taken off-line

    when an explosion destroyed the 2 billion-cubic-feet-per-day plant at Ciudad

    Pemex. The eventual cause was said to have been that of a contractor who was

    welding with an acetylene torch in an improper manner.

    Such accidents will continue to occur until contractors, as well as facility

    owners, are responsible for the costs of such accidents. Only then will contractors

    feel co-responsible for lapses in training, supervision, and safety audits.10

    In relation to industrial infrastructure, offshore or otherwise, the political sci-

    ence of safety is an area begging for more management and sociological research.What is the right mix of incentives and sanctions that would motivate all actors

    involved in regulation, enforcement, and operations to insist on training and

    protocols of industrial safety in ways such that Critical-to-Quality hot spots will

    not be overlooked elsewhere as they were on the Deepwater Horizon in 2010?

    This is an open question for further research. It is a scientific question as well as

    one for regulators and industry executives and their lawyers.

    NOTES

    1As events turned out, the blowout preventer would be needed; however, in this case it failed to

    cancel out the original bad decision to proceed with the well abandonment process absent an un-

    mistakable test of well integrity.

    2Terry Barr, The Oil Disaster Is About Human, Not System, Failure, Wall Street Journal,

    June 11, 2010.

    3Andrew Hopkins, Management Walk-Arounds: Lessons from the Gulf of Mexico Well

    Blowout, National Research Centre for Occupational Health and Safety Regulation, Working

    Paper no. 79, Australian National University, Canberra, Australia, February 2011. Citations to

    Professor Hopkins refer to this report.

    4Russell Gold and Ben Casselman, On Doomed Rigs Last Day, a Divisive Change of Plan,

    Wall Street Journal, August 26, 2010.

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    5Critical-to-Quality is a concept taken from the quality-control system known as Six Sigma,

    famously practiced by General Electric:

    To achieve Six Sigma Quality, a process must produce no more than 3.4 defects per million

    opportunities. An opportunity is defined as a chance for nonconformance, or not meeting

    the required specifications. This means we need to be nearly flawless in executing our key

    processes.

    See General Electrics website, available at http://www.ge.com/en/company/companyinfo/

    quality/whatis.htm.

    6Critics in U.S. Congressional hearings and in the media criticized BPs long history of safety

    violations as evidence of a lax safety culture.

    7The first heading in Wikipedias entry on Safety Culture is Defining Safety Culture.

    References to the cited text are provided in this article, available at http://en.wikipedia.org/wiki/Safety_culture.

    8Dr. Bruce Ivins was the anthrax killer who, according to findings by the U.S. Justice De-

    partment, escaped detection for most of a decade, all the while performing his duties at a secret

    biodefense research lab.

    9It is even more perplexing why the Transocean manager did not voice his concerns and ob-

    jections to the safety audit team. It would appear that only a whistle-blower onboard the rig could

    have saved the ship. BPs post-accident report focused almost exclusively on matters of remediation

    and ignored the causes and preventative measures that could be implemented to help prevent the

    recurrence of a future Macondo.

    10In some contexts, as in Pemex, the oil union also should be included in the accountability

    model.

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