Health
Healthand
andSafety
Safety
Executive
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
•
UK will need to change its offshore regulatory bodies
Eventually, the Directive included tight requirements for
national 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?
© Crown copyright 2014. Reproduced with the permission of the Controller of Her Majesty’s Stationery Office and HSE