gap analysis ukegyptian offshore occupational safety and health, gap analysis between uk and...

Offshore Occupational Safety and Health,

Gap Analysis Gap Analysis between

UKUK and EgyptianEgyptian LegislationsCaptain Ahmed Onsi

Arab Academy for Science, Technology & Maritime Transport

IntroductionIntroduction

• Today, petroleum has become an indispensable source of energy for modern industry and progress.

• It has been recognized as the back bone of energy which every country fights to possess.

• Owning oil or petroleum field means owning financial sources of income and possessing sources of dominating world power.


Source: BP Statistical Review of World Energy, June 2009.


• In Egypt the situation is even more dependent on oil and gas as the main sources of energy with the development engines utilizing more that 90% of its energy needs from oil and gas, Figure (2) shows the primary energy consumption in Egypt.


• Due to major recent discoveries, natural gas is likely to be the primary growth engine of Egypt's energy sector for the foreseeable future.

• Foreign oil companies began more active exploration for natural gas in Egypt beginning in the early 1990s, and very quickly found a series of significant natural gas deposits in the Nile Delta, offshore from the Nile Delta, and in the Western Desert.


• Egypt's natural gas sector is expanding rapidly with production having more than doubled between 1999 and 2003 and tripled by 2007, giving a good chance for export (BP, 2009).

• From this point came the importance of controlling Offshore health and safety aspects in Egypt.

Offshore health and safety - Coastal State Responsibilities

• The coastal State can under international law, set whatever requirements it decides upon for those who seek permission to drill on its continental shelf and can deny that permission and the use of its privileges, unless compliance with its laws and regulations is assured by the operator,


• There might be the possibility of conflict between the requirements or the flag State and those of the coastal State; the flag State asserting its sovereign rights over the rig and the coastal State maintaining its sovereign rights over the exploration and exploitation of its offshore mineral resources. (Barrett, 1987).


• Provisions of international laws and conventions give every coastal state the overriding power to regulate within its area of jurisdiction “territorial water, continental shelf and exclusive economic zone” exploration and exploitation of its offshore mineral resources.

Maritime Zones as defined by The United Nations Convention on Law Of The Sea (UNCLOS)


• In the exercise of jurisdiction over offshore exploration and exploitation it became imminent that laws and regulations have to be made to ensure the integrity of the installations and its critical systems, its operability, management, manning, health and safety of crew, measures for protection and safeguarding the environment, as well as means of evacuation and rescue in the event of emergency.

UK Offshore Regulatory System

• The piper Alpha Disaster

• Gas collector platform in the North Sea destroyed by fire and explosion with 167 lives lost on July 6th, 1988.

• One cannot deny that the Piper Alpha disaster has the major influence that affected the present UK Offshore safety legislations.

The Piper Alpha Disaster

UK Offshore Regulatory System • Before the Piper Alpha Before the Piper Alpha event of 6th July, 1988,

which brought about the present revolutionary changes, offshore activities in the UK were operating under the following regulations:

• Minerals workings act (MWA) 1971.

• Health and safety at work act (HSW) 1974.

• Offshore installations (construction and survey regulations) 1974.

• Petroleum and submarine pipelines act (PSP) 1975.


• The offshore installations (fire fighting equipment regulations) 1977.

• The offshore installations (life saving appliances regulations) 1977.

• Gas enterprises act 1982.


• Status of the Present UK offshore Legislation

• The Health and Safety at Work Act 1974 (HSW) requires employers to ensure the health and safety of their employees and others who may be affected.

• Specific regulations on health hazards such as noise, chemicals and radiation have been made under the HSW Act.

Source: HSE, A Guide to Health and Safety in Great Britain, 2009.


• Summary of Applicable Legislation• Health and Safety at Work Act 1974 (HSW

Act)• The main principle of the Health and Safety at

Work Act (HSWA) is that it is those who create risk from work activity who are responsible for the protection of workers and the public from any consequences. So it places general duties on employers to ensure the health and safety of their employees, and others which may be affected by their undertaking.


• Safety Case Regulations (SCR) Statutory Instrument (SI) 2005/3117

• The safety case regulations are the key focal point of the new regime of offshore health and safety legislation. Safety Cases will have to demonstrate that: Management systems comply with requirements of health and safety law, Adequate arrangements exist for auditing the system, Hazards which might cause serious accidents have been identified and Risks have been evaluated and practical measures taken to reduce dangers to personnel.


• Prevention of Fire and Explosion, and Emergency Response Regulations (PFEER) Statutory Instrument (SI) 1995/743

• PFEER focus on identifying and preventing fire and explosion hazards, protecting persons from the effects of any that do occur, and securing effective response to emergencies. Appropriate performance standards for preventive and protective measures are also required.


• Design and Construction Regulations (DCR) Statutory Instrument (SI) 1996/913

• The objectives of the Design and Construction regulations (DCR) seek to ensure that an offshore installation is designed, constructed and operated so that the level of integrity is as high as reasonably practicable and associated risks to people are as low as reasonably practicable.


• Management and Administration Regulations (MAR) Statutory Instrument (SI) 1995/738

• One of the major facets of the Safety Case Regulations (SCR) is the requirement to demonstrate that management systems are adequate to ensure compliance with relevant statutory health and safety provisions.


• Provision and Use of Work Equipment Regulations (PUWER) Statutory Instrument (SI) 1992/2932

• Provision and Use of Work Equipment Regulations (PUWER) seeks to ensure the safe provision and use of work equipment. The equipment to which PUWER applies is wide, covering most offshore plant.


• The Role of Health and Safety Executive Sector (HSE)

• The Health and Safety Executive (HSE) is responsible for different aspects of the law applied to offshore oil and gas, HSE ensures that risks to people’s health and safety from work activities are properly controlled


• Purpose and Activities of Offshore Division• Offshore Division (OSD) ensures that risks to

people who work in the oil and gas extraction and diving industries are properly controlled. The tasks of Offshore Division (OSD) range from providing advice and guidance on operational and technical matters to working closely with industry on reducing releases of hydrocarbon.


• Step Change in Safety• Step Change in Safety is the UK based

partnership with the remit to make the UK the safest Oil and Gas Exploration and Production province in the world. It was founded in 1997 by the Oil and Gas industry trade associations with the aim of reducing all the UK offshore Oil and Gas industry injury rate by 50%. By 2002 a new vision was created: “The UK is the safest place to work in the worldwide oil and gas industry by 2010”.


• Analysis of the United Kingdom (U.K) offshore health and safety regulatory system showed that it is one of the most specialized goal setting systems specialized goal setting systems worldwide as it came in reaction to painful came in reaction to painful disasters disasters particularly the Piper Alpha disaster.

• These painful disasters led to the presence of a specialized bodyspecialized body, The Offshore Division (OSD), responsible for insuring the safe working environment in compliance with relevant specialized codes and guidelines.


• The U.K system adopted risk assessment concepts, through the Safety Case Regulations, in a practical manner allowing the responsible body (OSD) of insuring that preventive measures are in place to control hazards before they turn into accidents.

Egypt’s Occupational Safety and Health Regulatory System

• Labour Law 12\2003 reflects the interest of the Ministry of Manpower and Immigration in securing the labour environment through a comprehensive set of regulations and detailed executive decrees, Upon which all occupational safety and health requirements in all kind of activities in Egypt refer

Source : Ali, H., Gado, M., (2003). Labour Law 12\2003 and Related Ministerial Decrees


• Book (V) of The Labour Law 12/2003

• Book (V) is concerned with the Occupational Safety and Health and Ensuring Labour Environment Security. The book is divided into seven sections

Source : Ali, H., Gado, M., (2003). Labour Law 12\2003 and Related Ministerial Decrees


• Section 1: Definitions and Range of Application• This section displays the meaning of:• Work injury, occupational diseases and chronic

diseases as illustrated in the Social Insurance Law.• The establishment is defined as every project or

facility owned or run by one of the private sectors or one of the public sectors.

• The application of the previous items include all work environments and their branches in land or sea. It also includes all different kinds of transportations and water surfaces.


• Section 2: Work Sites, Installations and Licenses

• This section concerns the provisions and conditions of work environment, also determines the specialized authority or committee which is responsible for inspections, licenses and approvals.


• Section 3: Ensuring Labour Environment Security• This section concerns the role of the establishment and its

branches in securing the work environment against the following hazards:

• Severity and intensity of heat and chillness.• Noise and vibration.• Lighting.• Harmful and dangerous radiations.• Atmospheric pressure changes.• Static and dynamic electricity.• Explosion risks.


• Section 4: Social and Health Services

• Social and Health Services are subject to the provisions of the Social Insurance Law, the establishment and its branches shall carry out medical examinations for the worker before he joins work as well as Examining his physical, mental and psychological abilities.


• Section 5: Inspection in the Field of Occupational Safety and Health and Labour Environment

• This section displays the responsibility of the inspection body within the Ministry of Manpower and Immigration for the following:

• Preparing special body for inspection, it has to be efficient and qualified by practical experience. The inspection process has to be periodical.

• Training inspectors according to a set schedule to increase their efficiency.

• Having inspectors do the necessary procedures to perform their tasks, like processing medical examinations to personnel, collecting samples from used substances, using of necessary equipments and devices,


• Section 6: Committees for Occupational Safety and Health in the Establishments

• This section deals with the Committees for Occupational Safety and Health in the Establishments.

• Section 7: Research, Studies and Consultative Bodies

• The national center of industrial safety studies shall set central plans of research and studies in the field of safety, occupational health and work environment security


• Analysis of book (V) of the Egyptian Labour Law 12\2003 shows that it is a comprehensive set of instruments and standards constructed to cope with the recent changes in the work environment.

• But due to the fact that the Labour Law 12\2003 is a general law that came to suite all kinds of activities, it cannot be considered as a suitable legislative frame work for specialized industries which has a unique combination of hazards such as the offshore oil and gas sector in Egypt.

Recommendations• To enhance the implementation of Egypt's regulatory

system and to move from static to dynamic status, there is a high need for relevant authorities in Egypt to put into consideration the following recommendations:

• -The development of a specialized offshore department within the Ministry of Manpower and Immigration to follow up and carry out the required inspections. The ministry to recruit personnel with the suitable experience, in addition to the available expertise (doctors, chemists and engineers), who can deal with and assess the hazards associated with the offshore industry.

Recommendations

• -To provide a standard methodology for risk assessment capable of identifying all risks associated with each part of the work program, ensuring that suitable preventive measures are in place. Also the development of clear procedures, forms and criteria for risk assessment.

gap analysis ukegyptian offshore occupational safety and health, gap analysis between uk and...

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