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TRANSCRIPT
Guidance for Notification of Petroleum Incidents
Part of the
Petroleum Safety Framework
REFERENCE: CER/14/015
DATE PUBLISHED: 21st January 2014
VERSION 1.0
The Commission for Energy Regulation,
The Exchange,
Belgard Square North,
Tallaght,
Dublin 24.
www.cer.ie
ii
Table of Contents
Table of Contents ................................................................................................................. ii
1 Introduction ...............................................................................................................3
1.1 The Petroleum Safety Framework ............................................................................3
1.2 Scope of this Guidance ............................................................................................3
1.3 Legal Context ...........................................................................................................3
1.4 Structure of the Document .......................................................................................4
2 Process for Notification of Petroleum Incidents by Petroleum Undertakings ......5
2.1 Notification of Petroleum Incidents ...........................................................................5
2.2 CER consideration of reported petroleum incidents .................................................6
2.3 CER Reporting of Petroleum Incidents .....................................................................7
3 Guidance on what Constitutes a Petroleum Incident .............................................8
3
1 Introduction
1.1 The Petroleum Safety Framework
The Electricity Regulation Act 1999, as amended inter alia by the Petroleum (Exploration
and Extraction) Safety Act 2010 (the Act) gives the Commission for Energy Regulation
(CER) responsibility for the safety regulation of petroleum exploration and extraction
activities in Ireland. The Act requires the CER to establish and implement a risk-based
petroleum safety framework (referred to in this document as the Framework). The
Framework is the overall system established by the CER to regulate the safety of petroleum
activities1 and in particular designated petroleum activities,2 carried out by petroleum
undertakings.3 The Framework established under the Act is a permitting regime, and is goal-
setting and risk-based, whereby petroleum undertakings are required to reduce risks to a
level that is as low as is reasonably practicable (ALARP).
1.2 Scope of this Guidance
This guidance document, the Guidance for Notification of Petroleum Incidents sets out the
process by which petroleum undertakings must notify the CER of all petroleum incidents, in
line with the requirements in the Petroleum Safety (Petroleum Incident) Regulations 2014
(the ‘Petroleum Incident Regulations’) and the Act.
This guidance document also provides the CER’s view as to events and occurrences which
may constitute petroleum incidents. These events and occurrences are listed in section 3
and are grouped by class and subclass, with each class (respectively) respectively
corresponding to parts (a)-(f) of the definition of petroleum incident in the Act. For ease of
reference, the CER has summarised certain provisions of the Act in this document.
This guidance is intended to assist petroleum undertakings in carrying out their duties under
the Act but is not a substitute for, or a legal interpretation of, the Act or the Petroleum
Incident Regulations. If a petroleum undertaking identifies a petroleum incident that is not on
the list, this also needs to be notified to the CER.
The guidance provided in this document may be subject to review by the CER from time to
time.
1.3 Legal Context
Section 13S of the Act requires that, where a petroleum incident occurs, the petroleum
undertaking concerned (or if the petroleum incident involves more than one petroleum
undertaking, the petroleum undertakings concerned) notify the CER of the petroleum
1 As defined in section 13A(2) of the Act.
2 As defined in section 13A(2) of the Act and designated in the Petroleum Safety (Designation of Certain Classes
of Petroleum Activity) Regulations 2013. 3 As defined in section 13A(1) of the Act.
4
incident as soon as practicable after the occurrence of the petroleum incident..4
A petroleum incident is defined in the Act as meaning5 an event or occurrence in, at or in the
precincts of petroleum infrastructure that:
a) results in the loss of human life;
b) results in personal injury being suffered by a person;
c) results in damage to the structural integrity of petroleum infrastructure;
d) results in the structural integrity of petroleum infrastructure being compromised;
e) results in the failure or malfunction of plant and equipment used as part of or in a
manner closely associated with petroleum infrastructure; or
f) is an event or occurrence prescribed by the CER by Regulation.6
Failure to notify the CER of a petroleum incident is an offence under the Act and can result
in a fine of up to €5,000 on summary conviction, or a fine of up to €1,000,000 on conviction
on indictment.7
The CER may prescribe, by regulation, the form of the notification to be provided by the
petroleum undertaking and may specify additional particulars to be provided in respect of a
class of incident. The Petroleum Incident Regulations require that notification of petroleum
incidents be in writing, provided that in the case of a petroleum incident resulting in the loss
of a human life, or as a result of which persons are missing, the petroleum undertaking(s)
shall in addition supply the CER by the quickest practicable means with the name of the
deceased or missing person(s), brief particulars and the location of the petroleum incident.
1.4 Structure of the Document
The document is split into a further 2 sections:
Process for notification of petroleum incidents petroleum undertakings (section 2);
and
Guidance on what constitutes a petroleum incident (section 3).
4 Section 13S of the Act.
5 Section 13A of the Act.
6 See the Petroleum Safety (Petroleum Incident) Regulations 2014
7 Section 13S(3) of the Act.
5
2 Process for Notification of Petroleum Incidents by Petroleum Undertakings
2.1 Notification of Petroleum Incidents
Petroleum undertakings must notify the CER as soon as is reasonably practicable of
petroleum incidents using the Petroleum Incident Notification Form, which is published on
the CER website. This form may be updated from time to time.
On the Petroleum Incident Notification Form, the petroleum undertaking must identify the
class(es) and sub-class(es) of petroleum incident (taken from Table 1 in section 3) within
which the petroleum incident falls, or where the petroleum incident is not identified in Table
1, identifying it ‘Other’.
Example
A fire that caused a personal injury to a worker, who received treatment in hospital and did not
return to work for 2 weeks.
A single Petroleum Incident Notification Form is submitted to the CER, which identifies incident
class B1, and class F1.
The petroleum undertaking should also provide brief particulars of the petroleum incident,
and describe any emergency action taken in respect of the petroleum incident.
In the case of a petroleum incident which results in the loss of human life or a missing
person, the petroleum undertaking must notify the CER, by the quickest practicable means
of:
The name of the deceased or missing person(s);
Brief particulars of the petroleum incident; and
The location of the petroleum incident.
This is in addition to the requirement to notify the CER using the Petroleum Incident
Notification Form, which should be submitted as soon as practicable after the incident.
The Petroleum Incident Notification Form, as well as relevant CER contact details can be
found on the Safety section of the CER website8.
Petroleum undertakings should note that the notification of petroleum incidents to the CER in
accordance with the Act and the Petroleum Safety (Petroleum Incident) Regulations 2014
(the ‘Regulations’) does not relieve them of their reporting requirements to other statutory
authorities as imposed by law.
8 www.cer.ie
6
2.2 CER consideration of reported petroleum incidents
The Act imposes an obligation upon petroleum undertakings to notify the CER of a
petroleum incident. Petroleum undertakings are defined as “any person to whom a
petroleum authorisation has been given or granted“, and so the Act imposes a notification
obligation on each ‘person’ named on the authorisation. As such, each person who is named
in the petroleum authorisation is a duty holder under the Act.
The CER notes that for ease and efficiency of administration, all persons named on an
authorisation may seek to appoint one of their number to be responsible for discharging their
obligations arising under the Framework and that one of the named persons would be
responsible, as between the persons named on an authorisation, for notifying the CER of the
petroleum incident on behalf of all such persons. However this contractual arrangement is
not reflected in the Act and the persons in respect of whom the notification is made must be
clearly identified on the face of the notification. A petroleum undertaking will not have
discharged its obligation to notify a petroleum incident if it does not make the notification or
someone does not expressly make the notification on its behalf. Where the notifying party is
not the petroleum undertaking, the name of the party giving the notice should be given,
together with the name of the petroleum undertaking. The CER shall be entitled to rely on
any notification purported to be made on behalf of a petroleum undertaking. Where a
notification is made which purports to be on behalf of a petroleum undertaking and (1) a
petroleum incident did not in fact occur or (2) multiple notifications are received in respect of
the same incident, the CER will investigate and seek to reconcile the reports.
On receipt of such a notification of a petroleum incident, the CER shall consider the
notification and assess whether further action is required by it or the petroleum undertaking.
Where the CER considers that no further action is necessary, it may inform the petroleum
undertaking that it does not intend to instigate action with respect to that specific petroleum
incident.
Where the CER considers further action is necessary, it may request a report, within a
specified timeline, from the petroleum undertaking concerned.9 The report will give additional
details of the incident and the circumstances associated with it so that the CER may give
further consideration to the petroleum incident and determine whether further action,
including enforcement action, is required.10
The CER also has the option to appoint a petroleum safety officer to investigate the
petroleum incident in accordance with section 13T of the Act. The powers of a petroleum
safety officer are set out in section 13W of the Act.
The CER will require the petroleum undertaking to notify it where other agencies have been
notified of the petroleum incident. This will facilitate discussions between the CER and the
other notified agencies with respect to subsequent requests for reports from the petroleum
9 Section 13S(2) of the Act
10 Section 13T(2) of the Act
7
undertaking and/or investigations into the petroleum incident with a view to avoiding
duplication of regulatory efforts where possible.
2.3 CER Reporting of Petroleum Incidents
Under section 13U of the Act, the CER is required to prepare and send to the Minister for
Communications, Energy and Natural Resources, a report in respect of incidents which
result in:
a) The loss of human life;
b) Personal injury being suffered by a person; or
c) Damage to property, the ownership of which is held by a person other than the
petroleum undertaking concerned.
The CER may also send a report to the Minister in respect of any other petroleum incident
where the CER deems it appropriate by reason of the seriousness of the petroleum incident
concerned.
8
3 Guidance on what Constitutes a Petroleum Incident
Table 1 below gives guidance on what, in the CER view constitutes a petroleum incident by
reference to each class of petroleum incident included in the definition of petroleum incident
contained in Section 13A of the Act. In this list the petroleum incident classes (a) to (f) have
been further sub-divided where appropriate.11 As noted above, the CER requests that in
notifying a petroleum incident, and insofar as possible, the petroleum undertaking specifies
the class and sub-class of petroleum incident that has occurred.
The Petroleum Incident Regulations specify those events or occurrences which, in the
opinion of the CER, may materially increase the risk of an event or occurrence referred to in
section 13U(1)(a) to (c) occurring, namely the loss of human life, personal injury, or damage
to third party property. The CER notes and acknowledges that there may, in some cases, be
overlap between those events and occurrences and other classes of petroleum incident
listed in the Act. The subcategories of petroleum incident are not intended to be mutually
exclusive.
For the purposes of notification, a distinction is made between a worker and a non-worker.
Persons carrying on an activity in relation to the operation or activities of the petroleum
undertaking are workers. Any other person (such as visitors to the site that are not engaged
in a petroleum activity or members of the public) is classed as a non-worker.
11
For class F, the sub-classes are the occurrences prescribed in the Petroleum Safety (Petroleum Incident) Regulations 2014.
9
Petroleum Incident Guidance
Class Subclass
A Results in loss of human life
A1 Worker
This class of incident includes events or occurrences in, at, or
in the precincts of petroleum infrastructure which result in:
Death, whether immediate or delayed, within 1 year
(except where the death is due to natural causes)12;
and
Confirmed missing person.
A2 Non-Worker
B Results in personal injury
being suffered by a person
B1 Worker
This class of incident includes events or occurrences in, at, or
in the precincts of petroleum infrastructure which result in:
An injury to a worker where the person cannot perform
all of their normal work activities for more than 3
consecutive days (not including the day of the
petroleum incident, but including subsequent non-
working days);
Any injury to a worker that requires treatment at a
hospital as an inpatient or outpatient; and
Any instance of decompression illness.
B2 Non-worker
This class of incident includes events or occurrences in, at, or
in the precincts of petroleum infrastructure which result in:
Any injury to any non-worker that requires treatment by
a medical practitioner
12
This aligns with the reporting requirements of the Health and Safety Authority, Ireland
10
Petroleum Incident Guidance
Class Subclass
B Results in personal injury
being suffered by a person B3 Occupational illness or disease
This class of incident includes events or occurrences in, at, or
in the precincts of petroleum infrastructure which result in:
Any medical condition, other than those in class B1, affecting a worker.
Such incidents may include exposure to hazardous
substances, noise, vibration, extremes of heat or cold and
ergonomic hazards associated with the carrying on of a
designated petroleum activity.
The diagnosis of occupational illnesses or diseases should be
documented by a medical practitioner.
11
Petroleum Incident Guidance
Class Subclass
C
Results in damage to the
structural integrity of
petroleum infrastructure
C [Not applicable]
This class of incident includes any event or occurrence that
reduces the on-going structural integrity of the petroleum
infrastructure such that a change in operations, or response or
other action is required.
For example:
Cracking or corrosion that reduces the structural
integrity of the petroleum infrastructure to the extent
that immediate de-rating (in the case of a pressure
vessel or pipeline), or emergency shutdown is required;
or
Dents or gouges in a pressure vessel or pipeline that
reduce the design structural integrity to the extent that
immediate de-rating, or emergency shutdown is
required.
D
Results in structural
integrity of petroleum
infrastructure being
compromised
D [Not applicable]
Any event or occurrence that may reduce the on-going
structural integrity of the petroleum infrastructure such that an
investigation of the structural integrity is required, or an
anticipated change in operations, or response or other action is
required.
For example subsidence or collapse of the seabed that affects
the foundation of an installation or pipeline.
12
Petroleum Incident Guidance
Class Subclass
E
Failure or malfunction of
plant and equipment used
as part of or in a manner
closely associated with
petroleum infrastructure
E [Not applicable]
In the Regulations, the CER has prescribed a number of
events or occurrences which in its view would also be
reportable under this class: Failure or malfunction of plant and
equipment used as part of or in a manner closely associated
with petroleum infrastructure.
The Regulations do not constitute an exhaustive list. Where
the petroleum undertaking is of the opinion that a petroleum
incident under this class has occurred this must be notified to
the CER.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F1 An uncontrolled fire or explosion
An uncontrolled fire or explosion, even if subsequently brought
under control after any period of time by emergency action.
Intentional fires (e.g. flaring) are not notifiable, unless a failure
in a system occurs such that the flare (fire) becomes
uncontrolled.
13
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F2
An uncontrolled release of
petroleum gas that could have
resulted in a fatality or a serious
injury
Serious injury is defined in the Petroleum Safety (Petroleum
Incident) Regulations 2014.
This class of incident includes events or occurrences in, at, or
in the precincts of petroleum infrastructure which might have
resulted in death, whether immediate or delayed (within one
year), or a confirmed missing person.
Petroleum gas releases must be categorised as either:
Major (≥300 kg);
Significant (≥1 kg and <300 kg); or
Minor (>0.1 kg and <1 kg).
All incidents that could have resulted in a fatality or a serious
injury are notifiable. The CER expects that a petroleum gas
release at a rate in excess of 3 kg/hour is likely to be notifiable
on the basis that it would usually be capable of giving rise to a
serious injury.
14
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F3
An uncontrolled release of
petroleum liquid that could have
resulted in a fatality or a serious
injury
Serious injury is defined in the Petroleum Safety (Petroleum
Incident) Regulations 2014.
This class of incident includes events or occurrences in, at, or
in the precincts of petroleum infrastructure which might have
resulted in death, whether immediate or delayed (within one
year), or a confirmed missing person.
Petroleum liquid releases must be categorised as either:
Major (≥300 litres);
Significant (≥60 litres and <300 litres); or
Minor (≥5 litres and <60 litres).
All incidents that could have resulted in a fatality or a serious
injury are notifiable. The CER expects that a petroleum liquid
release at a rate in excess of 100 litres/hour is likely to be
notifiable on the basis that it would usually be capable of giving
rise to a serious injury.
15
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F4
An uncontrolled release of a
non-petroleum hazardous
substance that could have
resulted in a fatality or a serious
injury
Hazardous substance is defined in the Petroleum Safety
(Petroleum Incident) Regulations 2014 and includes mixtures.
Serious injury is defined in the Petroleum Safety (Petroleum
Incident) Regulations 2014.
This class of incident includes events or occurrences in, at, or
in the precincts of petroleum infrastructure which might have
resulted in death, whether immediate or delayed (within one
year), or a confirmed missing person.
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F5 Loss of mooring, stability or
buoyancy of a vessel
Any loss of mooring, stability or buoyancy of a vessel is
notifiable.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F6
A collision by a vessel, vehicle,
crane, helicopter or aircraft with
any petroleum infrastructure
Any such collision must be notified, even if no damage is
sustained.
16
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F7
Instance of a stand-by vessel
not being in a position to provide
rescue to persons on offshore
petroleum infrastructure
Any instance of a stand-by vessel being unavailable is
notifiable, irrespective of whether the absence was justifiable /
required for safety or other reasons.
Note that notification is not required where a stand-by vessel
moves out of position after it has been substituted by a
replacement vessel.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F8 A person falling into the sea
Any instance where a person falls into the sea must be
notified.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F9
Mustering on onshore or
offshore petroleum
infrastructure, other than for
planned drills
Any event or occurrence that results in mustering onshore or
offshore must be notified, even when that mustering is only
precautionary. Notification is not required for planned drills.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F10
Evacuation of onshore or
offshore petroleum
infrastructure, other than for
planned drills
Any event or occurrence that results in evacuation onshore or
offshore must be notified, even when that evacuation is only
precautionary. Notification is not required for planned drills.
17
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F11
Activation of a blow-out
prevention or diversion system,
or activation of any other
emergency shutdown device, in
each case to provide well
control
Any event or occurrence that requires immediate emergency
action taken in response to a suspected influx must be notified.
For example:
Activation of a pressure control system; or
Activation of a disconnect system.
This includes ‘underground blowouts’, where the well fluids
flow to subsurface rock formations rather than to the surface.
Reports are not required where flow is due solely to variations
in the density of fluid across pipe installed in the well bore, an
effect commonly known as ‘u-tubing’; nor where it is known that
mud previously lost to the formation is subsequently returned,
an effect commonly known as ‘ballooning’ or ‘breathing’.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F12
A positive flow indication from a
well as a result of unplanned
fluid influx
Any positive flow indication that is confirmed (e.g. by closing in
the well using the blow-out prevention system or a variance in
tripping volumes), must be notified.
Reports are not required where flow is due solely to variations
in the density of fluid across pipe installed in the well bore, an
effect commonly known as ‘u-tubing’; nor where it is known that
mud previously lost to the formation is subsequently returned,
an effect commonly known as ‘ballooning’ or ‘breathing’.
18
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F13
The detection of hydrogen
sulfide in the course of
operations at a well or in
samples of well-fluids from a
well where the presence of
hydrogen sulfide in the reservoir
being drawn on by the well was
not anticipated
Any presence of hydrogen sulfide in mud returns, mud
samples, bottom hole samples or surface mud gas monitoring
systems, etc. constitutes detection and must be notified if it
was not anticipated.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F14
Failure to maintain a planned
minimum separation distance
between two or more wells
Where drilling of a well in close proximity to another is
anticipated, a well collision avoidance plan would be drawn up
which would define trajectory limits for the new well (defined to
avoid collision by consideration of uncertainties associated with
well surveying). Where the pre-defined limits are exceeded this
must be reported immediately along with a proposed
remediation plan.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F15
The collapse, overturning, or
failure of any load-bearing part
of any lift, hoist, crane, or derrick
Any instance of the collapse, overturning, or failure of any load-
bearing part of any lift, hoist, crane, or derrick is notifiable.
19
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F16
Failure of any equipment
associated with a well being
worked on whose purpose is to
prevent or limit the effect of the
unintentional release of fluids
from the associated well or
reservoir, or whose failure would
cause or contribute to such a
release
Any failure that is identified during maintenance testing must
be notified. For example failure of a blow-out prevention
system to operate as intended during a routine function test.
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F17
Any incident that leads to third
party property damage outside
the boundary fence of the
relevant onshore petroleum
infrastructure or within 500
metres of the relevant offshore
petroleum infrastructure
An example of an onshore occurrence would be any sudden
release of pressure that causes a pressure wave on an
onshore installation and breaks the window of a near-by
dwelling must be notified.
20
Petroleum Incident Guidance
Class Subclass
F
An event or occurrence
prescribed by the Petroleum
Safety (Petroleum Incident)
Regulations 2014
F18
The dropping of an object that
could have resulted in an
outcome specified in paragraphs
(a) to (e) of the definition of
petroleum incident contained in
section 13A(1) of the Act of
1999 or could have resulted in
an occurrence specified in
paragraphs (i) to (xvii) of the
definition of prescribed
occurrence under the
Regulations.
If there was a realistic possibility that, for example, injury, or
loss of petroleum containment could have occurred from the
dropped object, this must be notified.
Table 1: Guidance on what constitutes a petroleum incident