Submission 5

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November 27, 2020
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2016 The HSR Handbook А guide for health and safety representatives in Аustralia’s offshore petroleum industry Attachment C Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 Message from the CEO Congratulations on your successful nomination as a health and safety representative (HSR). Your commitment to the role of HSR is an important step in making meaningful improvements to the health and safety of your fellow workers. A good understanding of the HSR role and powers you have been given is essential to help you carry out your responsibilities with confdence and effectiveness. You will be representing your fellow workers, understanding their health and safety concerns, and assisting them to participate in the decisions that affect them. Since its frst publication, the HSR Handbook has proved to be a useful tool in assisting HSRs to understand their role as it relates to the legislation. This latest edition of the Handbook has been revised and updated to provide you with concise and easy-to-read guidance that is of value to both new and experienced HSRs. If you have any suggestions for future editions of the handbook, or any queries about this publication, please email communications@nopsema.gov. au. We would appreciate your thoughts and contribution. I wish you well as you undertake your HSR role and help spread the message throughout the industry that there can be no compromise for health and safety. Stuart Smith Chief Executive Offcer NOPSEMA Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 1
Table of contents 1. Introduction 3 2. The Offshore Petroleum and Greenhouse Gas Storage Act 2006, Schedule 3 and Regulations 4 3. Responsibilities under the legislation 6 4. Health and safety policy and agreement 11 5. Resources for health and safety representatives 12 6. Powers of health and safety representatives 12 7. Resolving health and safety issues 19 8. Hazard identifcation, assessment and control 20 9. Imminent and serious danger to health and safety 27 10. Designated work groups 29 11. Selection and training of health and safety representatives 30 12. Powers of NOPSEMA and NOPSEMA inspectors 31 Appendix A – Where to obtain more information 35 Appendix B – Blank provisional OHS improvement notice for Commonwealth waters 36 Your OHS contacts 37 Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 2 A guide for health and safety representatives in Australia’s offshore petroleum industry Figure 1: Parties involved in OHS offshore OPERATOR HSRs SAFE AND HEALTHY WORKPLACE EMPLOYERS WORKFORCE Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 3 1. Introduction Now that you are a health and safety representative (HSR), you may be wondering what you can do to help ensure a healthy and safe workplace. It must be emphasised that an HSR is not responsible for the health and safety of their workplace. Nor are they expected to be an expert on occupational health and safety (OHS) issues. The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) does, however, provide HSRs with extensive powers to allow them to contribute effectively in creating a safe and healthy workplace. These powers under the law are explained a little later in Section 6: Powers of health and safety representatives. It may also be useful to meet or correspond occasionally with other HSRs to share experiences. This can assist in the development of negotiation skills and enhance communication with supervisors and managers. It also provides an opportunity to fnd out about solutions to health and safety problems that other organisations may have in place. Through discussions with other HSRs, you may fnd there are some common OHS issues, and a group approach to problems may prove most effective. Your facility operator, employer or union may be able to help you contact HSRs on other facilities. Purpose of this handbook NOPSEMA developed this handbook for HSRs as: • a guide on how to exercise the powers given to you by the legislation • a resource for you to refer to when you are selected or when you attend your accredited HSR training course.
What this handbook contains This handbook describes: • your role, functions and powers as a HSR • consultation arrangements under the legislation • your responsibilities and the responsibilities of others involved in health and safety • the processes of hazard identifcation, assessment and control • procedures for resolving health and safety issues • where to fnd more information. It includes: • references to key sections of the legislation • the format for a provisional OHS improvement notice (PIN) and an example of a completed PIN • flowcharts to provide assistance in resolving health and safety issues • a space for you to write down your own OHS contacts at the back of this handbook. If you wish to make comments or suggestions about this handbook, please email: communications@nopsema.gov.au Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 4 A guide for health and safety representatives in Australia’s offshore petroleum industry 2. The OPGGS Act The primary legislation covering activities at Australia’s offshore petroleum facilities is the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act). The OPGGS Act applies to facilities located in Commonwealth waters, which commence three nautical miles from the baseline of each state and the Northern Territory. The Commonwealth Department of Industry, Innovation and Science (DIIS) is responsible for the content of the OPGGS Act. NOPSEMA is the independent statutory authority that administers and enforces the OHS aspects of this legislation. Schedule 3 of the OPGGS Act is the primary piece of OHS law, and is supported by a consolidated set of Regulations. In most states and in the Northern Territory, there is corresponding legislation for offshore petroleum facilities located in individual state and territory waters within the three nautical mile limit. NOPSEMA also administers and enforces the OHS aspects of these acts, where a state or territory has conferred such powers on NOPSEMA within their legislation. The legislation for each state and the Northern Territory largely mirrors the OPGGS Act, but may use different words. Clauses and subclauses may also be numbered differently. The OHS Schedule frst came into effect in 1993 for facilities located in Commonwealth waters off Western Australia. More recently, the Commonwealth Schedule and the corresponding schedules in the individual state or Northern Territory legislation have been applied to petroleum facilities in all the waters off Australia, replacing the state and territory onshore OHS legislation (see below). The OHS legislation requires facility operators and other persons in management and control, including relevant employers, to establish workplace processes and a working environment where risks to health and safety are reduced to as low as reasonably practicable (ALARP). Objectives of the offshore petroleum OHS legislation The objectives of the OHS legislation relating to offshore petroleum facilities are given in Clause 1 of Schedule 3 of the OPGGS Act:
Who does the offshore petroleum OHS legislation cover? The OHS legislation applies to: • operators of offshore petroleum facilities • persons in control of particular parts of facilities or particular work • all members of the workforce at those facilities • employers of the members of the workforce • manufacturers, suppliers, installers and erectors of a plant • contractors providing goods and services to those facilities • titleholders in relation to wells. Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 5 Where the legislation fts with state and Northern Territory law The laws of a state or territory apply in their own right throughout the three nautical mile offshore zone. The OPGGS Act applies the same laws for all offshore petroleum facilities in Commonwealth waters beyond the three mile limit. However, this is with the exception of the state or territory laws related to occupational health and safety, dangerous goods, explosives, electricity safety and gas safety, as listed in regulations under the OPGGS Act. The OPGGS Act, Schedule 3 and related safety regulations replace these state and territory onshore laws in Commonwealth waters. Similar replacement occurs in the corresponding state and Northern Territory legislation, and applies in state and Northern Territory waters respectively. OHS Schedule 3 Schedule 3 of the OPGGS Act contains a number of parts: • Part 1 sets out the objectives of the legislation and provides a number of defnitions. • Part 2 imposes the specifc duties of care on operators of facilities; those in management and control of parts of facilities or particular work; employers and other parties. • Part 3 sets out a range of ‘workplace arrangements’. These include processes for: establishing designated work groups (DWGs); processes for the selection or election of HSRs; the powers of HSRs, and the roles and functions of OHS committees. • Part 4 concerns inspections of facilities and related places by NOPSEMA inspectors, it sets out the powers of inspectors and imposes a duty on operators and others to give the inspectors reasonable assistance. • Part 5 sets out a range of administrative matters, in particular, the duty of operators to report accidents and dangerous occurrences.
Regulations Additional law is introduced through regulations as new provisions become necessary and add extra operations to the primary legislation. Schedule 3 of the OPGGS Act and these associated regulations form the whole of the ‘OHS legislation’. These regulations are contained in the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 and address the following: • prohibitions on drugs, intoxicants and specifed hazardous substances • exposure limits for hazardous substances and noise, as set out in national OHS standards • requirements for the safe management of fatigue and working hours • detailed processes for the election of HSRs (for use in cases where the involved parties cannot otherwise agree on a process) • forms of offcial notices, including provisional OHS improvement notices for use by HSRs • the registration of an operator for each facility • a requirement for there to be a safety case for each facility that has been accepted by NOPSEMA, and the necessary contents of these safety cases • a requirement for operations at each facility to comply with the facility safety cases • detailed requirements for the notifcation and reporting of accidents and dangerous occurrences • the requirement for any company that conducts diving at petroleum sites to have a diving safety management system that has been accepted by NOPSEMA and a diving project plan accepted by the relevant facility operator. OHS matters covering well operations which are contained in Part IV of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, deal with well operations also form part of the OHS legislation. Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 6 A guide for health and safety representatives in Australia’s offshore petroleum industry Codes of practice and guidelines From time to time, NOPSEMA issues guidelines for aspects of the legislation. These guidelines are published on the NOPSEMA website at nopsema.gov.au. The OPGGS Act also allows NOPSEMA to prepare and issue ‘codes of practice’ as practical guides to people having a duty of care under the legislation. At the time of publication of this handbook, no codes of practice had been issued by NOPSEMA or prescribed under the Regulations. The NOPSEMA website will contain the most current information on any guidelines or codes of practice that may be of relevance. Keeping up to date NOPSEMA advises HSRs to check with their employer to fnd out what other systems may be available in the workplace to keep HSRs updated on the most recent OHS legislation, codes of practice and guidelines. 3. Responsibilities under the legislation The primary responsibility for a safe and healthy offshore workplace at a facility lies with the operator of the facility – although the operator is assisted in this by other parties, including: • persons in control of parts of a facility or particular work • employers of persons in the offshore workforce • plant or substance manufacturers • plant or substance suppliers • persons erecting facilities or installing a plant • members of the offshore workforce, including contractors. The roles and duties of these parties are discussed below, as are the functions of NOPSEMA and the NOPSEMA Advisory Board. Operators Under Clause 9 of Schedule 3 to the OPGGS Act, the registered operator of an offshore petroleum facility must take all reasonably practicable steps to ensure that the facility is safe and without risk to the health of any person at or near the facility, and that all work and other activities at the facility are carried out in a manner that is safe and without risk to the health of any person at or near the facility. In particular, so far as reasonably practicable, the operator must: • provide and maintain a physical environment at the facility that is safe and without risk to health • provide and maintain adequate facilities for the welfare of all members of the workforce at the facility • ensure that any plant, equipment, materials and substances at the facility are safe and without risk to health • implement and maintain systems of work at the facility that are safe and without risk to health. • implement and maintain appropriate procedures and equipment for the control of, and response to, emergencies at the facility • provide all members of the workforce with the information, instruction, training(1) and supervision necessary for them to carry out their activities in a manner that does not adversely affect the health and safety of persons at the facility • monitor the health and safety of all members of the workforce and keep records of that monitoring • provide appropriate medical and frst aid services at the facility • in consultation with members of the workforce and any workforce representatives, develop a policy relating to occupational health and safety. Schedule 3 also requires the operator to report particular accidents and dangerous occurrences to NOPSEMA. Although the operator of the facility has this overall duty, other parties have duties too. Other duties under the OPGGS Act Schedule 3 are described below. Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 7 Persons in control Any person(2) that has management or control of a particular part of a facility or particular work must take all reasonably practicable steps to ensure the part of the facility, or the particular work, is safe and without risk to health (Clause 10 of Schedule 3). So far as reasonably practicable, this includes duties to: • ensure that the physical environment at that part of the facility or at the place where the work is carried out is safe and without risk to health • ensure that any plant, equipment, materials and substances used at that part of the facility or in that work are safe and without risk to health • implement and maintain systems of work at that part of the facility or in that work that are safe and without risk to health • ensure means of entry to, and exit from, that part of the facility or the workplace that is safe and without risk to health • provide relevant members of the workforce with the necessary information, instruction, training and supervision. Employers All employers of persons offshore have a duty to protect the health and safety of their employees (Clause 11 of Schedule 3). So far as reasonably practicable, this includes duties to: • provide and maintain a working environment that is safe for employees and without risk to their health • ensure that any plant, equipment, materials and substances used in connection with the employees’ work are safe and without risk to health • implement and maintain systems of work that are safe and without risk to health • provide means of entry to, and exit from, the employees’ work location that is safe and without risk to health • provide employees with the information, instruction, training and supervision necessary for them to carry out their work in a manner that is safe and without risk to health. This duty is not only limited to direct employees, but also extends to any contractors working for the employer. Titleholders In relation to a well located within a title area, the titleholder must ensure that the well is designed, maintained and operated so that risks to the health and safety of persons at or near a facility from that well are as low as reasonably practicable (Clause 13A). Manufacturers, suppliers and installers Manufacturers and suppliers of any plant or substance are responsible for providing services that are safe and that do not contribute to any risk to the health and safety of persons offshore. They must also give the operator, or other person to whom the plant or substance is supplied, adequate information about that plant or substance (Clauses 12, 13). Erectors and installers of facilities and plants must ensure that these are erected and installed in a manner that is safe (Clause 14). (1) Information, instruction and training must be provided in a manner that enables it to be understood (including in foreign languages, if necessary). (2) In law, the word ‘person’ can mean either an individual or a ‘body corporate’ (such as a company). Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 8 A guide for health and safety representatives in Australia’s offshore petroleum industry Members of the workforce Members of the offshore workforce(3) have a duty to: • ensure they do not interfere with any health and safety equipment • avoid placing themselves and others at risk • observe health and safety provisions and follow safety instructions when using any equipment or substances • cooperate with the operator and their employer to the extent necessary to enable the operator and employer to fulfl their duties. (3) Schedule 3 makes clear that the term ‘workforce’ includes contractors as well as employees. Work health and safety of workers in the offshore petroleum industry Submission 5 – Attachment 1 9 NOPSEMA In respect of OHS, NOPSEMA’s functions are defned by Section 646 of the OPGGS Act. NOPSEMA has general functions to: • pro
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