Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013

Reprint as at 16 December 2013

Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013

(SR 2013/208)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to section 21 of the Health and Safety in Employment Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister given in accordance with section 21(2) and (3) of that Act, makes the following regulations.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Interpretation

4 Meaning of employer and employee

5 Meaning of operator

6 Meaning of independent

Relationship between Act and regulations

7 Relationship between Act and regulations

Compliance by previous duty holder or well operator

8 Compliance by previous duty holder of installation or well operator counted as compliance by successor

Part 2
General duties

9 Application

10 Duty holder must ensure safety of installation

11 Duty holder must appoint installation manager

12 Petroleum workers must comply with instructions

13 Duty holder must take steps to manage hazardous liquids, vapours, or gases

14 Duty holder must take steps to ensure safe disposal of waste petroleum

15 Duty holder must take precautions with sources of ignition

Part 3
Lower-tier production installations

16 Application

17 Operator must establish major accident prevention policy

18 Operator must review major accident prevention policy

19 Operator must keep records

Transitional provision

20 Transitional provision relating to existing lower-tier production installations

Part 4
Notice and safety case requirements

21 Application

Notice requirements

22 Operator must give design notice

23 Operator must give relocation notice

24 Duty holder must give notice of combined operation

Requirement for a safety case

25 Installation must not be operated without accepted safety case

26 Requirements for safety case

27 Duty holder must consult petroleum workers

28 Operator must prepare safety case where production exceeds threshold quantities for lower-tier production installation

Consideration of and decisions on safety cases

29 WorkSafe may request further information

30 WorkSafe must notify duty holder of decision

31 Criteria for acceptance of safety case

32 WorkSafe may impose limits or conditions on safety case

33 WorkSafe may reject safety case

Revision of safety cases

34 Safety case must be revised in certain situations

35 WorkSafe may request revised safety case

36 Duty holder must give revised safety case within 5 years

37 Decision on revised safety case

Withdrawal of acceptance of safety case

38 WorkSafe may withdraw acceptance of safety case

Compliance with safety case requirements

39 Duty holder must ensure compliance with safety case requirements

40 WorkSafe may consent to conduct of activity otherwise than in accordance with safety case

Duty holder to retain records

41 Duty holder must retain records of safety case

Transitional provisions relating to safety cases

42 Transitional provision for existing offshore installations

43 Transitional provision for other existing installations

Part 5
Certificates of fitness and verification schemes for offshore installations

44 Application

Certificates of fitness

45 Duty holder must ensure installation has compliant certificate of fitness

46 Installation no longer complies with certificate of fitness

47 Recognition of inspection bodies

48 Conditions of recognition

49 Withdrawal of recognition

50 WorkSafe must publish recognition or withdrawal of recognition in Gazette

51 Transitional provision relating to recognition of inspection bodies

52 Inspection body must carry out inspections and issue certificates of fitness

53 Transitional provision relating to certificates of fitness

Verification schemes

54 Meaning of verification scheme

55 Steps duty holder must take to develop verification scheme

56 Recognition of verification schemes

57 Implementation of verification scheme

58 WorkSafe may withdraw recognition

59 Duty holder must keep verification scheme under review

60 Duty holder must ensure continuing effect given to verification scheme

61 Duty holder must retain record of verification scheme

62 Transitional provision relating to verification schemes

Part 6
Well operations

63 Application

General duties

64 Well operator's primary duty

65 Duty holder must ensure persons have adequate knowledge, skills, support, etc

Assessment of conditions below ground

66 Well operator must assess conditions below ground before well is designed

67 Well operator must continue to assess conditions below ground

Duties in relation to design and construction

68 Well operator must ensure well designed to allow safe suspension or abandonment

69 Well operator must ensure use of appropriate materials

Well control equipment

70 Well operator to ensure use of suitable well control equipment

Well examination schemes

71 Well operator must prepare and implement well examination scheme

72 Well operator must retain records of well examination scheme

Notice of well operations

73 Well operator must notify WorkSafe before well-drilling operations

74 Well operator must notify WorkSafe of certain workover and well intervention operations

75 WorkSafe may grant exemptions from notice requirement

76 Well operator must make and retain daily well operation reports

Part 7
Dangerous occurrences and emergencies

Notice of dangerous occurrences

77 Application

78 Duty holder must notify dangerous occurrences

Emergency response plan

79 Duty holder must prepare emergency response plan

80 Duty holder must regularly review emergency response plan

Protection of accommodation

81 Duty holder must ensure safe accommodation

Arrangements for managing emergencies, evacuation, and escape

82 Duty holder must ensure temporary refuge provided

83 Duty holder must establish escape routes and provide offshore life-saving equipment

Management of particular hazards

84 Management of particular hazards in all installations

Part 8
Miscellaneous provisions

Fees

85 Fees

Offences

86 Offences

Revocation

87 Regulations revoked

Schedule 1
Matters to be addressed by safety management systems for installation

Schedule 2
Information required in notice for design or relocation of production installation

Schedule 3
Information required in notice of combined operations

Schedule 4
Information required in safety case for installation

Schedule 5
Form of certificate of fitness

Schedule 6
Information required for verification scheme

Schedule 7
Information required in notice of well operations

Schedule 8
Information required in notice of dangerous occurrence

Schedule 9
Fees

Gazette information

Reprint notes