3

Jurisdiction over and Regulation of Worker Health and Safety

The Outer Continental Shelf Lands Act of 1953 (OCSLA) granted primary authority for worker health and safety on the outer continental shelf (OCS) to the United States Coast Guard (USCG). The Occupational Safety and Health Administration (OSHA) was created in 1970 as the lead agency for all worker health and safety regulation, but offshore oil and gas (nonrenewable minerals) production is a special case, for which the enforcement of health and safety regulations remained with USCG as the lead authority. The 1978 amendments to OCSLA expanded USCG’s ability to make and enforce health and safety regulations on the OCS. In 2002, USCG involved the U.S. Department of the Interior’s (DOI’s) Minerals Management Service (MMS) by authorizing it to conduct safety inspections aboard oil and gas platforms on USCG’s behalf.

The introduction of renewable energy regulation (nonminerals) brings about new circumstances and complexities in offshore worker safety. The Energy Policy Act of 2005 amended OCSLA and gave DOI responsibility for regulating renewable energy on the OCS. USCG has determined itself to be a cooperating agency for navigation safety and a subject matter expert for marine safety. This chapter provides a brief overview of the federal agencies that regulate worker health and safety and that have jurisdiction over the OCS. It discusses how these agencies interact and their approaches to regulation. It briefly touches on worker health and safety regulations at the state level and introduces worker health and safety standards and guidance from various relevant sources, both domestic and international.



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3 Jurisdiction over and Regulation of Worker Health and Safety The Outer Continental Shelf Lands Act of 1953 (OCSLA) granted primary authority for worker health and safety on the outer conti- nental shelf (OCS) to the United States Coast Guard (USCG). The Occupational Safety and Health Administration (OSHA) was created in 1970 as the lead agency for all worker health and safety regula- tion, but offshore oil and gas (nonrenewable minerals) production is a special case, for which the enforcement of health and safety regula- tions remained with USCG as the lead authority. The 1978 amend- ments to OCSLA expanded USCG’s ability to make and enforce health and safety regulations on the OCS. In 2002, USCG involved the U.S. Department of the Interior’s (DOI’s) Minerals Management Service (MMS) by authorizing it to conduct safety inspections aboard oil and gas platforms on USCG’s behalf. The introduction of renewable energy regulation (nonminerals) brings about new circumstances and complexities in offshore worker safety. The Energy Policy Act of 2005 amended OCSLA and gave DOI responsibility for regulating renewable energy on the OCS. USCG has determined itself to be a cooperating agency for navigation safety and a subject matter expert for marine safety. This chapter provides a brief overview of the federal agencies that regulate worker health and safety and that have jurisdiction over the OCS. It discusses how these agencies interact and their approaches to regulation. It briefly touches on worker health and safety regulations at the state level and introduces worker health and safety standards and guidance from various relevant sources, both domestic and international. 44

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Jurisdiction over and Regulation of Worker Health and Safety 45 Relevant FedeRal agencies Minerals Management service DOI created MMS in 1982 to oversee offshore energy production and collection of mineral revenues. The focus of MMS was on oil and gas production. Section 388 of the Energy Policy Act of 2005 amended Sec- tion 8 of OCSLA and granted MMS the authority to regulate renewable energy operations on the OCS (Federal Register 2011b, 64731). Under this authority, MMS regulated the generation of electricity for forms of energy from sources other than oil and natural gas on OCS facilities. The agency was allowed to issue regulations essential for carrying out its new responsibilities, including those with regard to safety and protection of the environment for any activities completed under its authority (Federal Register 2011b, 64731). On May 19, 2010, after the April 2010 Deepwater Horizon accident, Secretary Kenneth Salazar issued Secretarial Order No. 3299 (DOI 2010b), which established three new bureaus within DOI: the Bureau of Ocean Energy Management (BOEM), the Bureau of Safety and Environ- mental Enforcement (BSEE),1 and the Office of Natural Resources Rev- enue (ONRR).2 The new bureaus were to be in place by October 2011. On June 18, 2010, Secretary Salazar issued Order No. 3302 (DOI 2010c), which changed the name of MMS to the Bureau of Ocean Energy Manage- ment, Regulation, and Enforcement (BOEMRE). That name would remain in effect until the new bureaus were in place. DOI transferred BOEMRE’s royalty and revenue management functions to ONRR on October 1, 2010. This action separated revenue collection from leasing and enforcement and eliminated a conflict of interest that could have arisen if all the functions were carried out within the same office. On October 1, 2011, DOI com- pleted the reorganization by separating BOEMRE into the two remaining independent bureaus—BOEM and BSEE—and assigned the existing rules to each. The goals of the reorganization included (a) strengthening the role of BOEM and BSEE in environmental review and analysis and 1 BOEM and BSEE are both part of the Office of Land and Minerals Management. See http://www. doi.gov/whoweare/orgchart.cfm. 2 ONRR is under DOI’s Assistant Secretary and is part of the Office of Policy, Management, and Budget.

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46 Worker Health and Safety on Offshore Wind Farms Resource Area Oil and Gas and Oil and Gas and Renewable Responsibility Renewable Energy Oil and Gas Renewable Energy Energy (after 2005) Promote resource development Economic analysis BOEM Leasing Environmental assessment BOEMRE BOEM MMS Safety and environmental BSEE enforcement ONRR after Revenue collection ONRR ONRR October 1, 2010 May 2010 to 1982 to May 2010 Since October 1, 2011 October 1, 2011 FIGURE 3-1 DOI’s reorganization of MMS (1982 to present), by responsibility and resource area. (Source: Generated by the committee.) (b) separating the functions of resource development and energy manage- ment from the functions of safety and environmental enforcement that had previously coexisted under the old MMS and BOEMRE (Federal Reg- ister 2011b, 64731).3 The new independent bureaus (see Figure 3-1) were focused on managing and enforcing regulations for oil and gas produc- tion. The Energy Policy Act of 2005 placed responsibility for offshore renewable energy with an agency that was accustomed to regulating offshore oil and gas exploration. The next sections briefly introduce the organizational structure and roles of BOEM and BSEE and discuss cur- rent regulations for worker health and safety. Bureau of Ocean energy Management BOEM is responsible for managing the development of the nation’s offshore resources, including nonrenewable and renewable energy. For nonrenewable energy resources, BOEM’s mission involves evaluation, 3 For more information about the BOEMRE reorganization, see BOEMRE 2011. Although MMS no longer exists as an agency, its name is still referred to in some documents.

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Jurisdiction over and Regulation of Worker Health and Safety 47 planning, and leasing; economic analysis; and environmental science and analysis. Its mission also involves all aspects of the Renewable Energy Program (BOEM 2011).4 BOEM has three national offices and three regional offices. As part of its role in meeting the mandates of the Energy Policy Act of 2005, BOEM is developing renewable energy regulations that address safety, protect the environment, and coordinate its actions with state and local governments and with other federal agencies. In his presentation to the committee, the Acting Deputy Director of BSEE said that BOEM intended to develop a “regulatory framework for renewable energy activities” that provides “a comprehensive approach to offshore renewable energy initiatives—from preliminary study and lease issu- ance, to construction and operation, to decommissioning of projects.” The Acting Deputy Director added that BOEM would need to rely on BSEE’s engineering expertise for permit reviews and the inspection pro- cesses for renewable energy, since BOEM’s main focus is on developing and managing offshore resources and not on safety and environmental enforcement.5 BOEM Office of Strategic Resources The Office of Strategic Resources assesses potential oil, gas, and other mineral resources on the OCS; inventories oil and gas reserves; develops production projections; and conducts economic evaluations that ensure a fair market return for OCS leases. BOEM Office of Environmental Programs The Office of Environmental Programs conducts environmental assess- ments and reviews (including the National Environmental Policy Act pro- cess) for nonrenewable and renewable energy activities during each stage of the offshore energy development planning process. These assessments 4 According to the final rule, BOEM will manage the Renewable Energy Program in the near future, but that program will be reorganized and functions will be redistributed between BSEE and BOEM once it is larger and more established (Federal Register 2011b, 64459). See http://www. federalregister.gov/a/2011-22675/p-64, accessed March 1, 2013. 5 Robert LaBelle, BSEE, presentation to the committee, November 30, 2011. Mr. LaBelle currently serves as BOEM’s Science Advisor. At the time of his presentation, he served as Acting Deputy Director of BSEE.

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48 Worker Health and Safety on Offshore Wind Farms inform BOEM’s decisions on environmentally responsible ocean energy and mineral development. BOEM Office of Renewable Energy Programs The Office of Renewable Energy Programs is responsible for the grant- ing of leases, easements, and rights-of-way needed for the installation, operations, and decommissioning of all renewable energy activities on the OCS in an “orderly, safe, and environmentally responsible” way. This includes the “Smart from the Start” initiative for facilitating the siting, leasing, and construction of new offshore wind projects off the Atlantic coast (DOI 2010a). BOEM Regional Offices BOEM’s three regional offices—Gulf of Mexico, Pacific, and Alaska— are integrated into the national programs and help conduct oil and gas resource evaluations, environmental studies and assessments, leasing activities, review of exploration and development plans, fair market value determinations, and geological and geophysical permitting. current BOeM Regulations for Worker Health and safety As mentioned above, BOEM manages the leasing and environmental reviews of offshore nonrenewable energy–related resources and regu- lates offshore wind energy production (Federal Register 2011b, 64731). Although BOEM does not enforce health and safety or environmental regulations for nonrenewable energy, its mission includes the enforce- ment of such regulations for offshore wind energy activities on the OCS6 and for activities involving the alternative use of OCS facilities (Federal Register 2011b, 64459). The brief review of BOEM’s organizational struc- ture and responsibilities above indicates the uniqueness of its safety com- pliance role for renewable energy. In accordance with 30 CFR 585.810 6 During the drafting of this report, the sponsor indicated that “there is an expectation that BSEE will conduct safety compliance inspections of offshore renewable energy facilities and this is entirely consistent with the purpose for reorganizing MMS and BOEMRE—to separate the resource management agency (BOEM) from the safety compliance agency (BSEE).” Personal e-mail communication with John Cushing, BSEE, August 21, 2012.

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Jurisdiction over and Regulation of Worker Health and Safety 49 (see Box 1-1), BOEM’s Office of Renewable Energy Programs requires the lessee to submit a description of a safety management system (SMS) that meets such goals as ensuring “the safety of personnel or anyone on or near your facilities” and ensuring that workers “who operate . . . facilities are properly trained” (Federal Register 2011b, 64774). Chapter 5 further discusses BOEM’s SMS and provides suggestions for strengthening and clarifying it. The regulations in §5857 allow BOEM to conduct scheduled and unscheduled inspections of a lessee’s facilities and vessels used in opera- tions to verify that all project activities are conducted in compliance with the terms of the lease. The lessee must provide access to all facilities and areas listed on the lease and provide all records of design, installation, operations and maintenance, repairs, or investigations on or related to the project area. The lessee must demonstrate compliance with its own SMS (Federal Register 2011b, 64774–64775). Each lessee will also develop and conduct an annual self-inspection plan for all facilities and make the plan available on request. The plan must include such details as type, extent, and frequency of inspections conducted for relevant struc- tures and components and an assessment of structural integrity.8 The lessee must submit an annual report listing all facilities inspected over the previous 12 months, the type of inspection used, and a summary of actions taken. BOEM requires that lessees submit incident reports (as defined in §585.831) promptly for events involving fatalities, evacuation of per- sonnel, fires and explosions, certain vessel collisions, and certain types of property or equipment damage, as well as for any injury that requires personnel to miss the following day of work and for any evacuation that is not related to the weather (Federal Register 2011b, 64775). The 7 The current study does not discuss the possible need for health and safety protection for projects under research leases on the OCS, although similar SMS requirements may apply. Information can be found in 30 CFR 585.238: Are there any other renewable energy research activities that will be allowed on the OCS? Under this provision, BOEM can issue leases, right-of-way grants, and right-of-use and easement grants to a federal agency or a state on the OCS for renewable energy research activities. 8 See Federal Register 2011b, 64775; the American Petroleum Institute’s API RP 2A-WSD is incor- porated by reference.

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50 Worker Health and Safety on Offshore Wind Farms regulations also provide detailed instructions on reporting an incident (both verbal and written notifications are required) and on what a report should include (see §585.832 and §585.833). Bureau of safety and environmental enforcement BSEE,9 which is divided into three main offices and three regional offices, enforces safety and environmental regulations for operations with regard to the exploration, development, and production of oil and gas on the OCS. Under the current structure, BSEE’s authority does not extend to wind energy power. Major BSEE tasks include permitting and inspecting oil and gas facilities, developing regulations and standards, supporting research on health and safety, reviewing operator oil spill response plans, and operating a newly formed national training center for inspectors. Office of Offshore Regulatory Programs BSEE’s Office of Offshore Regulatory Programs (OORP) develops stan- dards and regulations for enhancing operational safety and environ- mental protection for the exploration and development of offshore oil and natural gas on the U.S. OCS and includes four branches. OORP also operates BSEE’s National Offshore Training and Learning Center (NOTLC). NOTLC’s mission is to enhance the capabilities of BSEE inspectors in enforcing safety and environmental regulations through evolving technical curricula and specialized training that adapts to meet emerging technologies and processes. Oil Spill Response Division The Oil Spill Response Division (OSRD) reviews industry oil spill response plans to ensure compliance with regulatory requirements. OSRD is also central in developing policy about, disseminating guidance on, and over- seeing oil spill response activities. The division over sees the Unannounced Oil Spill Drill program and works closely with other federal agencies, such as USCG and the Environmental Protection Agency. 9 See http://www.bsee.gov/About-BSEE/index.aspx or http://www.bsee.gov/BSEE-Newsroom/ BSEE-Fact-Sheets.aspx, accessed March 1, 2013.

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Jurisdiction over and Regulation of Worker Health and Safety 51 Environmental Enforcement Division The Environmental Enforcement Division oversees operators’ compliance with all applicable environmental regulations and ensures that operators adhere to the stipulations of their approved leases, plans, and permits. BSEE Regional Offices BSEE’s three regional offices—Gulf of Mexico, Pacific, and Alaska— support its mission by reviewing permit to drill applications and ensur- ing that safety requirements are met. Personnel from the regional offices also inspect drilling rigs and production facilities, cite noncompliance issues, fine companies for regulatory infractions, and investigate acci- dents and incidents. current Bsee Regulations for Worker Health and safety The rules contained in 30 CFR 250 (Oil and Gas and Sulphur Opera- tions in the Outer Continental Shelf) permit BSEE to regulate oil and gas operations on the OCS to prevent injury or loss of life. In an effort to clarify these rules, BSEE often provides industry with a notice to les- sees and operators (NTL).10 Subpart A of 30 CFR 250 presents general requirements for protecting health and safety, maintaining equipment and safe work areas, and using the best available and safest technology. Subpart A sets forth requirements for using and maintaining cranes, for submitting a welding plan that includes qualifications of personnel and procedures that must be followed, and for installing and operat- ing electrical equipment on all facilities. BSEE conducts scheduled and unscheduled inspections on facilities and vessels engaged in operations (including, by agreement, facilities under the jurisdiction of other agen- cies) to verify that all project activities are conducted in compliance with the terms of the lease and other applicable regulations and laws. Part of the inspection process allows BSEE to examine safety equipment and safe operations with a series of checklist items referred to as potential 10 NTLs are formal documents that clarify, describe, or interpret a regulation or OCS standard. NTLs provide the lessee with guidance on the implementation of a special lease stipulation or regional requirement or with an explanation of a regulation’s scope and meaning, as interpreted by BSEE.

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52 Worker Health and Safety on Offshore Wind Farms incidents of noncompliance (PINCs). PINC checklists11 are inspection items derived from relevant safety and environmental regulations and are used to issue citations in cases of violations.12 PINCs are more pre- scriptive and tend to focus on hardware-related issues and whether the hardware is maintained according to a particular standard. As noted by a previous Marine Board study, mechanical failures identified by PINCs are not the main cause of most injuries on offshore oil and gas facili- ties, which are more often attributed to improper safety procedures or human factors (NRC 1990; TRB 2012). BSEE also has a set of PINCs for renewable energy operations based on the regulations listed in 30 CFR 585.13 However, inspection processes that continue to rely on PINCs may not capture improvements in the operational procedures of opera- tors or issues caused by improper safety procedures. During inspections, the operator must provide access to all facilities and areas listed on the lease and provide all records of design, installation, operations and maintenance, repairs, or investigations on or related to the project area. Under §250.141, the operator may use alternative pro- cedures and equipment as long as a level of safety that equals or surpasses that provided by current requirements or regulations results. BSEE also requires that operators submit incident reports (as defined in §250.187) promptly for events involving fatalities, evacuation of personnel, fires and explosions, certain vessel collisions, and certain types of property or equipment damage. Incident reports are submitted in hard copy (or in digital form if the agency office is equipped to handle it) and should include any injury that requires personnel to miss the following day of work and any evacuation that is not related to the weather.14 Subparts D, E, and F list requirements for oil and gas well drilling, well completion, and well workover operations. Subpart H includes 11 Lists of all PINCs are found at http://www.bsee.gov/Inspection-and-Enforcement/Inspection- Programs/Potential-Incident-of-Noncompliance---PINC.aspx. 12 http://www.bsee.gov/Inspection-and-Enforcement/Inspection-Programs/Inspection-Programs. aspx. 13 A complete list of renewable energy PINCs is found at http://www.bsee.gov/Inspection-and- Enforcement/GLT-pdf.aspx. 14 See http://cfr.regstoday.com/30cfr250.aspx#30_CFR_250_Information_and_Reporting_ Requirements.

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Jurisdiction over and Regulation of Worker Health and Safety 53 requirements for designing, installing, and operating safety equipment for oil and gas production systems, and Subpart I includes require- ments for the design, construction, maintenance, inspection, and assessment of all platforms and related structures located on the OCS. Subpart O contains requirements for implementing a well control and production safety training program and provides details of items that are to be included. Among them are the type of training and the meth- ods used, the length of the training program and the frequency of the training, procedures for evaluating and auditing the program and for maintaining documents and records, and how BSEE will audit and assess a training program.15 Subpart S requires the lessee to develop, implement, and maintain a safety and environmental management system (SEMS) for oil and gas operations.16 SEMS is an SMS based on the American Petroleum Insti- tute’s (API’s) Recommended Practice (RP) 75 ensuring that the lessee “identifies, addresses, and manages safety, environmental hazards . . . during the design, construction, start-up, operation, inspection, and maintenance of all new and existing facilities.”17 SEMS requires the les- see to provide plans for 12 elements including hazards analysis, manage- ment of change, safe operating procedures, safe work practices, training, emergency response, incident reporting, auditing, and record keeping.18 On September 14, 2011, BSEE issued a notice of proposed rulemaking (referred to as SEMS II) that revised SEMS and added elements, which are proposed and have not been implemented (Federal Register 2011a, 56683). The introduction of SEMS requirements moved regulation of oil and gas operations toward a more goal-based system, away from the prescriptive approach of PINCs. Chapter 5 discusses the SEMS elements in more detail and evaluates whether the elements included could be used as a model for BOEM’s SMS. 15 See http://cfr.regstoday.com/30cfr250.aspx#30_CFR_SUBPART_O. 16 For more information on Subpart S, see http://cfr.regstoday.com/30cfr250.aspx#30_CFR_ SUBPART_S. 17 The goals of the SEMS are explained in §250.1901. See http://cfr.regstoday.com/30cfr250.aspx#30_ CFR_250p1901. 18 The complete list of elements is given in §250.1902. See http://cfr.regstoday.com/30cfr250. aspx#30_CFR_250p1902.

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54 Worker Health and Safety on Offshore Wind Farms United states coast guard USCG has played an important part in U.S. maritime history. It main- tains three broad roles—maritime safety, maritime security, and maritime stewardship—composed of 11 missions that are connected and that at times overlap (USCG 2009). All USCG offices and functions are located under the offices of Commandant and Vice Commandant. Among them are Deputy Commandant for Mission Support, Deputy Commandant for Operations, and nine districts distributed between the Atlantic Area and the Pacific Area.19 The Deputy Commandant for Mission Support manages the life cycle of all USCG assets, including ships, planes, build- ings, and information technology, from acquisition through decommis- sioning. The Deputy Commandant for Operations oversees operational planning, policy, and international engagement at the strategic level and maintains relations with interagency partners and other stakeholders in the development of policy.20 current Uscg Regulations for Worker Health and safety The safety of navigation and the safety of life and property on facili- ties (and vessels that service those facilities) engaged in exploring and exploiting mineral resources on the OCS are regulated by 33 CFR Sub- chapter N, Outer Continental Shelf Activities, Parts 140 to 147,21 but USCG only participates indirectly for activities related to renewable energy operations. Through a memorandum of agreement (MOA), USCG works cooperatively with BOEM to clarify roles and responsi- bilities related to regulations applied to offshore renewable energy instal- lations (OREIs) and the vessels that service the installations.22 Although the MOA encourages communication and cooperation to avoid over- lapping regulations with regard to vessels servicing offshore wind farms, 19 For more information about USCG organizational structure, see http://www.dhs.gov/xlibrary/ assets/org-chart-uscg.pdf and http://www.uscg.mil/top/units/. 20 Additional information about USCG organizational structure is available at http://www.uscg.mil/ top/units/org.asp. 21 The current version of Subchapter N is available at http://www.gpo.gov/fdsys/pkg/CFR-2003- title33-vol2/pdf/CFR-2003-title33-vol2-chapI-subchapN.pdf. 22 The MOA is available at http://www.boemre.gov/pdfs/MOA_USCG_BOEMRE_July_27_2011.pdf.

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72 Worker Health and Safety on Offshore Wind Farms WORkeR HealtH and saFety gUidance FROM OtHeR sOURces Health and safety guidance can originate from sources other than regula- tions and can include standards, guidelines, and RPs. Such voluntary consensus documents usually are detailed and technical in nature, but they do not have statutory authority, although they can be incorporated by reference into a rule or regulation. The following subsections intro- duce guidance from several sources, both domestic and international. ansi/aiHa/asse Z10-2012 Occupational Health and safety Management systems With the oversight of the American National Standards Institute (ANSI),58 the American Industrial Hygiene Association (AIHA)59 devel- oped and released a voluntary consensus standard for occupational health and safety management systems, ANSI/AIHA Z10-2005. That standard is made up of basic concepts of management leadership and employee participation, planning, implementation and operation, eval- uation and corrective action, and management review. The standard is an effective tool for continually improving occupational health and safety performance and uses the quality concept of plan-do-check-act. ANSI has recently approved a revised version for 2012. Before 2012, AIHA had been the secretariat of the Z10 Accredited Standards Com- mittee (ASC Z10), but it has relinquished all of its secretariats to the American Society of Safety Engineers (ASSE),60 which is now the ASSE Z10 ASC secretariat and copyright holder of both the 2005 and 2012 versions of the Z10 standard (ASSE 2012). 58 ANSI oversees the development and use of “voluntary consensus standards and conformity assessment systems” for almost every U.S. industry by accrediting the procedures of standards development organizations, which work to develop standards through ANSI’s “requirements for openness, balance, consensus and due process.” 59 AIHA serves the needs of occupational and environmental health and safety professionals who practice industrial hygiene in industry, government, labor, academic institutions, and indepen- dent organizations. 60 ASSE represents safety, health, and environmental professionals from many industries around the world.

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Jurisdiction over and Regulation of Worker Health and Safety 73 american Wind energy association The American Wind Energy Association (AWEA) is a national trade association representing wind energy interests in the United States and wind advocates from around the world. It provides information about the wind industry to members of Congress, government officials, the media, and the general public. Under the authority of ANSI, AWEA is an accredited standards developer for consensus wind energy standards documents in the United States. It has released AWEA Large Turbine Com- pliance Guidelines: AWEA Offshore Recommended Practices (2012): Recom- mended Practices for Design, Deployment, and Operation of Offshore Wind Turbines in the United States (AWEA 2012). In addition, the AWEA Safety Committee, through its Offshore Safety Subcommittee, is drafting Health and Safety Best Practice Guidelines for Offshore Wind Energy.61 AWEA is collaborating with ASSE in drafting the standard “Safe Construction and Demolition of Wind Generation/Turbine Facilities” (A10.21-201x). ASSE expects to circulate a public draft of the document in 2013. The Training and Education Safety Subcommittee has produced an orientation video, Introduction to Windfarm Safety, which shows the haz- ards of wind farm work. The subcommittee has created an Introduction to Safety: Wind Energy training course, which will be an introduction to construction safety on wind energy projects and will include an instruc- tor’s manual and a student manual covering eleven topics: (a) introduc- tion to OSHA, (b) walking and working surfaces, (c) emergency action plan, (d) electrical, (e) personal protective equipment, (f ) hazard com- munication, (g) material handling, (h) safety and health, (i) ergonomics, (j) fall protection, and (k) confined space. AWEA will seek OSHA Train- ing Institute approval for the course material. The subcommittee is also creating a course training manual for a qualified electrical worker pre- senting basic guidelines and elements that all companies should include in their training. The material will include an orientation video on electri- cal safety for new employees.62 61 Presentation at AWEA Offshore WindPower 2012, Offshore Safety Subcommittee Meeting, Virginia Beach, Virginia, October 9–11, 2012. 62 Presentation at AWEA WindPower 2012, Safety Committee Meeting, Atlanta, Georgia, June 4–6, 2012.

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74 Worker Health and Safety on Offshore Wind Farms Through its national alliance with OSHA, AWEA developed and coor- dinated a 3-day training class for OSHA health and safety compliance officers from around the country to improve their understanding of the wind energy industry. The purpose of the training was to help compli- ance officers understand how to climb a wind turbine, how the compo- nents inside the nacelle operate, and how to perform a self-rescue from the tower.63 The goal of the training and the alliance is to showcase indus- try best practices and to develop a better compliance process among the alliance participants. Uk Health and safety executive The Health and Safety Executive (HSE) is Great Britain’s regulator for all work-related health, safety, and illness issues and uses the Health and Safety at Work etc. Act 1974 (HSWA) to control and manage risks in the workplace. HSE regulates only health and safety; it does not develop or manage energy resources—a function controlled by the Crown Estate.64 HSE believes that new wind-energy-specific legislation is not necessary and that it will use the existing general provisions of the HSWA to regu- late both onshore and offshore sectors.65 As reported in a position paper submitted to the committee, HSE staff consider offshore wind a “high- hazard” industry that requires management of known hazards and risks in new and challenging environments, but not a “major hazard.” According to HSE staff, industries labeled as major hazards are limited to certain sec- tors working with chemicals or oil and gas and require “special permis- sioning,” such as a “safety case.”66 In regulating offshore wind, HSE believes that identifying and con- sidering potential hazards and associated risks early in the development process are important. The use of safe design guidelines is a better and more cost-effective option than struggling with “bolt-on safety” solu- 63 Press release from AWEA: http://www.awea.org/newsroom/pressreleases/OSHASept.cfm. 64 For information on the Crown Estate, see http://www.thecrownestate.co.uk/energy/offshore- wind-energy. 65 See http://www.hse.gov.uk/construction/index.htm. 66 Gary Lang and Rhiannon Hardy, UK HSE, paper submitted to the committee, April 2012. More information on HSE and safety cases is available at http://www.hse.gov.uk/offshore/safetycases. htm.

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Jurisdiction over and Regulation of Worker Health and Safety 75 tions later in the process. HSE does not recommend or endorse a par- ticular technology over another; it allows the adoption or adaptation of any technology as long as the developer or “dutyholder” accounts for potential risks. HSE does look to other sectors and industries for lessons learned and how these other sectors have managed risks. As stated in the position paper, HSE staff believe that the wind indus- try needs to define its own health and safety culture. HSE reports that large operators and manufacturers have exhibited strong leadership in developing a regulatory framework that demonstrates safety through- out their supply chain. To this end, HSE believes that cooperation and collaboration with all stakeholders are essential aspects of building and maintaining a health and safety culture. By engaging the sector at all levels, HSE wants to encourage stakeholders to set standards and to gen- erate guidelines. Through contacts and site visits, collaboration will also facilitate a better understanding of the wind farm life cycle and the haz- ard and risk profile of the wind sector.67 In addition, the committee was informed by industry representatives that many European companies look to HSE for health and safety guidance because it has the most offshore wind turbines installed; has established clear jurisdictional lines; and has the most established set of regulations and guidelines, which are updated on the basis of experience.68 RenewableUk RenewableUK is the leading trade association for the wind and marine renewable industries in the United Kingdom. It promotes the genera- tion, deployment, and use of wind, wave, and tidal power. Originally formed in 1984 as the British Wind Energy Association, RenewableUK changed its name and broadened its focus in 2004. The association became involved in offshore wind more than a decade ago and has since produced and developed a range of publications, reports, and industry guidelines. RenewableUK’s guidelines, in particular, provide impor- tant summaries of relevant health and safety issues and are drafted in 67 Gary Lang and Rhiannon Hardy, UK HSE, paper submitted to the committee, April 2012. 68 J. Nielsen, Siemens, presentation to the committee, April 2012.

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76 Worker Health and Safety on Offshore Wind Farms consultation with HSE.69 Among them are Guidelines for Onshore and Offshore Wind Farms: Health and Safety in the Wind Energy Industry Sec- tor (RenewableUK 2010) and Vessel Safety Guide: Guidance for Offshore Renewable Energy Developers (RenewableUK 2012).70 Occupational Health and Safety Assessment Series Occupational Health and Safety Assessment Series (OHSAS) 18001:2007, Occupational Health and Safety Management Systems—Requirements is a recognized standard, but the International Organization for Stan- dardization (ISO) has not adopted it. OHSAS 18001 is a specification document for developing an occupational health and safety manage- ment system and is compatible with the ISO 9001 (quality management) and ISO 14001 (environmental management) systems standards, which make integration of the management systems easier. Like ISO 9001 and ISO 14001, OHSAS 18001 is based on the plan-do-check-act manage- ment model, which is characterized by a feedback loop and continued improvement.71 The accompanying OHSAS 18002:2008, Occupational Health and Safety Management Systems—Guidelines for the Implemen- tation of OHSAS 18001:2007 provides guidance for implementing or improving an OHSAS 18001 SMS. International Marine Contractors Association The International Marine Contractors Association (IMCA) is an inter- national association representing offshore and marine engineering com- panies. IMCA has two core activities, one focusing on health, safety, and the environment and the other on training and competence. These activities are divided into the four technical divisions of marine vessels, diving, offshore survey, and remote systems. Within these areas, IMCA publishes safety guidance documents, technical reports, and fact sheets for the marine contracting sector. It also collects and reports data on 69 More information concerning RenewableUK’s health and safety topics is available at http://www. renewableuk.com/en/our-work/health-and-safety/index.cfm. 70 An updated Health and Safety Guideline is available at http://www.renewableuk.com/en/ publications/index.cfm/2013-03-13-hs-guidelines-offshore-wind-marine-energy. 71 See http://www.hse.gov.uk/foi/internalops/fod/inspect/mast/comparison.htm.

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Jurisdiction over and Regulation of Worker Health and Safety 77 incidents for and about its members and documents industry best prac- tices in the areas of equipment, procedures, and personnel. The guidance documents are available on IMCA’s website; topics include personnel transfer, diving operations, lifting operations, subsea construction, and simultaneous operations.72 The guidance document on personnel transfer, for example, focuses on safe methods for transfer- ring between vessels, offshore structures, and quaysides and covers such items as a risk assessment of the conditions, the training and competence of personnel, unambiguous roles and responsibilities of all involved, and clear lines of communication (IMCA 2010). IMCA collects, analyzes, and shares data on industry incidents from work in offshore construction. One key system for distributing the data is an alert called a “safety flash.” Safety flashes are developed from reports submitted to IMCA and contain descriptions of incidents, near misses, and potential hazards. The reports also give the apparent cause (or causes) of the incident and any actions taken to prevent a recurrence. Before it is distributed publicly, a safety flash is stripped of identifying information and is sent to the contributing company for its approval.73 Through an annual survey, IMCA gathers additional safety informa- tion from its members. Leading and lagging performance indicators developed by the association are used. The safety performance statis- tics produced by IMCA allow member organizations to identify trends within the industry and to measure their performance against industry averages. According to IMCA, this continuous effort of benchmarking assists organizations in improving safety performance and reducing injury rates (IMCA 2008). classification societies Det Norske Veritas, Germanischer Lloyd, and the American Bureau of Shipping, along with other members of the International Association of Classification Societies, verify compliance with statutory regulations and recognized standards. These organizations’ services include verification 72 For a full list of documents, see http://www.imca-int.com/documents/publications.html. 73 A listing of the most recent safety flashes is available at http://www.imca-int.com/documents/ core/sel/safetyflash/.

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78 Worker Health and Safety on Offshore Wind Farms that vessels and marine structures comply with specific rules (classifica- tion) and certification that programs or systems conform to a standard. For classification, the classification society only reports whether a vessel conforms to the society’s rules—whether it is “in” or “out of” class. For developing and implementing safety management programs, classifica- tion societies offer guidance documents for the marine industry that incorporate many of the following management system standards: the ISM Code, ISO 9001, ISO 14001, ISO 50001, and OHSAS 18001.74 In addition, most classification societies provide documents on safe work design and practices, including guidance on offshore wind turbine struc- tures,75 ergonomics and human factors engineering, safety culture and leading indicators,76 and the certification of management systems.77 sUMMaRy discUssiOn The reorganization of MMS in 2010 (see Figure 3-1) separated the pre- viously coexisting functions of safety and environmental enforcement from those of resource development and energy management to prevent conflicts of interest. An exception to the arrangement is authority for the Offshore Renewable Energy Program, which is located in BOEM’s Office of Renewable Energy. At present, BOEM will regulate worker health and safety for offshore wind farms on the OCS by requiring the submission of an SMS and will rely on another agency, BSEE, for technical expertise in the areas of safety and environmental enforcement. Although BOEM has this jurisdiction, its SMS requirements are unclear and incomplete, and they will be discussed in more detail in Chapter 5. 74 For one example, see ABS 2012. 75 For an example of technical requirements for offshore structures, see DNV 2011, Design of Off- shore Wind Turbine Structures, DNV-OS-J101. 76 Kevin McSweeney, American Bureau of Shipping, presentation to the committee, April 17, 2012. http://www.eagle.org/eagleExternalPortalWEB/ShowProperty/BEA%20Repository/Rules& Guides/Current/188_Safety/Guide; http://www.eagle.org/eagleExternalPortalWEB/Show Property/BEA%20Repository/Rules%26Guides/Current/86_ApplicationsofErgonomicsto MarineSystems/Pub86_ErgoMarineSystems. 77 For examples, see http://www.gl-group.com/en/certification/MaritimeStandards.php and http:// www.dnvba.com/Global/certification/management-systems/Pages/default.aspx.

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Jurisdiction over and Regulation of Worker Health and Safety 79 The government agencies and regulations discussed earlier could help BOEM in clarifying its offshore wind farm worker health and safety management program, but most of the regulations are prescriptive in nature. Until recently, BSEE has enforced oil and gas operations by issu- ing PINC notices on the basis of the prescriptive regulations contained in 30 CFR 250. With the introduction of the SEMS rules in Subpart S, BSEE is moving toward a more goal-based risk management system. The elements of SEMS are discussed in Chapter 5 and could provide a more robust model for BOEM’s SMS. USCG regulates health and safety for activities on the OCS involving mineral resources but not for renewable energy activities. USCG regulations, including the revised Subchapter N, could, however, inform future standards for offshore wind. BOEM’s intention of regulating worker health and safety on offshore wind farms preempts OSHA’s jurisdiction on the OCS according to Section 4(b)(1) of the OSH Act. However, OSHA has stated that it retains jurisdiction for wind farm projects within state waters and on the Great Lakes and that it will regulate on the basis of current health and safety rules. According to information received by the committee, neither USACE nor FERC has authority for offshore wind farm worker health and safety on the OCS, but USACE’s comprehensive health and safety guidelines in its engineer- ing manual could provide BOEM with insight for updating offshore safety standards (see Table 3-1). HSE in the United Kingdom offers BOEM considerable guidance from its more than 10 years of regulating worker health and safety for off- shore wind farms that includes collaborating with stakeholders to build and maintain a health and safety culture. Finally, BOEM could look to domestic and international standards for management models and for health and safety guidelines as it prepares to enhance its SMS. Trade asso- ciations such as AWEA, RenewableUK, and IMCA publish health and safety guidelines that often represent the best practices of their respective industries. Chapter 4 discusses hazards associated with offshore wind farms and how regulations and standards are used to address those hazards. Chap- ter 5 discusses published management systems in more detail and pro- vides examples of important SMS elements that BOEM could reference for enhancing its SMS. Chapter 6 presents the committee’s key findings

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80 Worker Health and Safety on Offshore Wind Farms and recommendations concerning the regulation of worker health and safety for wind farms on the OCS. ReFeRences Abbreviations ABS American Bureau of Shipping ASSE American Society of Safety Engineers AWEA American Wind Energy Association BOEM Bureau of Ocean Energy Management BOEMRE Bureau of Ocean Energy Management, Regulation, and Enforcement DNV Det Norske Veritas DOI U.S. Department of the Interior IMCA International Marine Contractors Association NAE National Academy of Engineering NRC National Research Council OSHA Occupational Safety and Health Administration TRB Transportation Research Board USACE U.S. Army Corps of Engineers USCG U.S. Coast Guard ABS. 2012. Guide for Marine Health, Safety, Quality, Environmental and Energy Manage- ment (The ABS Guide for Marine Management Systems). Houston, Tex. http://www. eagle.org/eagleExternalPortalWEB/ShowProperty/BEA%20Repository/References/ Booklets/2012/MarineManagementSystems. ASSE. 2012. ASSE Tech Brief. https://www.asse.org/shoponline/docs/Z10_Tech_ Brief_2012_Revised.pdf. AWEA. 2012. AWEA Offshore Recommended Practices (2012): Recommended Practices for Design, Deployment, and Operation of Offshore Wind Turbines in the United States. Washington, D.C. BOEM. 2011. Fact Sheet. http://www.boem.gov/uploadedFiles/FACT%20SHEET%20 BOEM.pdf. BOEMRE. 2011. Fact Sheet: The BSEE and BOEM Separation: An Independent Safety, Enforcement and Oversight Mission. http://www.bsee.gov/uploadedFiles/ BOEMRE%20Reorganization%20Fact%20Sheet.pdf. DNV. 2011. Design of Offshore Wind Turbine Structures. DNV-OS-J101. Hovik, Oslo, Norway, Sept. DOI. 2010a. Salazar Launches “Smart from the Start” Initiative to Speed Offshore Wind Energy Development off the Atlantic Coast. http://www.doi.gov/news/pressreleases/

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Jurisdiction over and Regulation of Worker Health and Safety 81 Salazar-Launches-Smart-from-the-Start-Initiative-to-Speed-Offshore-Wind- Energy-Development-off-the-Atlantic-Coast.cfm. Accessed March 1, 2013. DOI. 2010b. Secretarial Order No. 3299. http://www.doi.gov/deepwaterhorizon/loader. cfm?csModule=security/getfile&PageID=32475. Accessed March 1, 2013. DOI. 2010c. Secretarial Order No. 3302. http://www.doi.gov/deepwaterhorizon/loader. cfm?csModule=security/getfile&PageID=35872. Accessed March 1, 2013. Federal Register. 1989. Safety and Health Program Management Guidelines; Issuance of Voluntary Guidelines. Vol. 54, No. 16, Jan. 26, pp. 3904–3916. Federal Register. 2002. Inspection Under, and Enforcement of, Coast Guard Regulations for Fixed Facilities on the Outer Continental Shelf by the Minerals Management Service. Vol. 67, No. 26, Feb. 7, pp. 5912–5916. Federal Register. 2011a. Oil and Gas and Sulphur Operations in the Outer Continental Shelf—Revisions to Safety and Environmental Management Systems. Vol. 76, No. 178, Sept. 14, pp. 56683–56694. Federal Register. 2011b. Reorganization of Title 30: Bureaus of Safety and Environmental Enforcement and Ocean Energy Management. Vol. 76, No. 201, Oct. 18, pp. 64432– 64780. Federal Register. 2012. Accommodation Service Provided on Vessels Engaged in U.S. Outer Continental Shelf Activities. Vol. 77, No. 21, Feb. 1, pp. 5039–5041. IMCA. 2008. Safety, Environment and Legislation. http://www.imca-int.com/documents/ factsheets/IMCA-fs-SEL.pdf. IMCA. 2010. Guidance on the Transfer of Personnel to and from Offshore Vessels. MCA SEL 025, IMCA M 202. http://www.imca-int.com/documents/core/sel/docs/ IMCASEL025.pdf. NAE and NRC. 2012. Macondo Well Deepwater Horizon Blowout: Lessons for Improving Offshore Drilling Safety. National Academies Press, Washington, D.C. http://www. nap.edu/catalog.php?record_id=13273. NRC. 1990. Alternatives for Inspecting Outer Continental Shelf Operations. National Acad- emy Press, Washington, D.C. http://www.nap.edu/catalog.php?record_id=1517. OSHA. 2010. OSHA Authority over Vessels and Facilities on or Adjacent to U.S. Navigable Waters and the Outer Continental Shelf (OCS). Directive CPL 02-01-047. http://www. osha.gov/OshDoc/Directive_pdf/CPL_02-01-047.pdf. OSHA. 2011. CPL 02-00-151: 29 CFR Part 1910, Subpart T—Commercial Diving Oper- ations. http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-151.pdf. RenewableUK. 2010. Guidelines for Onshore and Offshore Wind Farms: Health and Safety in the Wind Energy Industry Sector. http://www.renewableuk.com/en/publications/ index.cfm/guidelines-for-onshore-and-offshore-wind-farms. RenewableUK. 2012. Vessel Safety Guide: Guidance for Offshore Renewable Energy Devel- opers. http://www.renewableuk.com/en/publications/index.cfm/vessel-safety-guide.

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82 Worker Health and Safety on Offshore Wind Farms Shaefer, L. E. 2011. Safety in Commercial Diving Practices: A Comparison of Three (3), Four (4), and Five (5) Man Dive Teams. Presented at National Offshore Safety Advi- sory Committee Fall Meeting, Nov. 15, Houston, Tex. TRB. 2012. Special Report 309: Evaluating the Effectiveness of Offshore Safety and Envi- ronmental Management Systems. Transportation Research Board of the National Academies, Washington, D.C. http://www.trb.org/Publications/Blurbs/167249.aspx. USACE. 2008. Safety and Health Requirements Manual, 2008 ed. Engineering Manual 385-1-1. Department of Defense, Washington, D.C. http://publications.usace.army. mil/publications/eng-manuals/EM_385-1-1_languages/EM_385-1-1_English_2008/ toc.html. USCG. 2009. U.S. Coast Guard: America’s Maritime Guardian. Coast Guard Publication 1. Washington, D.C. http://www.uscg.mil/doctrine/CGPub/Pub_1.pdf.