Worker Health and Safety on Offshore Wind Farms - Special Report 310 (2013) / Chapter Skim
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3 Jurisdiction over and Regulation of Worker Health and Safety
3 Jurisdiction over and Regulation of Worker Health and Safety
Pages 44-82
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From page 44... ...
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.
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Section 388 of the Energy Policy Act of 2005 amended Section 8 of OCSLA and granted MMS the authority to regulate renewable energy operations on the OCS (Federal Register 2011b, 64731)
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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 current regulations for worker health and safety.
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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 issuance, 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 processes 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 assessments and reviews (including the National Environmental Policy Act process)
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. Although BOEM does not enforce health and safety or environmental regulations for nonrenewable energy, its mission includes the enforcement 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)
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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.
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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.
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Personnel from the regional offices also inspect drilling rigs and production facilities, cite noncompliance issues, fine companies for regulatory infractions, and investigate accidents and incidents. current Bsee Regulations for Worker Health and safety The rules contained in 30 CFR 250 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf)
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. 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 operators or issues caused by improper safety procedures.
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that revised SEMS and added elements, which are proposed and have not been implemented (Federal Register 2011a, 56683)
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, USCG works cooperatively with BOEM to clarify roles and responsibilities related to regulations applied to offshore renewable energy installations (OREIs) and the vessels that service the installations.22 Although the MOA encourages communication and cooperation to avoid overlapping 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/.
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USCG has determined that these regulations apply to boats involved in construction and transport activities for offshore wind farms.26 In addition, the rules for OSVs apply to lift boats and allow OSVs to carry up to 23 See Federal Register 2002, 5912, http://www.boemre.gov/federalregister/PDFs/DOT%20 Inspection%20Final%20Rule.pdf. 24 A complete list of Z-PINCs is available at http://www.bsee.gov/Inspection-and-Enforcement/ Inspection-Programs/GLZ-pdf.aspx.
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As offshore construction and operation have moved farther offshore, companies in the oil and gas business have chartered floating hotels or "floatels" to house the workers. Similar arrangements may be made for future offshore wind farm operations in the United States.
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The TSMS will provide an organized and reviewable document of a company's health and safety policies and procedures and will describe how its vessels and employees would comply with all applicable requirements prescribed in this new subchapter, including lines of communication, emergency response procedures, contractor management, and management review procedures. A company's existing SMS that is fully compliant with the ISM Code requirements, as found in 33 CFR Part 96, Rules for the Safe Operation of Vessels and Safety Management Systems, will be considered compliant with the proposed TSMS requirements.
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Auditing will be an integral part of the proposed TSMS. Internal and external audits will be incorporated, in a manner similar to audits associated with the ISM Code.
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However, the MOA does not clearly address the health and safety of personnel during the interaction between a vessel and a facility for wind farms on the OCS. Occupational safety and Health administration The Occupational Safety and Health Act of 1970 (OSH Act)
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As discussed above, BSEE shares health and safety regulatory authority with USCG for oil and gas operations on the OCS (see Federal Register 2002, 5912) , and OSHA has acknowledged this authority in Compliance Directive (CPL)
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p_table=OSHACT&p_ id=3358. current OsHa Regulations for Worker Health and safety All of OSHA's health and safety regulations are contained in 29 CFR.41 Although duplicate regulations may exist in various subparts, the standards relevant to worker safety for offshore wind farms are found in Parts 1910 (general industry)
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. OsHa safety Management OSHA is known for establishing prescriptive regulations for worker health and safety, but the agency has pursued more goal-based practices, including process safety management (PSM)
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43 The PSM program is OSHA's only rule that has the same basic elements as an SMS. OSHA is considering a second rule related to a health and safety management system and based on its voluntary guidelines published in 1989 -- Safety and Health Program Management Guidelines (Federal Register 1989, 3904)
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In addition, several follow-up action items were discussed. One of the most important determinations of the meeting was that jurisdiction for offshore worker health and safety on wind farms resides in BOEM's Office of Renewable Energy Programs (see Table 3-1 for a summary of jurisdictional responsibility)
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interaction between vessel and facility for wind farms on the OCS is still unclear. OSHAe or state Jurisdiction and regulations for No jurisdiction; BOEM intends to OSHA specific hazards of offshore wind exercise statutory authority.
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In addition, a trilateral agreement between DOI, USCG, and OSHA for any perceived violation would encourage collaboration across regulators and geographical jurisdictions.47 OtHeR FedeRal agencies U.s. army corps of engineers USACE manages public engineering services in missions around the world for both military and civil works projects, and its programs have attained a safety record that is below the national average for accidents.48 USACE publishes a comprehensive set of safety standards found in the Safety and Health Requirements Manual [Engineering Manual (EM)
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navigable waters and on the seabed of the OCS but does not have authority for the operations of these obstructions. In addition, USACE does not have authority over offshore wind farm worker safety.52 Federal energy Regulatory commission According to the memorandum of understanding between the Federal Energy Regulatory Commission (FERC)
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For offshore wind farms located in U.S. navigable waters, including state territorial seas and U.S.
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. Although offshore wind farms under California OSHA or Washington State OSHA jurisdiction could be covered by their safety and health program rules in addition to their construction and general industry rules, federal OSHA, with coordination from USCG, will likely assert jurisdiction over offshore wind farms in all state waters, at least during the initial phases.57 RegulatoRy appRoaches: pRescRiptive and goal-Based Regulatory approaches can be prescriptive and specific or goal- or performance-based.
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or more above a lower level where leading edges are under construc tion, but who is not engaged in the leading edge work, shall be protected from falling by a guardrail system, safety net system, or personal fall arrest system. If a guardrail system is chosen to provide the fall protection, and a controlled access zone has already been established for leading edge work, the control line may be used in lieu of a guardrail along the edge that parallels the leading edge.
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Goal-based or performance-based approaches, such as an SMS, are more flexible than prescriptive regulations and generally specify a required outcome instead of steps that the operator must follow for compliance. The flexibility allows the operator to manage the risk for all identified hazards and to choose the best method for achieving the desired safety outcome.
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,58 the American Industrial Hygiene Association (AIHA) 59 developed and released a voluntary consensus standard for occupational health and safety management systems, ANSI/AIHA Z10-2005.
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. 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)
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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 regulate both onshore and offshore sectors.65 As reported in a position paper submitted to the committee, HSE staff consider offshore wind a "highhazard" 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 sectors working with chemicals or oil and gas and require "special permissioning," such as a "safety case."66 In regulating offshore wind, HSE believes that identifying and considering 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.
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By engaging the sector at all levels, HSE wants to encourage stakeholders to set standards and to generate guidelines. Through contacts and site visits, collaboration will also facilitate a better understanding of the wind farm life cycle and the hazard 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.
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Like ISO 9001 and ISO 14001, OHSAS 18001 is based on the plan-do-check-act management 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 Implementation of OHSAS 18001:2007 provides guidance for implementing or improving an OHSAS 18001 SMS. International Marine Contractors Association The International Marine Contractors Association (IMCA)
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According to IMCA, this continuous effort of benchmarking assists organizations in improving safety performance and reducing injury rates (IMCA 2008)
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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.
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. HSE in the United Kingdom offers BOEM considerable guidance from its more than 10 years of regulating worker health and safety for offshore wind farms that includes collaborating with stakeholders to build and maintain a health and safety culture.
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2010a. Salazar Launches "Smart from the Start" Initiative to Speed Offshore Wind Energy Development off the Atlantic Coast.
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2010. Guidelines for Onshore and Offshore Wind Farms: Health and Safety in the Wind Energy Industry Sector.
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Presented at National Offshore Safety Advi sory Committee Fall Meeting, Nov. 15, Houston, Tex.
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