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Safety case guidelines
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8. The following is substituted for section 13L (inserted by the Act of 2010) of the Act of 1999:
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“13L. (1) Subject to subsection (2), the Commission shall, from time to time, prepare guidelines (‘safety case guidelines’) relating to the preparation and contents of a safety case applicable to all or any designated petroleum activity or activities.
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(2) For the purpose of developing safety case guidelines, the Commission—
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(a) may consult, as it considers appropriate, with—
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(i) the National Standards Authority of Ireland,
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(ii) the Health and Safety Authority,
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(iii) the Environmental Protection Agency,
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(iv) the Minister for Transport, Tourism and Sport,
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(v) the Irish Aviation Authority, and
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(vi) such other persons as may be prescribed by order by the Minister,
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and
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(b) may give interested persons, organisations and other bodies an opportunity to make representations to it concerning the proposed guidelines.
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(3) Safety case guidelines may include provision for one or more of the following:
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(a) the appropriate contents of a safety case;
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(b) the appropriate technical principles and specifications relating to the design, construction, operation, maintenance, modification and decommissioning of petroleum infrastructure;
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(c) the standards and codes of practice applicable to designated petroleum activities including relevant standards and codes of practice, that have been formulated or recommended by the National Standards Authority of Ireland;
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(d) the safety standards to be achieved and maintained in respect of each designated petroleum activity;
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(e) the procedures to be followed by an operator, or where relevant an owner, for the submission of a safety case or a revised safety case for acceptance by the Commission;
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(f) the relevant performance indicators according to which safety performance in respect of each designated petroleum activity will be assessed;
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(g) guidance on the corporate major accident prevention policy to be submitted as part of the safety case or notification;
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(h) guidance on the description of the safety management system or, with respect to designated petroleum activities carried out offshore, the safety and environmental management system, to be included as part of the safety case or notification;
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(i) guidance on the description of the scheme of independent verification to be established by the operator or the owner as the case may be, and to be included in the safety case or notification as appropriate;
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(j) guidance on emergency response arrangements to be described in the safety case or notification;
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(k) guidance on the preparation and maintenance of a complete inventory of emergency response equipment by operators and owners pertinent to operations;
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(l) guidance on the worker representative consultation in the preparation and review of safety cases and notifications;
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(m) the procedures to be followed by an operator for the submission of a notification, or revised notification for acceptance by the Commission;
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(n) guidance on the contents of a design notification to be submitted by an operator before the intended submission of a safety case relating to relevant designated petroleum activities;
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(o) guidance on the contents of a combined operation notification to be submitted by an operator.
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(4) The Commission shall ensure, where appropriate, that the information to be included in safety cases and notifications as specified under safety case guidelines is consistent with the requirements of the Directive and, in particular, Annex I and Annex IV.
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(5) Safety case guidelines shall specify that safety cases or notifications relating to any designated petroleum activity carried out offshore (and all petroleum infrastructure associated with the carrying out of that designated petroleum activity) shall include a safety and environmental management system.
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(6) The Commission may revise any safety case guidelines or may withdraw those guidelines and prepare new guidelines.
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(7) The Commission shall ensure that safety case guidelines are published in the prescribed manner as soon as practicable after the guidelines have been prepared.”.
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