National Institute of Standards and Industrial Technology Act 1993




НазваниеNational Institute of Standards and Industrial Technology Act 1993
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PART II. – ADMINISTRATION.

2. Responsibility of licensee.

(1) Subject to Subsection (2), a licensee shall ensure that all operations carried out in the licence area are in accordance with this Regulation and in the case of any operation in respect of which an operator has been appointed, that operator and the licensee shall be jointly and severally responsible for ensuring the observance of this Regulation.

(2) The liability of the licensee and the operator of a licence area shall be in addition to, and shall not affect or be affected by, the liability of any other person for any contravention or failure to comply with this Regulation.

3. Exemption.

(1) Where the Director is satisfied that compliance with a provision of this Regulation is impracticable, or undesirable in any particular circumstances, or that a satisfactory alternative procedure, action or installation may be adopted, taken or installed, he may, at his discretion, exempt a person or class of persons from the duty to comply with such provision.

(2) An exemption under Subsection (1) may be granted subject to such conditions and limitations as the Director considers necessary.

(3) The Director may cancel an exemption under Subsection (1) where any condition thereof is contravened, or not complied with, or where he is satisfied that the circumstances under which it was granted have altered.

4. Posting of the Regulation.

A copy of this Regulation shall be kept on all drilling rigs, service rigs and at other main operational locations and shall be available at all reasonable times for perusal by employees, contractors and Petroleum Inspectors.

5. Person-in-Charge.

(1) The licensee shall, before commencing operations, appoint a competent person, to be known as the Person-in-Charge, to be in charge of all operations in the licence area and shall forthwith give to the Director–

(a) notification of the name and address of the Person-in-Charge; and

(b) where the Person-in-Charge has not previously held a position of Person-in-Charge in Papua New Guinea, a copy of the curriculum vitae of the Person in Charge; and

(c) a copy of the acceptance by that person of the appointment.

(2) A written notification of a change in appointment under Subsection (1) shall be forwarded to the Director forthwith.

(3) The Person-in-Charge shall ensure to the best of his ability that he and all workmen in his charge know and comply with all relevant provisions of this Regulation, applicable current laws of Papua New Guinea and with any corporate operations or safety manual that is applicable to the operations under his control.

(4) The Person-in-Charge shall comply with any conditions and/or directions which the Director considers appropriate in regards to any operation, notice, program or application.

(5) It shall be the responsibility of the Person-in-Charge to ensure that the equipment, program of operations, procedures and the working conditions provide for the safety of the personnel engaged in the operations, for the protection of the environment and equipment, and for the conservation of resources.

6. Deputy Person-in-Charge.

(1) The Person-in-Charge may delegate to a competent person who shall be known as the Deputy Person-in-Charge such specified duties (other than this power of delegation) as he may think fit.

(2) The Person-in-Charge shall notify the Director of the name and address of any Deputy Person-in-Charge, the duties so delegated to him, and the acknowledgment by that person thereof.

7. Name of Site Person-in-Charge to be Displayed.

The name of the site person-in-charge, and/or deputy site person-in-charge, of any site operation shall be clearly displayed on the site of that operation.

8. Accident, Incident and Employment Reporting.

(1) The licensee shall–

(a) report forthwith to the Director–

(i) all accidents which–

(A) cause loss of life; or

(B) are of a serious nature resulting in injuries requiring urgent attention by a medical practitioner; and

(ii) all incidents involving fire, explosion, blow-out, spillage of hydrocarbons in excess of 10 barrels (1,600 litres) and/or serious structural damage; and

(b) within seven days send a written report to the Director detailing the nature and cause of the accident or incident and of the injuries sustained by any person and any damage caused to plant, property or the environment; and

(c) within 30 days submit a written report to the Director detailing the preventative measures that have been instigated to prevent further accidents or incidents of a similar nature from occurring.

(2) Where a fatal, serious or potentially serious accident occurs, no person shall, except with the consent of a Petroleum Inspector, or for the purpose of–

(a) saving human life; or

(b) relieving human suffering; or

(c) rendering the well or site safe,

move, interfere with or destroy any article or thing at the place of, or connected with, the accident.

9. Monthly Accident and Employment Return.

(1) The Person-in-Charge shall complete, or ensure the completion of, a monthly accident and employment return in a form acceptable to the Director to reach the Director by the tenth day of each month, covering the previous month.

(2) A monthly accident and employment return under Subsection (1) shall provide–

(a) the total number of man hours worked including operator, contractor and subcontractors employed on the project; and

(b) the total number and relevant details of lost time injuries; and

(c) the total lost time for the month including any cases carried over from previous month(s), and shall include details of any potentially serious accidents or incidents even if not involving lost time.

10. Waste or Contamination.

(1) Where, in the opinion of the Director, a possibility exists of waste or contamination of oil, gas or water, he may require that designated tests be made by the Person-in-Charge, to detect whether or not waste or contamination is present, and shall notify the Person-in-Charge accordingly, who shall forthwith carry out such tests.

(2) Where a test required under Subsection (1) establishes that there is waste or contamination, the licensee shall forthwith carry out such measures as may be necessary to remedy or prevent the waste or contamination.

(3) On completion of any measures taken under Subsection (2), to remedy or prevent any waste or contamination, the Director may require that such additional tests, as he may consider necessary, be made to establish the effectiveness of such remedial measures.

(4) The results of any additional test required under Subsection (3) shall be forwarded forthwith to the Director.

11. Evaluation of an Occurrence of Oil or Gas.

Where the Director considers that insufficient coring, logging or testing is being carried out to evaluate an occurrence of oil or gas in a well, a potential occurrence of oil or gas or demonstrate a stratigraphic correlation in a well, he may require the Person-in-Charge to carry out any specified coring, logging or testing operations which are practical and reasonable under the circumstances existing and are of a kind generally recognized and used in the petroleum industry.

12. Entry onto Private Land.

(1) A licensee shall, before he or his agents or servants enter on any private land, submit a completed Form 24 to the Director notifying of the licensee’s intentions at least two weeks prior to making such entry and the Director shall immediately inform the person appointed under Section 73 of the Organic Law on Provincial Governments and Local-level Governments in relation to the Province in which the subject of the licence is situated.

(2) The licensee, or his agent or servants, immediately prior to entering on private land, shall consult with the Senior District Official in the District in which the subject of the licence is situated to ensure that landowners are adequately informed of the type of operation to be undertaken, the approximate duration of the operation and potential damage that could be caused to property.

13. Protection of Public Utilities and Existing Pipelines.

Unless otherwise approved by the Director, no interference with any existing pipeline or with any road, airstrip, telephone or power transmission line or cable, radio mast or other public utility or facility shall take place during the performance of any operation in the search for and the production of petroleum.

14. Interference with Facilities and Equipment.

A person who interferes with any work, facility or item of equipment constructed, installed or used pursuant to a licence area, such that the integrity or utility of that work, facility or item of equipment is lessened, is guilty of an offence.

Penalty: A fine not exceeding K5,000.00.

Default penalty: A fine not exceeding K500.00.

15. Release of Information.

(1) Where a licence area is in force, or has been in force, the Director may make public any technical data, report, analysis, sample or material supplied to the Minister, Director or any Petroleum Inspector after a period as specified in the Act.

(2) An analyses of core or cuttings material and a reprocessing of seismic or other geophysical or geo-chemical surveys carried out on material or data obtained pursuant to Subsection (1) shall be reported to the Director within six months of substantial completion of the work, and the Director may make any such report available as specified in the Act.

PART III. – SAFETY.

Division 1.

General.

16. Responsibilities of Supervisors.

Without affecting the responsibility of the Person-in-Charge, every supervisor, foreman, tool pusher, and driller shall so supervise the workmen under his supervision that such workmen are not working in an unsafe manner, in unsafe circumstances and/or without proper protective equipment, and all supervisors shall comply with the provisions of the Industrial Safety, Health and Welfare Act 1961.

17. Responsibility of Workmen.

(1) A person shall use the safeguards, safety appliances, personal protective equipment or devices required by this Regulation.

(2) A person shall not use any equipment, or behave in a manner, that endangers himself or any other person.

(3) A person shall comply with the provisions of the Industrial Safety, Health and Welfare Act 1961.

18. First Aid.

(1) A stretcher and at least one clean, lockable, adequate first-aid kit, containing sterile dressings, antiseptics, splints, tape, scissors, sling and wrapping material shall be readily available on all drilling rigs, service rigs, well testing operations, seismic field crews, geological and geophysical field crews, production facilities, construction sites and other operational locations and all associated camps.

(2) Personnel with recognized first aid training shall be available on all main operational sites while work is in progress at the specific site.

(3) A comprehensive first-aid kit, containing, as a minimum, that described in Subsection (1), including a stretcher, shall be available on remote locations where skilled medical attention is not readily available.

(4) Procedures shall be established at all main operational locations for the transportation of persons needing prompt medical attention.

(5) Wherever possible, a seriously injured person, while being transported, shall be accompanied by, in addition to the driver or pilot, at least one person having valid first aid qualifications.

(6) Each main operational location other than a geophysical, geological or related operations camp, shall maintain or readily have access to a clean room equipped as a First-Aid room, with an adequate supply of hot and cold water, bed, instruments, dressings, bandages, drugs, splints, stretchers, oxygen breathing apparatus and other requirements for administering first-aid.

(7) Effective and reliable safety showers and/or eye wash stations shall be located within immediate access to any area where personnel may come in contact with materials which are injurious to the skin and/or eyes.

(8) A First-Aid room referred to in Subsection (6) shall be manned by at least one person who is–

(a) a registered general nurse; or

(b) a member of, or qualified for membership of, the Institute of Ambulance Officers (Australia); or

(c) trained and currently certified by an approved institution as a paramedic.

19. Contaminated Atmosphere.

(1) A person shall not enter or remain in the vicinity of a work area where there is a deficiency of oxygen or a danger of exposure to gases, fumes or vapours in sufficient quantity to create a health hazard, unless appropriate precautions are taken, as stipulated in the licensee’s operations/safety manual, including but not limited to the use of proper respiratory apparatus that provides protection from the hazard which exists.

(2) Where a person may be exposed to injurious gases, there shall be kept at a readily accessible place at the site of the operations, at least two units of appropriate respiratory apparatus which shall be maintained in good working order at all times.

(3) Where a person is, or may be, required to use respiratory protective equipment, it shall be ensured that he has been medically approved to use the equipment and has received instruction and practice in its use.

(4) It shall be ensured that the respiratory protective equipment required by this section is used as intended by the manufacturer and that it provides the user with the essential respiratory protection against the hazardous atmospheres which may be encountered.

(5) Approved respiratory protective equipment shall include–

(a) self-contained breathing apparatus; or

(b) oxygen-generating apparatus; or

(c) supplied-air apparatus; or

(d) filter-type respiratory protective equipment.

(6) Persons required to wear supplied air apparatus of the air-line type in an area as described in Subsection (1) shall be provided with and shall wear an auxiliary air supply, such supply to be of sufficient amount to allow the worker to escape from the area in an emergency.

(7) On all drilling and servicing rigs there shall be at least six sets of self-contained respiratory protective equipment in good working order and readily available at the well site.

(8) Filter-type respiratory protective equipment shall be used where the atmosphere is contaminated or in danger of being contaminated by solid particles of a type and in sufficient quantities that create a health hazard.

(9) There shall be available at every drilling or workover location, well servicing location, production facility and pipeline facility, two portable instruments capable of detecting flammable vapours and measuring their concentrations, and such instruments shall be used to test the atmosphere of any area where flammable vapours may be reasonably expected to be present before the site person-in-charge allows a workman to enter.
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