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

  • revoked
  • Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013: revoked, on 4 April 2016, by regulation 79 of the Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016 (LI 2016/18).
78 Duty holder must notify dangerous occurrences

(1)

A duty holder must notify WorkSafe of any dangerous occurrence as soon as practicable after that occurrence becomes known to the duty holder.

(2)

A notice required under subclause (1)—

(a)

may be provided orally or in writing; and

(b)

must include the information required under Schedule 8 to the extent that it is reasonably available to the duty holder at the time of notice.

(3)

A duty holder must provide to WorkSafe initial written notice of the circumstances of the dangerous occurrence, including the information required under Part 1 of Schedule 8, by the latest of—

(a)

7 days after the occurrence of the dangerous occurrence; or

(b)

7 days after the duty holder becomes aware of the dangerous occurrence; or

(c)

such other date specified, in writing, by WorkSafe.

(4)

A duty holder must provide to WorkSafe a detailed written report on a dangerous occurrence, including the information required under Parts 1 and 2 of Schedule 8, by the latest of—

(a)

30 days after the occurrence of the dangerous occurrence; or

(b)

30 days after the duty holder becomes aware of the dangerous occurrence; or

(c)

such other date specified, in writing, by WorkSafe.

(5)

In this regulation, dangerous occurrence means any of the following events that arose out of or in connection with petroleum operations:

(a)

an event that did not cause, but might reasonably have caused, a major accident:

(b)

a well kick that either—

(i)

exceeded 8 cubic metres (or 50 barrels); or

(ii)

required the well to be shut-in:

(c)

an uncontrolled release of hydrocarbon vapour exceeding 1 kilogram:

(d)

an uncontrolled release of petroleum liquids exceeding 80 litres:

(e)

the failure of any part of a well whose failure would cause or contribute to, or whose purpose is to prevent or limit the effect of, the unintentional release of fluids from a well or a reservoir being drawn on by a well:

(f)

damage to, or failure of, a safety-critical element that required intervention to ensure it will operate as designed:

(g)

a fire or explosion at an installation:

(h)

the uncontrolled or unintentional release or escape of any substance (other than petroleum) on or from an installation, where that release or escape had the potential to cause death or serious harm to any person:

(i)

an unintended collapse of—

(i)

an installation; or

(ii)

any part of an installation; or

(iii)

any plant on an installation, where that collapse jeopardised, or could have jeopardised, the integrity of the installation:

(j)

subsidence or local collapse of the seabed or ground that could have affected the foundations, or the integrity, of an installation:

(k)

an unplanned event (other than a false alarm) that required the emergency response plan to be implemented:

(l)

damage to an installation, caused by adverse weather conditions, earthquakes, or other natural events, that had the potential to cause death or serious harm of any person:

(m)

a collision between a vessel, aircraft, or vehicle and an installation that resulted in damage to the installation, the vessel, the aircraft, or the vehicle:

(n)

a failure of equipment required to maintain a floating offshore installation on station:

(o)

an incident involving loss of stability or buoyancy of a floating offshore installation.

Regulation 78(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(3)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(4)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).