SEMS program

Your SEMS program must require that the commissioning process includes a piestartup safety and environmental review for new and significantly modified facilities that are subject to this subpart to confirm that the following criteria are met ... 

How will BSEE determine if my SEMS program is effective ... 

This paragraph is self-explanatory the agency has the legal right to evaluate the effectiveness and application of an SEMS program at any time of its own choosing. 

You can produce evidence to support the implementation of your SEMS program. 

May BOEMRE direct me to conduct ac BSEE Requirement a. If BOEMRE identifies safety or noncompliance concerns based on the results of our inspections and evaluations, or as a result of an event, BOEMRE may direct you to have an independent third-party audit of your SEMS program, in addition to the regular audit required by 250.1920, or BOEMRE may conduct an audit. Iditional audits Discussion This paragraph contains one of the many BOEMRE references to independent third-party audits. ... 

BOEMRE proposes to revise this section by removing the option for the operator to use designated and qualified operator personnel to perform an audit of the SEMS program. This section also would include new qualifications that the ISP must meet. 

The addition of a mandatory independent third party auditor brings necessary objectivity to identifying good practices and any deficiencies that may exist in an operator s SEMS program. ... 

It is the intent of this mle to hold the operator accountable for the overall safety of the offshore facility, including ensuring that all contractors and subcontractors have safety policies and procedures in place that support the implementation of the operator s SEMS program and align with the principles of managing safety set forth in API RP 75. 

Other features require that the operator enable employee participation in mitigating or eliminating hazards, a feature missing from API s RP 75, and ensure that all employees have the right to report safety or environmental violations or unsafe work conditions to BSEE and request BSEE inspection. SEMS II also requires that operators specify one person on each facility who has Ultimate Work Authority for operational safety. Finally it requires enhanced training programs and audits of SEMS programs conducted by independent third parties who meet specified qualification criteria. 

Implementing SEMS This chapter describes how to design, implement, and manage a SEMS program. 

Most comments expressed that BOEMRE significantly underestimated the cost of developing, revising, and implementing the SEMS program. Comments also stated that BOEMRE dramatically underestimated the major new documentation and reporting burden that the rule will impose on offshore operators. 

Response BOEMRE re-evaluated the cost burden on industry by interviewing parties experienced in the development of SEMS programs, vendors that submit information for operators, and operators with designated personnel who work on SEMS issues. Based on this information, we have increased the non-hour cost and hour burdens. Should OCS companies have documented data that shows a higher cost to industry, they may submit comments at any time on the paperwork burden as stated in 250.199(d). 

The second issue raised by the BSEE sentence is the recognition that it is difficult to estimate the cost of implementing and maintaining a SEMS program. 

The costs of a SEMS program can be divided into four areas ... 

The overall conclusion that can be drawn for Table 1.10 is that it provides a useful starting point, but does not substitute for creating a real budget. When this is done, it is likely that the cost of the SEMS program will be much greater than what BOEMRE estimates. 

SEMS programs should include regular third-party audits. 

If BOEMRE determines that your SEMS program is not in compliance with this subpart we may initiate one or more of the following enforcement actions ... 

This chapter describes the Safety and Environmental Management Systems (SEMS) rule that applies to the Outer Continental Shelf (OCS) of the United States. (The manner in which regulations are created and enforced for the United States offshore oil and gas industries is described in Chapter 4. The practical implementation of a SEMS program—including timing, cost, and schedule development—is discussed in... 

BOEMRE is incorporating by reference, and making mandatory, the American Petroleum Institute s Recommended Practice for Development of a Safety and Environmental Management Program for Offshore Operations and Facilities (API RP 75), Third Edition, May 2004, reaffirmed May 2008. This recommended practice, including its appendices, constitutes a complete Safety and Environmental Management System (SEMS) program. 

The responsibility for implementing SEMS lies with the operator, although, as discussed below, recent guidance from BSEE requires that contractors also have a SEMS program. 

This General element is critical to the successful implementation of the SEMS program in API RP 75, and BOEMRE is including it by incorporating by reference the entirety of API RP 75. 

You must comply with the provisions of this subpart and have your SEMS program in effect on or before November 15, 2011, except for the submission of Form MMS-131 as required in 250.1929. 

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