Regulations on the Duties of licensees and permit holders, Duties of A Manager and Duties of Personnel in the Nigerian Midstream And Downstream Petroleum sector.
INTRODUCTION
Midstream and Downstream Petroleum Safety Regulation 2023 priorities safety measures and procedures in the midstream and downstream sector. The Nigerian Midstream and Downstream Petroleum Regulatory Authority (“Authority”) makes these Regulations and it shall apply to all activities connected to safe operations of the midstream and downstream petroleum industry in Nigeria.
The objectives of these Regulations are to —provide for the safety standards to be observed during midstream and downstream petroleum operations, regulate safety and occupational health in Nigerian midstream and downstream petroleum operations, set out the permits, authorizations and fees for such midstream and downstream petroleum operations. It also provides sanctions, penalties and administrative fines for failure to comply with these Regulations.
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Duties of licensees and permit holders: A licensee or permit holder shall—
- Appoint, in writing, a manager who shall take continual charge of all operations authorized by the Authority;
- Notify the Authority of every appointment made under paragraph (a) and any subsequent change not later than 72 hours of such appointment or change;
- Provide its personnel with appropriate safety equipment and personal protective equipment (PPE) of internationally approved standard and ensure that such equipment is always maintained in good condition;
- Establish emergency medical procedures including an appropriately manned and well-equipped onsite clinic, standard first aid boxes and automated external defibrillators situated at strategic locations in the facility, and medical evacuation procedures;
- Provide firefighting and first aid equipment at every facility or installation in accordance with best industry standards.
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- ensure that all personnel and contractors undergo occupational fitness tests and minimum industry training as may be specified by the Authority.
- provide clear, comprehensive, safe and practical operational procedures and guidelines for its personnel.
- Develop good health protection and promotion programmes for its personnel, and mandate all its contractors to take similar actions.
- Develop and regularly update an integrated emergency plan for the management of hazardous events and accident situations that are likely to occur and ensure drills are carried out periodically.
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Duties of A Manager
A manager appointed under these Regulations shall —
- Ensure compliance with the provisions of these Regulations, guidelines or any other directives issued by the Authority
- Comply with the duties of a manager as set out in the Midstream and Downstream Petroleum Operations Regulations made by the Authority
- Appoint in writing a competent person to oversee and be responsible for health safety, environment and community matters and report the appointment or subsequent change to the Authority not later than 72 hours of such appointment or change; and
- Ensure that all personnel are given appropriate training for the efficient and safe discharge of their duties.
The Manager shall ensure compliance with the technology adaptation requirements as set out in the Midstream and Downstream Petroleum Operations Regulations made by the Authority. A Manager shall ensure that —
- Adequate safety equipment, that meet international standards, are provided for personnel;
- PPE is used appropriately and maintained in serviceable condition at all times; and
- appropriate barriers and risk reduction measures are in place to ensure that personnel exposure to hazards are reduced to ALARP, and the risk reduction measures for hazards shall comply with hierarchy of hazard control philosophy.
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Safety training: A manager shall ensure that personnel —
- Employed in offshore or swamp operations receive basic safety, emergency and survival training and undertake refreshers as appropriate.
- Employed in midstream and downstream petroleum operations receive and undertake refreshers as appropriate.
- Undertake such trainings in paragraph (b) at a training facility approved by the Authority.
Operations, inspections and maintenance: A manager shall ensure that —
- equipment is operated and kept within its Integrity Operating Window (IOW)
- process equipment has required controls and safety systems that monitors and actively control its IOW
- equipment that falls short of its IOW shall be removed from service except such equipment is derated and applied to a service proportionate to its new capacity such that it assumes a new IOW.
- rotating or reciprocating equipment and every dangerous part of any machinery shall be securely fenced or guarded, where it is practical to do so.
- boiler or oil treater shall be thoroughly inspected by competent personnel at intervals of 12 calendar months and fire tubes replaced when at the minimum thickness
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Duties of Personnel
- A competent person appointed under these Regulations shall ensure that the provisions of this Part are fully complied with.
- A person under the age of 18 years shall not be engaged to work at a dangerous area.
- A person shall not accumulate or permit the accumulation of flammable or combustible materials at any bulk storage facility, processing plant, waste recycling plant, transportation or distribution infrastructure or any other installation handling petroleum and its derivatives without the approval of the Authority.
- A person working in a facility where midstream and downstream petroleum operations are conducted, shall wear PPE that will provide adequate protection against credible hazards and is in accordance with industry best practice.
- A person working at a fixed workstation or other high-rise installation or at a height above six feet shall wear appropriate fall protection devices.
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