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Posts Tagged ‘regulatory philosophy’

Judge Wells’ report is quite expansive in a way that may be unprecedented for a helicopter accident review.  His commission delves into cultural and organizational issues and regulatory philosophy. Consistent with the international trend, the commission recommends a separate safety authority (page 302):

It is recommended that a new, independent, and stand alone Safety Regulator be established to regulate safety in the C-NL offshore. Such a Safety Regulator would have to be established, mandated, and funded by both Governments by way of legislative amendment, regulation, or memorandum ofunderstanding, or other means.

In his background remarks, Judge Wells makes this comment on regulatory culuture:

I have come to believe that regulation to be effective must encompass more than a list of do’s and don’ts. It must set in place and lead an inclusive regime of many players, some very important, others less so. All the available knowledge, skills, and wisdom of all participant sshould be harnessed in the safety cause.

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From Western Australia Business News:

The gulf between the Western Australian government and Canberra continues to widen, with state mines and petroleum minister Norman Moore writing to local oil and gas companies for support to block plans for a single national oil regulator.

Comment: What is Mr. Moore offering the companies in return for their support? This “turf” battle shows why you can’t have multiple authorities regulating the same facilities.  Disputes, self-interest, conflicting agendas and priorities,  and “turf” issues drain too much energy from the regulators and the industry being regulated.  Concerns about critical operational risks are superseded by coordination activities and debates about who is in charge.

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While the Norwegian model is built on trust, cooperation, and sharing of experience and information,” asserts Dr Lindøe, “the situation in the USA is nearly the opposite.”

When an accident happens on the Norwegian continental shelf, the parties convene to uncover any weaknesses in systems or routines that contributed to workers making a mistake. There is agreement that this is how to achieve better results, rather than spending resources on finding scapegoats and not bothering to change the systems.

In the aftermath of Deepwater Horizon, MMS has been criticised for having too cozy a relationship with the companies and for having reduced the number of inspections,” says Researcher Helge Ryggvik of the University of Oslo. “Yet its inspection activities are more comprehensive than on the Norwegian continental shelf. And unlike the Petroleum Safety Authority Norway, MMS has its own helicopters and can conduct unannounced inspections.”

This excellent Research Council of Norway article, which discusses some of the differences between the US and Norwegian systems, should be mandatory reading for regulators and operators. Ironically, I made some similar comments to a wind turbine safety committee last week.  In assessing the root causes of accidents and the associated equipment and procedural issues, we must not lose sight of the fundamental regulatory objectives and how they can best be achieved.

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