Recommendation 1

3.44

The committee recommends that the Offshore Petroleum and Greenhouse Gas Storage Act 2006 be amended to provide for consistency with the Work Health and Safety Act 2011 in regard to the rights, powers and entitlements of Health and Safety Representatives (HSRs), including but not limited to matters identified in paragraph 3.27 of this report.

Recommendation 2

3.45

The committee recommends that the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) be required to maintain a register of offshore Health and Safety Representatives which includes:

the HSR's name, position and contact details;

the details of the training the HSR has undertaken in the previous 12 months;

the employer of the HSR; and

the work group the HSR represents.

Recommendation 3

3.62

The committee recommends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 be amended to provide for:

a requirement for consultation with the relevant unions in the development of the initial safety case;

a requirement of a review of the safety case to take place with the workforce once hired (and before the commencement of operations, where possible);

a requirement for HSRs to be provided with a copy of the safety case; including by remote online access; and

an ability for an HSR to trigger a review and revision of the safety case in certain circumstances.

Recommendation 4

3.73

The committee recommends that a right of entry for work health and safety purposes be established under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, requiring:

the operator of the facility to, as soon as possible, facilitate transport for the permit holder for right of entry purposes;

the cost of transport for the permit holder for right of entry purposes to be recovered from industry by a levy revenue to NOPSEMA; and

an ability for the permit holder to exercise entry for the purposes of inquiring into multiple suspected contraventions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, including additional contraventions identified during the course of the entry.

Recommendation 5

3.85

The committee recommends that Offshore Petroleum and Greenhouse Gas Storage Act 2006 be amended to provide for consistency with the Work Health and Safety Act 2011 in regard to a licensing system for workers performing high risk work.

Recommendation 6

4.26

The committee recommends that the Offshore Petroleum and Greenhouse Gas Storage Act 2006 be amended to provide for equal representation of industry and workforce participants on the National Offshore Petroleum Safety and Environmental Management Authority Board, with the latter representatives to be nominated by the Australian Council of Trade Unions.

Recommendation 7

4.56

The committee recommends that NOPSEMA carry out regular, unannounced inspections as part of its standard inspection regime.

Recommendation 8

4.57

The committee recommends NOPSEMA and facility operators ensure that HSRs are present and fully engaged when NOPSEMA carries out its inspections by:

requiring HSRs to accompany NOPSEMA inspectors on their inspections; and

requiring NOPSEMA inspectors to meet separately and privately with HSRs during inspections.

Recommendation 9

4.77

The committee recommends that the penalties in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 be significantly increased to bring them into line with best practice responsive regulation.

Recommendation 10

4.78

The committee recommends that NOPSEMA's Enforcement Policy be amended so that its response escalates for each instance of non-compliance by the same organisation or in respect of the same facility.

Recommendation 11

4.79

The committee recommends that NOPSEMA be directed to comply with the Enforcement Policy in respect of taking prosecution action where there has been repeated non-compliance with the legislation.

Recommendation 12

4.91

The committee recommends the Commonwealth Government conduct a comprehensive assessment of coverage of Australian safety regulation, including offshore petroleum, in order to develop a coherent legislative reform package.

Recommendation 13

4.92

The committee recommends that NOPSEMA and Australian Maritime Safety Authority update their Memorandum of Understanding, with a particular focus on achieving clarity on the common areas and interactions between the two agencies and their legislations.

List of Recommendations