Final Safety Culture Policy Statement, 27419-27421 [2013-11117]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Safety and Environmental Enforcement

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27419-27421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11117]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

[13XE1700DX EEEE600000 EX1SF0000.DSA000]


Final Safety Culture Policy Statement

AGENCY: Bureau of Safety and Environmental Enforcement (BSEE), 
Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Safety and Environmental Enforcement (BSEE) 
issues this Final Statement of Policy to announce its expectation that 
individuals and organizations performing or overseeing activities 
regulated by BSEE establish and maintain a positive safety culture 
commensurate with the significance of their activities and the nature 
and complexity of their organizations and functions. The BSEE defines 
safety culture as the core values and behaviors of all members of an 
organization that reflect a commitment to conducting business in a safe 
and environmentally responsible manner. Further, it is important for 
all lessees, the owners or holders of operating rights, designated 
operators or agents of the lessee(s), pipeline right-of-way holders, 
State lessees granted a right-of-use and easement, and contractors to 
foster in personnel an appreciation for the importance of safety and 
environmental stewardship, emphasizing the need for their integration 
into performance objectives to achieve optimal protection and 
production.

FOR FURTHER INFORMATION CONTACT: Mr. Keith Petka, Safety and 
Environmental Management Systems Branch at (703) 787-1736, or by email 
at SEMS@bsee.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 20, 2012, BSEE published a Notice in the Federal 
Register requesting comments on its Draft Statement of Policy 
announcing the expectation that individuals and organizations 
performing or overseeing activities regulated by BSEE establish and 
maintain a positive safety culture commensurate with the significance 
of their activities and the nature and complexity of their 
organizations and functions [77 FR 75443]. The comment period for this 
notice closed on March 20, 2013.

II. Summary of Comments on Draft Safety Culture Policy Statement

    In response to the Federal Register notice, BSEE received 32 sets 
of comments from oil and gas companies (operators and contractors), 
industry associations, environmental organizations, and individuals. In 
the following section, we address the general comments by topic and 
discuss any changes made to the Policy Statement based on these 
comments. Comments that are not related to the notice or that are 
outside the scope of the policy statement are not addressed. All of the 
comments BSEE received are posted on www.regulations.gov, under docket 
number BSEE-2012-0017.

Comments by Topic

Support for BSEE's Issuance of Draft Safety Culture Policy Statement
    A majority of commenters approved of BSEE's publication of the 
draft safety culture policy statement and identified it as an important 
starting point to initiate substantial discussions focused on improving 
the safety culture on the Outer Continental Shelf (OCS).
Nine Safety Culture Characteristics
    The majority of commenters expressed agreement with the nine 
characteristics of safety culture that BSEE listed in the policy 
statement. Some commenters recommended modifications to the safety 
culture characteristics, such as the need for equipment control and 
integrity. In response to these comments, BSEE has altered the title of 
characteristic two from ``Problem Identification and

[[Page 27420]]

Resolution'' to ``Hazard Identification and Risk Management'' and 
acknowledged equipment control in characteristic four. The BSEE feels 
that these changes better align with the common vocabulary used on the 
OCS for identifying potential safety issues as well as concentrating on 
the inherent risk in oil and gas activities. A positive safety culture 
would focus on continuously appraising hazards during the various 
exploration and production activities while adequately directing 
resources to the highest risks in order to best enhance safety.
    Other commenters suggested adding new characteristics such as 
implementation, measurement and evaluation, and reward and recognition. 
The BSEE believes these are valuable ideas, but are too specific for 
inclusion in this policy statement. It is not BSEE's intention to 
mandate safety culture requirements. The ultimate goal for releasing 
this policy statement is to outline the critical traits that are 
present in a positive safety culture while initiating a constructive 
dialogue on how regulators, industries, and the public can collaborate 
on improving the overall safety on the OCS. However, we will consider 
utilizing these concepts as we plan future strategies outside of this 
policy statement.
Safety Versus Production
    Many commenters noted that the policy statement appears to 
subordinate safety to production. Most of the commenters who commented 
on this issue pointed out that safety and production are often viewed 
as being in competition with each other. All of those who commented on 
this issue emphasized the need to clarify that safety should not be 
secondary to production.
    The BSEE agrees with these comments and has altered the policy 
statement to read, ``Each and every person involved in the wide range 
of activities associated with the offshore oil and gas program should 
emphasize the need to integrate safety and environmental stewardship 
into personal, company, and government performance objectives.''
Prescription of Safety Culture
    Many commenters requested that BSEE refrain from mandating the 
adoption of a safety culture and that the policy statement not be too 
prescriptive. The commenters cited the need for flexibility in the 
adoption of safety culture and expressed the concern that the very act 
of mandating or prescribing safety culture activities would counteract 
the cultural assimilation that the safety culture statement intends to 
advance. It is not BSEE's intention to mandate safety culture 
requirements. The BSEE believes this would be counterproductive to 
building a positive safety culture; therefore, we are not prescribing a 
safety culture policy.
Differences Between Occupational and Process Safety
    Many commenters stated that the policy statement should acknowledge 
a difference between occupational and process safety. Some commenters 
noted that the measures taken to advance occupational and process 
safety each are different: Occupational safety focuses primarily on 
behaviors while process safety focuses on management framework and 
better involves organization leaders. One commenter stated that 
occupational safety efforts concentrate on individual worker actions 
while process safety efforts concentrate on preventing high 
consequence, low likelihood events through engineering design.
    A number of commenters expressed concern that the broad direction 
to adopt a safety culture is often translated into pressure on workers 
to avoid injuries. According to the commenters, this would occur 
without a concomitant requirement for a safety culture commitment 
throughout all levels of the organization.
    The BSEE agrees with the comments that there is a difference 
between process safety and occupational safety. In an effort to involve 
all types of safety and all organization personnel, the definition of 
safety culture and several parts of the statement have been edited to 
better encompass all roles in an organization, and characteristic three 
has therefore been edited to read, ``All individuals take personal 
responsibility for process and personal safety as well as environmental 
stewardship.''
Lack of Environmental Awareness
    Several commenters stated that the policy statement does not 
adequately present the need for OCS organizations to focus on both 
safety and environmental issues. One commenter described the link 
between environmental safety and process safety that is vital to the 
OCS safety culture. Another commenter indicated that the statement 
``must clearly and consistently emphasize the importance of 
environmental health and safety in addition to human safety.''
    The BSEE agrees that environmental protection plays a significant 
role in the activities on the OCS and we have edited the policy 
statement to reflect this importance.
Learn From Others
    A number of commenters stated that other organizations and Federal 
agencies have already led safety culture transformations and encouraged 
BSEE to study their experiences. The BSEE appreciates this suggestion 
and is currently working to develop information sessions and workshops 
with various organizations that have had extensive experience with 
safety culture in comparable industries (e.g., Federal Aviation 
Administration, Nuclear Regulatory Commission, Petroleum Safety 
Authority Norway, etc.).
Stop Work Authority
    Many commenters encouraged the use of the stop work authority. They 
emphasized that stop work authority could be used as a tool for workers 
to use in preventing accidents and as a safety cultural assimilation 
method. Several of those commenters who advocated special mention of 
stop work authority within the policy statement noted that while it 
deserves emphasis, it also needs to be carefully described in order to 
prevent misuse. According to the commenters, if the stop work authority 
were improperly applied or guided, it could exacerbate already 
deteriorating conditions.
    On April 5, 2013, the final rule ``Revisions to Safety and 
Environmental Management Systems'' was published in the Federal 
Register [78 FR 20423]. This rule mandates that all operators implement 
stop work authority on all OCS activities regulated by BSEE. Therefore, 
BSEE is not making any changes to the policy statement with regard to 
stop work authority.
Further Involvement
    Many commenters noted that BSEE should continue the dialogue on the 
topic of a safety culture policy statement. The majority of these 
comments contained recommendations that BSEE provide further details 
about safety culture in a future guidance document. Other commenters 
stated that BSEE should engage in an ongoing dialogue with stakeholders 
to discuss safety culture so that continued progress could be made.
    Through public comments and industry input, BSEE has identified 
several tools that can effectively encourage a positive safety culture 
on the OCS. These include:
    1. Forums and workshops with industry and other agencies to discuss 
safety culture initiatives;
    2. Establishing a research program that can identify safety areas 
in need of improvement; or

[[Page 27421]]

    3. Writing guidance documents that describe best practices and case 
studies for safety culture advancement.
    The BSEE is currently exploring these options and will look towards 
further collaboration with industry and the public.

III. Statement of Policy

    The BSEE defines safety culture as the core values and behaviors of 
all members of an organization that reflect a commitment to conduct 
business in a manner that protects people and the environment.
    It is necessary for everyone participating in the exploration, 
development, and production of offshore oil and gas--from a contract 
service provider, to the leaseholder, to the government regulator--to 
realize the importance of a culture that promotes safety and 
environmental stewardship to a vigorous and respected offshore energy 
industry. Each and every person involved in the wide range of 
activities associated with the offshore oil and gas program should 
emphasize the need to integrate safety and environmental stewardship 
into personal, company, and government performance objectives. 
Continued improvement in safety and environmental protection will 
demonstrate to the American public that access to the valuable offshore 
energy resources can be accomplished while respecting the environment 
and protecting the offshore workers.
    Experience has shown that certain personal and organizational 
characteristics are present in a culture that promotes safety and 
environmental responsibility. A characteristic, in this case, is a 
pattern of thinking, feeling, and behaving that emphasizes safety, 
particularly in situations that may have conflicting goals (e.g., 
production, schedule, and the cost of the effort versus safety and 
environmental protection).
    The following are some of the characteristics that typify a robust 
safety culture:
    1. Leadership Commitment to Safety Values and Actions. Leaders 
demonstrate a commitment to safety and environmental stewardship in 
their decisions and behaviors;
    2. Hazard Identification and Risk Management. Issues potentially 
impacting safety and environmental stewardship are promptly identified, 
fully evaluated, and promptly addressed or corrected commensurate with 
their significance;
    3. Personal Accountability. All individuals take personal 
responsibility for process and personal safety, as well as 
environmental stewardship;
    4. Work Processes. The process of planning and controlling work 
activities is implemented so that safety and environmental stewardship 
are maintained while ensuring the correct equipment for the correct 
work;
    5. Continuous Improvement. Opportunities to learn about ways to 
ensure safety and environmental stewardship are sought out and 
implemented;
    6. Environment for Raising Concerns. A work environment is 
maintained where personnel feel free to raise safety and environmental 
concerns without fear of retaliation, intimidation, harassment, or 
discrimination;
    7. Effective Safety and Environmental Communication. Communications 
maintain a focus on safety and environmental stewardship;
    8. Respectful Work Environment. Trust and respect permeate the 
Organization with a focus on teamwork and collaboration; and
    9. Inquiring Attitude. Individuals avoid complacency and 
continuously consider and review existing conditions and activities in 
order to identify discrepancies that might result in error or 
inappropriate action.
    Although there are additional traits that amplify or extend these 
basic characteristics, these nine characteristics are foundational to 
the development of an effective and functioning safety culture that 
recognizes the need to protect people and the environment first and 
foremost.

    Dated: May 2, 2013.
James A. Watson,
Director, Bureau of Safety and Environmental Enforcement.
[FR Doc. 2013-11117 Filed 5-9-13; 8:45 am]
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