BSEE – Enforcement Action Against Contractors

The United States Bureau of Safety and Environmental Enforcement (BSEE) has published guidance to inspectors regarding enforcement action against contractors. The Interim Policy Document, which was published on 15 August 2012, makes clear that responsibility for compliance with BSEE regulations for offshore exploration, development and production activities rests not only with the operator of a project but also with the company actually performing the activity. The guidance sets out the circumstances under which offshore contractors, and not just the operator of a project, can be issued with an incident of noncompliance (INC) for serious violations of BSEE regulations. This is significant, because historically operators and lessees have been held solely responsible for any breach of BSEE regulations. However, following the Macondo incident, BSEE has been signalling its intention to exercise its jurisdiction over contractors and service providers involved in BSEE regulated activities. The Interim Policy Document is attached below, for members’ review. There should be an opportunity to discuss this policy at the next IMCA Central & North America Section meeting on 27 September 2012, but in the meantime any comments should be forwarded to Emily Comyn

Originally issued with the following reference(s): IMCA CNA 03/12