Boston College Environmental Affairs Law Review - vol. 38
Boston College Environmental Affairs Law Review
"The catastrophic oil spill in the Gulf of Mexico last spring and summer has triggered a frantic search for more effective regulatory methods that would prevent such disasters. The new Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) is under pressure to adopt the British "safety case" system, which requires the preparation of a facility-specific safety plan that is typically several hundred pages long. This regulatory scheme is described as a "goal oriented" approach that inculcates a "safety culture" within companies that operate offshore in the British portion of the North Sea because it overcomes a "box-ticking" mentality and constitutes "bottom up" implementation of safety measures. Safety cases are strictly confidential: only company officials, regulators and, in limited circumstances, worker representatives, are allowed to see the entire plan. This paper argues that the safety case approach should not come to America because this confidentiality and the risk levels tolerated by the British system conflict with the both the spirit and the letter of American law.
British regulations allow the plans to be no more protective than preventing one in 1,000 worker deaths and require operators to spend no more than $1.5 million per life saved. These standards are far more lax than comparable American legal requirements. The use of quantitative risk assessment and cost benefit analysis within the plans means that they must be prepared by technical experts far removed from an oil rig, suggesting that safety cases are not "bottom up" vehicles for ensuring best operational practice. The U.S. now fields only 55-60 inspectors to cover 3,500 facilities in the Gulf. To be even minimally effective, a safety case regime would require increasing available overseers by orders of magnitude, a prospect that is unlikely given the political climate in Washington. Lastly, a British study of conditions in the North Sea suggest alarming neglect of the physical infrastructure that ensures safety, further undermining claims that the safety case system is as effective as its advocates claim."
"The catastrophic oil spill in the Gulf of Mexico last spring and summer has triggered a frantic search for more effective regulatory methods that would prevent such disasters. The new Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) is under pressure to adopt the British "safety case" system, which requires the preparation of a facility-specific safety plan that is typically several hundred pages long. This regulatory ...
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