Ghana
Answer ... A contractor must conduct petroleum activities in a manner that ensures a high level of safety is achieved, maintained and further developed in accordance with technological advancements, best international practices and the applicable enactments relating to health, safety and labour. A contractor must implement, maintain and update a management system to ensure compliance with the Petroleum (Exploration and Production) (Health, Safety and Environment) Regulations. A contractor must also ensure that employees understand their duty to contribute to the prevention of accidents and receive adequate training, among other things.
A contractor must also submit a health and safety plan to the Petroleum Commission at least three months before commencement of the relevant petroleum activity in accordance with Section 73 of the Petroleum (Exploration and Production) Act and Regulation 8 of the Petroleum (Exploration and Production) (Health, Safety and Environment) Regulations. The plan must give consideration to the specific nature of activities, local conditions and operational assumptions, and must include:
- health, safety and environment targets;
- training and competence development;
- organisational arrangements;
- performance standards;
- waste management; and
- emergency preparedness and response for the relevant petroleum activity.
The plan must be updated annually and in case of a significant modification, change or new stage of existing petroleum activities not already catered for in the existing plan. The contractor must further prepare and submit a safety case to the Petroleum Commission at least six months before the commencement of operation or decommissioning of a petroleum facility. The safety case must include:
- a description of the petroleum facility;
- technical and other control measures; and
- a risk and emergency preparedness analysis.
To ensure the systematic maintenance and continuous improvement of petroleum facilities, a maintenance programme must be drawn up in accordance with Regulation 96 of the Petroleum (Exploration and Production) (Health, Safety and Environment) Regulations, stating the maintenance activities that will be conducted in order to:
- monitor performance; and
- identify, correct and control fault modes that pose a risk to the petroleum facilities, health, safety or the environment.
Additionally, the results of risk assessments, analysis, mappings, measurements, causes of work-related illnesses, accidents and near-misses must be submitted to the Petroleum Commission within one month of the assessment, as required under Regulations 9(4) and 133(c) of the Petroleum (Exploration and Production) (Health, Safety and Environment) Regulations.
Ghana
Answer ... The Petroleum Commission is responsible for health and safety regulations in the oil and gas sector. An operator must immediately report accidents to the Petroleum Commission via telephone and email. Notification of the accident must then be confirmed by a letter within 48 hours of the occurrence of the accident in accordance with Regulation 159 of the Petroleum (Exploration and Production) (Health, Safety and Environment) Regulations.
Ghana
Answer ... The specific consequences of a breach of the health and safety requirements depend on the requirement breached. Anyone that breaches a requirement of the Petroleum (Exploration and Production) (Health, Safety and Environment) Regulations may be liable:
- to pay an administrative penalty of approximately $100,000 and a fine of between approximately $20,000 and $100,000, and for continuing offences, a fine of up to $2,000 for each day during which the offence continues;
- to a term of imprisonment between one and three years; or
- to both a fine and imprisonment.
As stated in the Petroleum (Exploration and Production) Act, anyone that undertakes petroleum activities in contravention of the Act is liable on summary conviction to a fine of between approximately $20,000 and $100,000, and in the case of a continuing offence, to a fine of up to $2,000 for each day during which the offence continues. Where this and other specified offences are committed by a body corporate, a director, officer or any other person involved in the management of the body corporate is deemed to have also committed the offence and will therefore be liable to the applicable penalty. However, such a person can escape liability on proof that:
- due diligence was exercised to prevent the commission of the offence; and
- the offence was committed without the knowledge, consent or connivance of that person.
Ghana
Answer ... Oil and gas operators should adopt international best practices that are compatible with the health and safety requirements prescribed under Ghanaian law. Petroleum activities must be conducted in a manner which ensures that a high level of safety is achieved and maintained.
Ghana
Answer ... The regulator insists on strict compliance with health and safety standards. Fines will normally be imposed strictly as soon as it comes to the notice of the Petroleum Commission that the relevant requirements have been breached.