Inspections

Inspections are a critical part of NOPSEMA’s compliance strategy and are undertaken for a range of reasons, including to monitor duty holder’s compliance with relevant legislation, including the commitments they made in their permissioning documents. They can also be used if there is an emergency to determine if emergency response provisions have been/are being complied with, and to promote and advise on areas of NOPSEMA’s regulatory expertise.

Prior to undertaking an inspection, NOPSEMA will establish the inspection priorities. This involves considering the inherent and emerging risks to each regulatory area and targeting resources on areas of higher risk and/or greater likelihood of non-compliance. For a full list of risk factors refer to table 1 in document N-02000-PL1523.

NOPSEMA inspections can occur in a range of locations, including at an offshore facility, onshore premises or a duty holder’s regulated business premises. Where required, inspections can also be conducted remotely.

Inspections are scheduled through NOPSEMA’s annual inspection program, which is reviewed and updated regularly to ensure that inspection resources are focused on the areas of highest risk.

In most cases, NOPSEMA will provide advance notice of inspections to the relevant duty holder via an Inspection Brief. However, NOPSEMA may also undertake short, or no-notice inspections in response to evolving compliance issues or as part of compliance programs.

An inspection starts when a written brief is provided to the duty holder. NOPSEMA inspections are conducted with a team consisting of at least (but not limited to) two NOPSEMA inspectors. Inspectors may sample multiple areas in order to form a reasonable conclusion regarding the compliance (or not) of those areas and the potential regarding non-compliance.

NOPSEMA will aim to ensure that duty holders are fully aware of the role and purpose of inspections by providing an Inspection Brief and conducting “entry” and “exit” meetings with the duty holder(s) and other relevant personnel.

NOPSEMA inspectors will also, where possible, meet with HSRs to provide them an opportunity to consult and gain their insights on the area being inspected where it is likely to impact them.

The OPGGS Act and associated regulations provide NOPSEMA inspectors with powers to conduct inspections, including powers to require reasonable assistance from duty holders. This may include travel to a facility, and provision of accommodation and workspaces.

A NOPSEMA inspection does not seek to establish the full extent of compliance, the definitive causes of non-compliance or the associated level of risk – this is and remains the obligation of the duty holder.

The OPGGS Act requires that an inspection report includes the NOPSEMA inspector’s conclusions from conducting the inspection and the reasons for those conclusions, and any recommendations that the NOPSEMA inspector wishes to make arising from the inspection.

NOPSEMA is obliged under law to provide duty holders (and where applicable associated duty holders) with a copy of the inspection report. NOPSEMA will also provide a letter which may highlight non-compliance indicating significant risk, systematic non-compliance and failure to take action regarding previous non-compliances.

For conclusions relating to non-compliance, NOPSEMA will (if reasonably confident that the duty holder is capable and willing to investigate and address the non-compliance in a timely manner), request the duty holder to provide details of the actions they will take to address conclusions or otherwise will request the duty holder to provide specific details of the actions the duty holder has or intends to take to manage, review and prevent the non-compliance.

The level and extent of details requested will be commensurate with the nature and seriousness of the non-compliance.

NOPSEMA’s policy is to formally write to the primary duty holder’s senior management, regarding any comments that NOPSEMA wishes to make and provide the duty holder with a copy of the inspection report. NOPSEMA’s comments may be used to highlight significant risk gaps and/or non-compliance with permissioning documents and any perceived emerging risks.