Published in 24/04/2019 -
Author Mauricio Almeida
NR 37 OF THE MINISTRY OF LABOR AND ITS IMPLICATIONS REGARDING THE DECOMMISSIONING, DISMANTLING AND PROTECTION AGAINST IONIZING RADIATION OF OIL PLATFORMS
Article 02
On the implications related to the Decommissioning and Dismantling of platforms
As already mentioned in the first article, NR 37, published at the end of 2018, introduced several requirements related to health and safety on oil platforms, including rules related to decommissioning and dismantling.
Although it has an exclusive section on the subject (item 6. Commissioning, Expansion, Modification, Maintenance, Repair, Decommissioning and Dismantling), the NR presents regulatory matters related to the subject in several scattered sections.
2.1 – Terminology
For better understanding, it is important to begin by analyzing the concepts of decommissioning and dismantling presented by the NR (Brazilian Regulatory Standard). In its Glossary (item 33. Glossary), there are several concepts regarding the nomenclature indicated in the document. Three concepts should be extracted from the Glossary, namely: Platform life cycle, Decommissioning, and Dismantling.
The first is addressed as follows: “Platform life cycle – consists of the construction, commissioning, operation, modification, decommissioning, and dismantling of platforms.” In this item, the platform's cycle is summarized, from its construction to the end of its operation. It can already be observed that dismantling comes right after decommissioning, separated by “and,” that is, they are two distinct things where dismantling is the last stage.
Decommissioning, in turn, is presented in the NR (Brazilian Regulatory Standard) as: “Decommissioning – a set of legal, technical and engineering procedures applied in an integrated manner to a pipeline or submarine system, aiming to ensure that its deactivation or removal from operation meets the conditions of safety, environmental preservation, reliability and traceability of information and documents.” In other words, decommissioning is the act of safely stopping the operation of the platform.
And at the end, dismantling occurs, which is presented by the NR as follows: “Dismantling – consists of the complete disassembly of the platform in a location designated for this purpose, aiming at the recycling of its components, after the end of its useful life period.”
In other words, dismantling is the final stage where the platform structure is disassembled (at an Integrated Dismantling Center – located onshore) and the parts are sent to the appropriate place for recycling.
2.2 – From item 6 of NR 37
Beyond the concepts mentioned above, it is important to analyze the sections of the NR (Regulatory Standard) dealing with topics related to decommissioning and dismantling.
As already mentioned, the NR has a specific item on the subject (item 6), which is being discussed here.
This item, related to the activities of Commissioning, Expansion, Modification, Maintenance, Repair, Decommissioning and Dismantling of platforms, begins by indicating that in addition to the requirements of NR 37, some requirements contained in NR 34, concerning Working Conditions and Environment in the Shipbuilding and Repair Industry, must also be observed.
Afterwards, it indicates that when the activities described above are carried out during simultaneous operations on board the platform, the following must be done: (i) risk analyses must be prepared, (ii) the recommendations of the risk analyses must be implemented beforehand, (iii) the respective work permits and confined space entry permits must be issued, when applicable, and (iv) periodic monitoring by an occupational safety professional, at a rate of 2 simultaneous operations per professional.
Regarding each item, the following comments are worth mentioning:
a) The necessary risk analyses must be prepared. It is suggested that when the risk analysis required by ANP, MB and IBAMA to authorize the start of activities is carried out, equal emphasis should be given to activities inherent to HSE, in order to avoid unnecessary duplication of activities.
b) The recommendations of the risk analyses must be implemented beforehand. Based on the recently issued Decommissioning Notice for the Canção project, which requests that: “The CONTRACTOR must issue a Decommissioning Guideline describing all activities to be performed throughout all decommissioning, removal, and disposal tasks. The Project Document List and the Decommissioning Guideline will be issued for PETROBRAS's comments and approval.”
The risk analysis, once approved, must immediately become part of the Decommissioning Guidelines, as well as the Decommissioning Management Plan.
c) Issue the respective work permits and confined space entry permits, when applicable. This is a routine activity required during construction and operation, and is nothing new. d) Periodically accompanied by an occupational safety professional, at a rate of 2 simultaneous operations per professional; Adequate planning is important in order to establish the number of professionals that will be needed, preventing the activity from being paralyzed due to a lack of qualified professionals.
Following this, the NR (Regulatory Standard) determines that the company operating the installation must file a document with the SRTb – Regional Superintendence of Labor at least thirty days in advance, informing of “scheduled shutdowns, activities involving the coupling of maintenance and safety units, or activities that imply an increase in the platform's population above the capacity initially approved by the Maritime Authority.” Furthermore, the company contracted to perform this operation must keep on board proof of formal notification to all platform workers, through general instructions given at the time of boarding, for up to one year after the end of the campaign.
The NR (Regulatory Standard) also establishes the minimum information that must be included in the prior notification, such as the platform, a description and period of services, as well as the estimated number of workers required to perform the service, the name, address, and CNPJ (Brazilian tax ID) of the service providers, and the platform's occupancy limit prior to and during the activities. It also emphasizes that the operator must keep on board a copy of the document issued by the Maritime Authority authorizing the increase in occupancy.
The company responsible for decommissioning must also submit a document to the SRTb (Regional Superintendence of Labor and Employment) up to 30 days before the end of the operation. In this specific case, there are two possibilities: starting the decommissioning on a fully operational platform, in which case the provisions of this item must be fully complied with, or starting on a platform that is no longer in operation, as is the case with Cação, which is already a decommissioned unit, with the decommissioning operation being carried out almost entirely externally. In the specific case of Caçao, we understand that it must communicate not only the start but also the end of such operations to the SRTb.
Finally, workers must be guaranteed minimum living conditions as required by the NR. However, in an emergency situation where living conditions are not fully met, the operator must ensure: (i) the right of refusal of the workers involved, without the need for justification, (ii) the application of item 3.4 of NR-03 (Embargo and Interdiction), in the existence of conditions of serious and imminent risk on board, (iii) the disembarkation of workers involved in response actions, during their rest period, and (iv) compliance with the provisions of sub-item 37.14.4.5 of this NR for living areas. The indicated item presents minimum requirements for unmanned platforms, such as sanitary conditions, hygiene, and sufficient comfort for workers' meals, among others.
2.3 – Regarding item 8 of NR 37:
Item 8 of NR 37 deals with the training, qualification, and certification of workers on oil platforms and has several sub-items. However, the subject of decommissioning and dismantling is mentioned in two sub-items.
In the first case (item 37.8.10.4), when indicating the occasions in which occasional training will be carried out, the situation of decommissioning and dismantling of platforms is mentioned.
Following (item 37.8.10.5) it also indicates that installation operators must ensure basic training of at least four hours when workers perform specific, punctual and occasional tasks, such as decommissioning and dismantling, also indicating the minimum programmatic content of such training, such as “a) preliminary risk analysis: concepts and exercises; b) permission to work, cold or hot, in the presence of fuels and flammable materials; c) chemical additives and composition of fluids used in drilling, completion, restoration and stimulation operations, when applicable; d) notions of the platform's fire prevention and fighting systems.” It should be noted that in item d) the professional must possess not only knowledge of fire fighting, but also more specific training in cases similar to Caçao (uninhabited platform), as well as complete knowledge of the fire fighting and evacuation plan for the unit being decommissioned in case of fire.
2.4 – From item 11 of NR 37
Item 11 of NR 37 deals with the PPRA (Environmental Risk Prevention Program), and indicates in its sub-item 37.11.2 that in the preparation of the PPRA, the company must also consider the risks generated by service providers, including in the case of decommissioning.
2.5 – Regarding item 14 of NR 37
: Item 14 of NR 37, related to Living Conditions on Board, in its item 37.14.6.4.1, when dealing with temporary accommodation modules, indicates that such a module can only be installed to increase the platform's accommodation capacity in specific cases, such as decommissioning and dismantling, among others, subsequently presenting the requirements for such a module.
2.6 – Regarding item 25 of NR 37:
Item 25, related to Operational Procedures and Work Organization, indicates that operational procedures must present clear and specific instructions so that activities are carried out safely, indicating each of the phases, including decommissioning.
2.7 – Regarding item 27 of NR 37
Finally, item 27 of NR 37, related to the prevention and control of leaks, spills, fires, and explosions, indicates in sub-item 37.27.4.1 that, as a rule, the storage of materials in containment basins is prohibited, except during certain activities, including the decommissioning and dismantling of equipment protected by the basin.
2.8 – Conclusion
This highlights the general requirements contained in NR 37 specifically related to decommissioning and dismantling. The full text of NR 3, 34, and 37, and Ordinance 1186, are available on the SIGMA Consultoria BLOG on the website (www.sigmaconsultoriarj.com.br). The third article will be published on May 1, 2019, under the title: “Protective measures involving contact with naturally occurring radioactive materials (Norm / Tenorm) in the decommissioning and dismantling of platforms”.
Mauricio Almeida & Rodrigo Marquett