On December 30, 2019, the Bureau of Safety and Environmental Enforcement (BSEE) Inspectors working offshore discovered that a level safety high had been improperly deactivated with a zip tie, resulting in the issuance of a P-103 incident of noncompliance (INC). There have been multiple instances across the Gulf of Mexico in which operators have failed to bypass or block out-of-service devices in accordance with the Code of Federal Regulations (CFR), specifically 30 CFR 250.869(a).
Per 30 CFR 250.841, all platforms must have a surface safety system in accordance with the American Petroleum Institute (API) Recommend Practice (RP) 14C. The safety analysis outline in the RP states that the safety system should provide two levels of protection. It further explains that when bypassing a safety device improperly, the safety system is compromised and presents hazards to personnel and the environment.
In the past three years, over 40 P-103 INCs have been issued. Reflective of the severity of the safety hazard related to this incident, an operator who receives a P-103 violation can face a civil penalty fine of up to $44,675 per day. In addition, BSEE has the option to escalate willful violations into criminal investigations at the individual or company level. CLICK HERE for this Alert.