1. Gas Safety

Background

Under legislation, the CER has responsibility to:

• Regulate the activities of gas undertakings and gas installers from a safety perspective; and,

• Promote the safety of gas customers and the general public with regards to the supply, storage, transmission, distribution and use of gas.

The CER discharges these responsibilities through the ongoing operation and review of its “Gas Safety Regulatory Framework”. This Framework comprises a collection of regulations, written regulatory documents and procedures, which together describe how the CER regulates the sector. This is discussed below.

The Gas Safety Framework

The Gas Safety Framework has been put in place by the CER to protect the public from the safety risks that may arise from the activities of the various undertakings involved in the supply, storage and transmission and distribution of gas, as well as gas installers.

The following are the main goals of the Gas Safety Framework in relation to these activities:

• Minimising the risk of loss of containment of gas. i.e. gas leaks from pipelines and pipework;

• Maintaining a safe system operating pressure of gas in the pipeline network;

The Commission for Energy Regulation (CER) is Ireland’s independent energy regulator, established in 1999.

Initially the CER’s primary role was as economic regulator of Ireland’s electricity and then, from 2002, natural gas sectors. In 2006 the CER also became an energy safety regulator. This role has developed over time and the CER now regulates the safety of natural gas undertakings, liquefied petroleum gas (LPG) undertakings, gas installers, electrical contractors and petroleum exploration and extraction activities.

This CER factsheet explains the CER’s roles in energy safety regulation. The factsheet covers the CER’s energy safety roles in relation to:

1. Gas Safety;

2. Electrical Safety; and,

3. Petroleum Safety.

For further information on our safety role and associated CER energy safety publications, please see the CER’s website at www.cer.ie.

CER Factsheet on Energy Safety Regulation

August 2014

• Minimising the risk of injecting non-conforming quality of gas into the pipeline network;

• Providing an efficient and co-ordinated response to gas emergencies;

• Minimising the safety risks associated with the utilisation of gas; and

• Promoting public awareness of gas safety.

The Gas Safety Framework is the means by which the CER regulates this infrastructure and it enables the CER to ensure that undertakings are managing their safety risks in storage, transmission, distribution, supply and use of gas.

To put this in perspective, the map below illustrates the full extent of the natural gas transmission and distribution pipeline network Ireland. In total the CER regulates approximately 2,400 km of transmission pipes and over 10,800 km of distribution pipelines which deliver gas to over 640,000 residential, business and industrial customers.

Source: BGE website, January 2012

The CER also regulates Liquefied Petroleum Gas (LPG) undertakings operating piped distribution networks. LPG distribution networks refer to sites where multiple domestic final customers are supplied with LPG from a single LPG tank.

The effectiveness of the Gas Safety Framework is subject to continuous review and improvement to ensure an adequate level of gas safety in Ireland. The Gas Safety Framework is made up of several components, which are explained below.

1. A Gas Safety Case Regime

Any proposed gas undertaking - covering activities such as supply, storage, transmission or distribution - seeking to participate in the gas market in Ireland is required to submit a Safety Case to the CER for review and acceptance before a licence to operate will be issued. The Safety Case is a documented demonstration by the proposed gas undertaking that acceptable safety arrangements for the management of gas-safety related risks are in place and working effectively on a day-to-day basis. Before a Safety Case can be accepted and a licence issued by the CER, it must go through an assessment process which usually takes approximately 2 to 3 months. A key part of the assessment process is to review the undertaking’s emergency procedures in the event of a gas emergency.

2. An Audit and Inspection Regime:

Following the CER’s acceptance of an undertaking’s submitted Safety Case, the CER carries out audits and inspections of the undertaking to ensure, amongst other things, that the safety systems and procedures referred to in the Safety Case are being adhered to in practice.

3. A Gas Safety Supervisory Body

BACKGROUND

Under legislation, the CER has responsibility to regulate gas installers with respect to safety. In order to fulfil this safety function the CER appointed the Register of Gas Installers of Ireland (RGII) as the Gas Safety Supervisory Body (GSSB) in 2008 for a period of 7 years on a not for profit basis. The RGII is responsible for registering and regulating gas

installers with respect to safety. The Registered Gas Installer (RGI) scheme went live on 26th June 2009, replacing the old self-regulatory regime.

Initially the scheme applied to domestic natural gas installers only but it was extended to include domestic Liquefied Petroleum Gas (LPG) installers in June 2011. In time the scheme may be further extended to include commercial gas installers.

ROLE OF THE RGII

The RGII maintains a register of RGIs ensuring they are appropriately qualified and insured. The RGII also carries out ongoing audit and inspections of each RGI to confirm they are working to the appropriate national safety standards. They also validate and process Declaration of Conformance Certificates. These are the certificates which RGIs provide to customers to certify that work has been carried out to the appropriate standard.

From a customer perspective, anyone who wishes to carry out “Gas Works” (see next) in the home, e.g. service, replace or install a domestic natural gas or LPG appliance or boiler - must be an RGI, which means that they must be registered with the RGII. By law only a RGI can carry out Gas Works related to domestic appliances.

WHAT ARE “GAS WORKS”?

Works which are “Gas Works” means the installation, removal, repair, servicing, maintenance or replacement of a Natural Gas or a non-portable LPG Fitting covered by I.S. 813 or I.S EN 1949, which is used or designed to be used by a domestic customer, or used or designed to be used by a domestic customer but which is installed in a commercial or an industrial premise. The most common works which come under this definition includes the servicing of a domestic natural gas or LPG boiler. Non-portable domestic LPG appliances located in a caravan, motor caravan or caravan holiday home are also included.

It is a criminal offence for any person who is not a RGI to undertake these Gas Works. It is also a criminal offence to portray oneself as a Registered gas Installer unless they are registered with RGII. The penalties for these offences are:

(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both; or

(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or both.

These penalties reflect the seriousness of failing to comply with the gas safety regulatory process. In November 2010 the CER successfully prosecuted a person for installing a gas boiler in a premise in Co. Kildare whilst not being registered with RGII. The Court noted the severity of the offence, convicted the person and imposed a fine. This prosecution was the first of its kind by the CER and shows that the CER will use the law to enforce safety standards where necessary. The CER has subsequently undertaken a further five prosecutions against individuals that carried out Gas Works while not being registered, bringing the total to six (as of May 2014).

SAFETY ADVICE & CONTACTS

There are many steps customers can take to ensure the safety of natural gas and LPG installations in the home, such as having appliances serviced regularly by an RGI.

If you are having a domestic gas appliance installed, serviced or repaired in your home, mobile home or caravan, always ensure you use a RGI. By law, only an RGI can carry out this work. An RGI must issue you with a Certificate of Conformance for any gas works carried out. You can report cases of unsafe gas work or suspected cases of where gas work was carried out illegally by an unregistered individual through www.rgii.ie or alternatively contact RGII on 1850 454 454.

For further information and to find an RGI please go to the RGII website www.rgii.ie or contact RGII on 1850 454454.

4. Reporting Regime

The purpose of the Reporting Regime under the Gas Safety Framework is to provide sufficient information to enable the CER to make a judgement on:

• whether gas undertakings and the RGII are operating in compliance with the Gas Safety Framework;

• the safety performance of individual undertakings and the RGII; and

• whether or not the desired safety outcomes of the Gas Safety Framework are being achieved.

There are three levels of safety reporting requirements:

• Immediate Incident Reporting, where gas undertakings report an incident to the CER (see next);

• Quarterly Safety Reporting, where gas undertakings and the RGII submit a report to the CER based on a suite of key safety performance indicators; and,

• Annual Safety Reporting, where the CER submits a report to the Minister for Communications, Energy and Natural Resources on the gas safety outcomes for the industry and the performance of the Gas Safety Framework.

5. Incident Reporting

If a gas safety incident occurs, the gas undertaking involved is required to notify the CER of the incident as soon as possible. Set procedures are followed by the CER and the undertaking, which vary depending on the gravity of the situation. An investigation is carried out, the outcome of which provides the CER with findings on the lessons that can be learned from the incident and recommendations to be implemented to prevent similar incidents occurring again in the future. These recommendations can include changes to the undertaking’s work practices or tailoring safety awareness campaigns to focus on particular risks, such as the dangers of carbon monoxide.

6. Gas Safety Promotion

The CER is involved in co-ordinating gas safety promotional activities and initiatives carried out by gas undertakings, via media such as television, radio, national press and the internet. Examples of campaigns that have been developed and/ or are an ongoing activity are:

1. An annual Carbon Monoxide awareness campaign to highlight the dangers of Carbon Monoxide. See www.carbonmonoxide.ie for details or phone 1850 79 79 79;

2. Campaigns relating to the correct course of action to be taken when any individual smells gas (1850 20 50 50);

3. Campaigns to highlight the need to Dial-Before-You-Dig (1850 42 77 47) in order to avoid damage to the gas network; and

4. Campaigns to highlight that by law only Registered Gas Installers can carry out gas works relating to domestic appliances.

2. Electrical Safety

Background

The Energy (Miscellaneous Provisions) Act 2006, granted the CER powers in relation to electrical safety. Following this, the CER set about consulting with the general public as to how best the scheme for the regulation of electrical contractors should be operated. This process led to the publication of the Criteria Document in 2008. The Criteria Document sets out the detailed rules and obligations for participants operating within the electrical safety regulatory scheme.

In late 2008 the CER appointed two bodies to act as electrical Safety Supervisory Bodies (SSBs) and to carry out the day-to-day operation of the scheme - the Electrical Contractors Safety & Standards Association Ireland (ECSSAI) Ltd and

the Register of Electrical Contractors of Ireland (RECI) Ltd. Both SSBs were appointed to fulfil the safety function on behalf of the CER (on a not-for-profit basis) for a period of seven years from 5th January 2009, replacing the self-regulatory model operated previously. The CER remains responsible for policy decisions regarding electrical safety and the operation of the regulatory scheme.

Safety Supervisory Bodies

Both SSBs must ensure that electrical contractors who wish to become registered have attained all of the required criteria, as set out under the rules of the scheme.

The SSBs are responsible for ensuring that each Registered Electrical Contractor (REC) is assessed on a regular basis to ensure that they are operating in line with the appropriate national safety standards and technical rules. The SSBs are also responsible for

distributing and processing certificates that a REC must issue to a customer once the electrical work is complete. In addition both SSBs are responsible for dealing with queries and investigating complaints received about RECs.

Registered Electrical Contractors

All RECs are required to have in place insurance cover and will issue a certificate to state that the electrical work completed by them in a domestic or commercial environment has been completed to the required standard. Each REC who is registered with one of the SSBs is required to demonstrate that they or an employee who certifies the electrical work has obtained a recognised National Craft Certificate as an electrician (or another suitable electrical qualification) and has completed a recognised electrical verification, testing and certification course.

A complete list of Registered Electrical Contractors operating in Ireland is available on the Safe Electric website www.safeelectric.ie. The Safe Electric scheme promotes the use of only Registered Electrical Contractors in Ireland, highlighting the safety benefits. Only RECs may display the Safe Electric logo.

It is a criminal offence for anybody to portray themselves as a REC unless they are registered with

one of the electrical Safety Supervisory Bodies.

What are “Controlled & Restricted Electrical Works”?

A cornerstone of the electrical safety scheme is the concept of Controlled and Restricted Electrical Works, defined as follows:

Controlled works

Controlled works are electrical works which must be certified if completed by a REC. If this work is completed by a non REC and a certificate is required, an application can be made to either RECI or ECSSAI and they will arrange for a certificate to be issued if the work has been carried out appropriately, except in instances regarding Restricted Electrical Works where a REC must complete those works – see the Restricted Works section below for further information. The CER recommends that customers hire RECs to carry out controlled electrical works.

Controlled works include, for example, most electrical works in a commercial setting, but would not include minor electrical works in a commercial setting. Examples of minor works are like-for-like replacements of switches, moving light fittings without affecting the circuit or adding a socket to an existing circuit.

It is through this system that the CER, and by extension the SSBs, ensure that the work carried out reaches the required safety standards, so when a customer hires a REC to carry out work they can have peace of mind.

Restricted works

By law, from 1st October 2013 anyone wishing to carry out Restricted Electrical Works must be registered under the Safe Electric scheme (i.e. they must be a REC). Parties that carry out Restricted Electrical Works, but are not registered will be subject to prosecution.

Restricted Electrical Works encompass electrical work in a domestic premise. For the complete definition refer to the decision paper on the Scope of Restricted Electrical Works (CER 13/147). Restricted work does not include small works such as like-for-like replacements (e.g. switches), moving light fittings without affecting the circuit and adding a socket to an existing circuit.

The introduction of this requirement, which means that by law only a REC can carry out Restricted Works, is designed to protect the safety of individuals and property in domestic premises. Statistics reported by fire authorities for the years 2000 to 2006 indicated that electrical installation faults are the cause of approximately 8 fires per week in Ireland.

Safety Advice

Customers can ensure the safety of their electrical installation in the home by ensuring that only a REC carries out any major electrical work in their home.

Customers can also have an inspection (referred to as a periodic inspection) carried out by a REC to determine if there are any issues.

To find a REC visit www.safeelectric.ie

3. Petroleum Safety

Background

The CER gained responsibility for the safety regulation of Ireland’s petroleum (oil and gas) exploration and extraction activities under the Petroleum (Exploration and Extraction) Safety Act 2010, (the ‘2010 Act’).

The 2010 Act gave the CER the following functions in relation to petroleum activities:

• The regulation of designated petroleum activities of petroleum undertakings with respect to safety;

• The issuance of Safety Permits;

• The monitoring and enforcement of compliance of undertakings with their obligations;

• The investigation and reporting to the Minister on petroleum incidents; and

• The provision of safety information to the public.

The Petroleum Safety Framework, the Framework under which the CER carries out its petroleum safety regulatory role, describes the system that is used to regulate petroleum undertakings. It covers ‘upstream’ activities, i.e. those onshore and offshore activities involved in the exploration or extraction of oil and gas in Ireland, and its subsequent processing. This links with the ‘downstream’ CER safety regulatory functions under the Gas Safety Framework that focuses on transmission and distributions pipelines, as mentioned in Part 1 of this Factsheet. The figure below illustrates where upstream and downstream activities and infrastructure are divided: the red pipes illustrate upstream infrastructure and activities, while the yellow depict downstream.

The following are the five key roles the CER has under the Framework:

1. Foster and encourage safety in petroleum exploration and extraction activities;

2. Actively monitor and enforce compliance of petroleum undertakings with their obligations;

3. Promote a regulatory framework that encourages continuous improvement of safety;

4. Work with other authorities to achieve our vision; and

5. Provide safety information to the public.

A key goal of the CER of the Petroleum Safety Framework is to ensure it remains in line with best practice internationally.

What is a ‘Designated Petroleum Activity’?

A petroleum undertaking can only carry out a designated petroleum activity upon approval of a Safety Case by the CER, and the issuance of a safety permit for that activity. The CER has prescribed what constitutes a designated petroleum activity and broadly speaking this includes:

1. Exploration activities such as drilling for oil and gas;

2. Production of petroleum; and

3. Decommissioning of petroleum infrastructure.

A petroleum undertaking must submit a safety permit application to the CER for approval in order to gain a safety permit. Included in this application is a Safety Case; a document which sets how the petroleum undertaking has identified all risks to safety and the system it has put in place to control these risks. If the safety permit application meets the requirements of the CER, it will issue a safety permit for that petroleum activity.

Carrying out a designated petroleum activity without a safety permit from the CER is a criminal offence that could result in a fine of up to €3 million and/or a term of imprisonment of up to 3 years.

The map below shows the extent of the area in and around Ireland where petroleum exploration and extraction may occur. Should any petroleum exploration and extraction activities occur within this area they are subject to CER safety regulation under the Petroleum Safety Framework.

Example of upstream and downstream infrastructure and activities

Ireland’s exclusive economic zone where petroleum exploration and extraction can occur

Audit and Inspection Regime

Once a petroleum undertaking holds a safety permit to carry out a designated petroleum activity, the CER will carry out audits and inspections of that activity to ensure the petroleum undertaking is acting in accordance with its Safety Case and safety permit. This will include desk based audits of safety management system and relevant documentation and onshore and offshore onsite inspections of terminals, drill rigs and offshore production platforms.

Further details on the CER’s audit and inspection activities are set out in the CER Compliance Assurance System document which is available on the CER website.

Performance Reporting Regime

There are three levels of safety reporting requirements within the Framework:

• Petroleum Incident reporting, where petroleum undertakings must report prescribed incidents to the CER (see next);

• Quarterly Safety Performance reporting, where petroleum undertakings submit a regular report to the CER based on prescribed key safety performance indicators; and,

• Annual Safety reporting, where the CER submits a report to the Minister for Communications, Energy and Natural Resources on the petroleum safety outcomes for the industry and the performance of the Framework.

Petroleum Incident Reporting and Investigation

Petroleum undertakings are required to notify the CER of any petroleum incidents as soon as practicable after their occurrence. Upon receipt of a notification of a petroleum incident the CER may carry out an incident investigation. This can be carried out by a Petroleum Safety Officer, an officer that has additional powers under legislation to enable them to, amongst other powers, prohibit potential unsafety actions of petroleum undertakings.

Enforcement System

In order for the Framework to be effective in regulating petroleum undertakings with respect to safety, a comprehensive Enforcement System has been developed to provide the CER with robust procedures for taking necessary enforcement actions in the event of a petroleum undertaking’s non-compliance with their obligations under legislation or their safety permit.

The CER’s enforcement powers are progressive in nature and include instructing the petroleum undertaking to submit an improvement plan to the CER, where the improvement plan sets out how the petroleum undertaking will remedy a non-compliance, all the way up to the CER issuing a prohibition notice for an activity.

www.cer.ie

In the event of non-compliance, or inadequate compliance by the petroleum undertaking with specified enforcement actions taken by the CER, the CER can bring criminal prosecutions against the petroleum undertaking that can result in a fine up to €3,000,000 and/or imprisonment of up to 3 years on conviction on indictment.

Petroleum Industry in Ireland

Currently in Ireland there is one production gas facility located off the coast of Cork. This supplies approximately 5% of Ireland’s total gas requirement

with the rest of the country’s gas demand imported from the UK. The Corrib gas field which is under development also has a petroleum authorisation from the Minister for Communications, Energy and Natural Resources to extract gas. The Corrib development will require a safety permit from the CER in order to commence production activities. The Kinsale development will also require a safety permit from the CER to continue its production activity

For any queries on this factsheet, please contact Gary Martin at the CER at +353 (0)1 4000 800.

Commission for Energy Regulation

The Exchange

Belgard Square North

Tallaght, Dublin 24

T: 01 4000800 F: 01 4000850

E: info@cer.ie www.cer.ie/energy-safety