Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-602 - GENERAL SAFETY REQUIREMENTSOperators will operate and maintain all Oil and Gas Facilities in a safe manner. Operators will train their employees in the safe conduct of all job responsibilities, including safe operation and location of all equipment. An Operator will ensure that all contractors, subcontractors, and persons directly under the Operator's control on an Oil and Gas Location or at an Oil and Gas Facility receive adequate training and are aware of the hazards presented by the Operator's Oil and Gas Operations.
a. Operators will familiarize their employees, contractors, and subcontractors with the Commission's Rules as they relate to the person's job functions.b. Operators are responsible for training all employees so that operations can be conducted in a safe and workmanlike manner at all times. Such training will include at a minimum the review and training on standard operating procedures and best management practices for each job function.c. Operators are responsible for ensuring that operations are conducted with due regard for the safety of employees, for the preservation and conservation of property, and for protecting and minimizing adverse impacts to public health, safety, welfare, the environment, and wildlife resources.d. Operators will establish and maintain a written operations safety management program for all Oil and Gas Operations. The operations safety management program will establish operational practices and procedures for safety and will include at a minimum a: (1) Change management program; and(2) Pre-Startup safety program for all new and existing Oil and Gas Locations.e. Employees, contractors, and subcontractors will immediately report unsafe and potentially dangerous conditions to their supervisor and any such conditions will be remedied as soon as practicable.f. In the event of a situation that requires operations to cease due to an imminent threat to safety, the Director may order a safety shut-in of an Oil and Gas Location until the imminent threat to safety is resolved. If the Director requires an Operator to take action pursuant to Rule 602.f, the Operator may appeal the Director's decision to the Commission pursuant to Rule 503.g.(10). The matter will not be assigned to an Administrative Law Judge pursuant to Rule 503.h. The Commission will hear the appeal at its next regularly scheduled meeting. Operators will continue to comply with any requirements identified by the Director pursuant to Rule 602.f until the Commission makes a decision on the appeal. The Commission may uphold the Director's decision if the Commission determines the Director had reasonable cause to determine that an Operator's actions posed an imminent threat to safety, and that the action required by the Director was necessary and reasonable to address those impacts or threatened impacts. If an Operator does not appeal the Director's decision pursuant to this Rule 602.f, the Director will report the decision at its next regularly scheduled hearing.g. Operators will notify the Director and the Local Government of the applicable jurisdiction of reportable safety events at an Oil and Gas Facility. Reportable safety events include:(1) Any accidental fire, explosion, detonation, uncontrolled release of pressure, or loss of Well control, vandalism or terrorist activity, or any accidental or natural event that damages equipment or otherwise alters an Oil and Gas Facility so as to create a significant Spill or Release, fire hazard, unintentional public access, or any other condition that threatens public safety;(2) Any accident or natural event at an Oil and Gas Facility that results in a reportable injury as defined by the U.S. Department of Labor, Occupational Safety and Health Administration ("OSHA"), 29 C.F.R. § 1904.39 (2021). Only the January 15, 2021 version of OSHA's 29 C.F.R. § 1904.39 applies to this Rule; later amendments do not apply. All materials incorporated by reference in this Rule are available for public inspection during normal business hours from the Public Room Administrator at the office of the Commission, 1120 Lincoln Street, Suite 801, Denver, CO 80203. In addition, 29 C.F.R. § 1904.39 (2021) is available from OSHA's Office of Regional Administrator, Colorado Region VIII, 1244 Speer Blvd, Suite 551, Denver, CO 80204, and is available online at https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.39;(3) Any Spill or Release of hazardous Chemicals reportable to another state or federal agency, or a Grade 1 Gas Leak; and(4) Any accident or natural event at an Oil and Gas Facility that results in: A. An injury to a member of the general public that requires medical treatment; orB. Damage to lands, structures, or property on or off the Oil and Gas Location.h. Operators will provide initial notification of a reportable safety event described in Rule 602.g.(1)-(4) above, as soon as practicable, but no more than 6 hours after the safety event. A Form 22, Accident Report, will be submitted to the Director within 3 days of the reportable safety event. (1) At the Director's request, the Operator will submit a supplemental report that details the root cause, information about any repairs, or other information related to the accident.(2) At the Director's request, the Operator will present its root cause report about the accident to the Commission or to an oil and gas safety review organization approved by the Director.i. Where unsafe or potentially dangerous conditions exist at an Oil and Gas Location and first responders or Commission Staff are on-site, the Operator will respond to and be present at the Location with first responders or Commission Staff.j. Each Operator will have a functioning emergency response plan that provides for the effective management of situations that may arise from Oil and Gas Operations. All existing and proposed Oil and Gas Locations will have an emergency response plan in place that has been coordinated with, and approved by, the local emergency response agency. The plan may be developed to cover all Oil and Gas Locations within a Field or geographical area so long as the emergency response agency agrees. (1) After the initial emergency response plan has been coordinated with, reviewed by, and approved by the local emergency response agency, the emergency response plan will then be reviewed and updated at intervals designated by the local emergency response agency.(2) After approval of a Form 9, Transfer of Operatorship pursuant to Rule 218.e, the Buying Operator will coordinate with the local emergency response agency to update the emergency response plan as appropriate.k. Vehicles not necessary for drilling, production, servicing, or seismic operations will be located a minimum distance of 100 feet from the wellbore, or a distance equal to the height of the derrick or mast, whichever is greater. Operators will take equivalent safety measures where terrain, location, or other conditions do not permit this minimum distance.l. Existing Production Facilities are exempt from the provisions of the Commission's Rules with respect to minimum distance requirements and setbacks unless they are found by the Director to be unsafe.m. Operators will provide self-contained physically secured sanitary facilities during drilling operations and at any other similarly staffed Oil and Gas Location or Oil and Gas Facility, and ensure that waste remains contained within the sanitary facilities.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022