Controlling Chemical Hazards in the Oil & Gas Industry
The Controlling Chemical Hazards (CCH) guideline is ready for
industry review! The CCH committee has been diligently working on
this document for the past two years and are now at the stage where
your review and comments are needed.
The upstream oil and gas industry uses and produces a variety of
chemical products on its work sites. To create safer, healthier
work sites, everyone involved needs to raise their awareness of the
specific hazards presented by chemicals in the upstream industry.
If you work in this industry, you need to be aware of chemical
hazards and your role and responsibilities in controlling these
hazards. This guideline was written to help you get there.
This guideline adopts a management system approach to
controlling chemical hazards. This approach assumes that managing
and controlling the risks associated with hazardous chemicals
begins long before any worker actually handles or disposes of these
chemicals. In this approach, the task of managing and controlling
chemical hazards falls on a whole string of companies involved in
any given upstream project or program.
Everyone along the way has a role to play, from project planners
to supervisors and workers. The guideline can be accessed via the
this link.
View: The Controlling Chemical Hazards (CCH) guideline
Far Reaching Liability in
Hazardous Waste Disposal
By Luke Dineley, Borden, Ladner Grevais, LLP
In a recent decision by the British Columbia Supreme Court,
Enviro West Inc. v. Copper Mountain Mining Corp (2010 BCSC
1443), a waste oil collection company was awarded significant
damages when it was not informed that the oil it was hired to drain
from a transformer contained a high level of Polychlorinated
Biphenyl ("PCB"). The owner of the transformer and all the
companies down the contractual chain were found liable in the
amount of $766,033.75.
The plaintiff waste oil company, Enviro West Inc., was hired by
Boundary Electric (1985) Ltd. to drain the oil from a transformer
owned by Copper Mountain Mining Corp. Copper Mountain was
restarting a mining operation and had hired Canyon Electric to
perform a restructuring of the mine’s electrical
system. Canyon Electric subcontracted part of the work to
Boundary Electric, including the removal of the transformer, who in
turn subcontracted with Enviro West to remove the oil in the
transformer.
The parties were all aware that the oil in the transformer
contained PCBs, but both Boundary Electric and Enviro West, who
were not licensed to handle hazardous waste, believed the level of
PCBs in the oil was below the regulatory limit. Enviro West
collected the PCB laden oil from the transformer, mixed it with the
waste oil in its truck and transported the oil to a storage tank at
Enviro West’s holding facility. As a result,
approximately 91,000 litres of oil were contaminated with PCBs.
Enviro West disposed of this oil and cleaned its facility and then
brought the action seeking to recover those costs.
The court held that all the parties were liable to Enviro West.
Copper Mountain failed to take any steps to ensure the PCB waste in
its possession was handled properly, such as providing information
on the nature of the oil and its risks. If they had, Enviro
West would never have collected the oil and suffered the resulting
damage. Canyon Electric failed to advise Boundary Electric
that the transformer contained PCB laden oil or that it did not
know the PCB content of the transformer. Boundary Electric
failed to test the oil in the transformer and failed to inform
Enviro West that it had not verified the PCB content.
Each of the defendants were negligent and each
defendants’ negligence materially contributed to the
plaintiff’s loss. As a result, all the defendants were
held liable.
This case demonstrates the great diligence and care that must be
taken when dealing with hazardous waste. All efforts must be made
to ensure that it is handled properly and safely and that all
parties are fully informed.
A New Limitation Act and a New Way of Looking at
Environmental Claims
Time has not always been on the side of claimants who discover
environmental damages long after the fact. Proposed new legislation
may change all that, but it is wise to be prepared and to act
quickly when problems are discovered.
Read the latest Environmental Law Brief by BCEIA Director
Richard Bereti and colleagues at Harper Grey, LLP. Read More
Some Deals Stink:
Environmental Contamination and Land
Transactions
Lawyers like chasing down "environmental angles" on their files
just about as much as they like chasing down tax angles. Whether
it's a corporate or commercial transaction, or dealing directly
with real property, clients these days need legal and technical
guidance on lurking environmental Issues.
A convenient example is one encountered every day by commercial
solicitors: the purchase and sale of land. If there is one thing
unwitting purchasers of contaminated land have in common, it is
that each wishes they would have simply found out the site was
contaminated so that contamination could have been considered in
the deal along with all other important factors.
Some insight into this area of law can help you to avoid certain
pitfalls. Read this new insight by BCEIA Director Richard
Bereti
Dangerous Goods Regulations - Major Changes Coming
Soon
If your company ships dangerous goods, being aware of current
regulations can save your company timely delays and costly fines.
The IATA Dangerous Goods Regulations is the only manual trusted by
shippers to provide a reliable and comprehensive outline of
dangerous goods regulations.
The 52nd edition of the IATA Dangerous Goods Regulations has
adopted significant changes this year. Starting January 1, 2010 new
packing instructions and marking requirements will become
mandatory. The price for the 52nd Edition is $275.00 + HST. To
order your copy, please send an email, fax a PO or call us at the
number below. Don't get caught without one.
Contact: David S. Rogers, BC HAZMAT Management Ltd. Phone
250-656-3382