LegislationGazette notice

Gazette Notice No. 9277 of 2025

The Cabinet Secretary, Ministry of Energy and Petroleum, publishes draft upstream and midstream environment, health and safety regulations for public comments.

Official PDF · 3.0 MB

Whole issue, from Kenya Law. This notice starts on printed page 4302.

AI-extractedAgreement between models, not verified accuracy.

Items 21

Legislation notice 1
Link

Issuing authority
Cabinet Secretary, Ministry of Energy and Petroleum
Body
Ministry of Energy and Petroleum
Recommending body
Energy and Petroleum Regulatory Authority
Instrument
Petroleum (Upstream and Midstream Environment, Health and Safety) Regulations, 2024
Publication purpose
Draft Regulations for public comments
Scope
environmental, health and safety requirements of upstream and midstream petroleum operations and facilities including the design, construction, installation, operation, maintenance, modification and decommissioning
Exclusion
facilities used in any downstream petroleum operations
Legislation notice 2
Link

Regulation 3 1 b
(b) secures the safety and health of persons at or near facilities where upstream and midstream petroleum operations and related activities are being conducted; and
Regulation 3 1 c
(c) enables contractors to continually develop safety practices that reflect technological advancement and advances in best petroleum industry practices.
Regulation 3 2
(2) Upstream and midstream petroleum facilities shall be designed, constructed, installed, operated, maintained, modified and decommissioned in accordance with a safety case that has been approved by the Authority.
Regulation 4 1
4. (1) A contractor, permit holder or a midstream operator shall take necessary measures—
Regulation 4 1 a
(a) to prudently identify and assess the risks related to its operations and facilities;
Regulation 4 1 b
(b) to minimise, as far as practicable, any risk to the safety and health of persons or any risk to public safety that may arise from operations and related activities;
Regulation 4 1 c
(c) to limit, as far as practicable, the effects of any incidents, hazards or accidents on human health and the environment;
Regulation 4 1 d
(d) to adopt technical, operational and organisational practices and solutions that reduce risks to an acceptable level;
Regulation 4 1 e
(e) to ensure that adequate and appropriate recovery measures are put in place to deal with the effects of any incidents, hazards or accidents;
Regulation 4 1 f
(f) to ensure that occupational safety and health measures in all operations are satisfactory to protect the safety and health of workers; and
Regulation 4 1 g
(g) to institute procedures that allow the continuing development of safety practices that reflect technological advancement and advances in best petroleum industry practices.
Regulation 4 1 h
(h) To adopt measures necessary for environmental protection
Regulation 4 1 i
(i) to ensure compliance with any applicable Kenyan safety and health laws and in addition ensure that—
Regulation 4 1 i i
(i) responsibility and authority during each petroleum activity is clearly defined and coordinated at all times;
Regulation 4 1 i ii
(ii) all workers and personnel accessing a facility or participating in a petroleum activity are sufficiently informed of all relevant safety documentation and reporting procedures; and
Regulation 4 1 i iii
(iii) any person acting under a contractor’s or a midstream operator’s authority in performing upstream and midstream petroleum operations, complies with the Act, these Regulations and any other applicable law or administrative direction.
Regulation 4 2
(2) A contractor, permit holder or a midstream operator shall demonstrate to the Authority that it has taken all necessary measures to ensure safety and health of workers and all persons in the vicinity of operations, general public safety and the protection of the environment and property as specified under these Regulations, any approved standards and best petroleum industry practices.
Regulation 4 3
(3) A contractor, permit holder or a midstream operator shall cooperate with and assist the Authority to perform its regulatory functions under the Petroleum Act, 2019, these Regulations and any other applicable Kenyan law. This shall entail facilitating inspections, investigations and gathering information.
Regulation 4 4
(4) A contractor, permit holder or a midstream operator shall ensure timely preparation and submission of the safety case to the Authority.
Regulation 4 5
(5) Where the contractor, permit holder or midstream operator proposed any activity at a location that qualifies as a workplace under the Occupational Safety and Health Act 15 of 2007, for the time being, unless that workplace is subject to a valid exemption, the contractor, permit holder or midstream operator may not undertake that activity until a certificate of registration for such workplace has been issued under that Act.
Regulation 5 1
5. (1) A contractor, permit holder or a midstream operator shall ensure that all workers involved in upstream and midstream petroleum operations have the necessary experience, qualifications and/or training to execute the work in accordance with the Act, these Regulations, and any other applicable Kenyan law.
Regulation 5 2
(2) A contractor, permit holder or a midstream operator shall ensure that records of worker training and competencies are maintained, kept up-to-date and readily accessible to the Authority on inspection.
Regulation 5 3
(3) A contractor, permit holder or a midstream operator shall routinely take steps to identify and record any insufficiency in worker performance that may require additional training to redress.
Regulation 5 4
(4) A contractor, permit holder or a midstream operator shall ensure that workers receive the necessary and specialised training—
Regulation 5 4 a
(a) to perform their tasks safely;
Regulation 5 4 b
(b) in occupational safety and health; and
Regulation 5 4 c
(c) in responding to incidents, hazards, and accidents.
Regulation 5 5
(5) A contractor, permit holder or a midstream operator shall make all relevant safety and procedural documentation readily available and accessible to workers and to the Authority upon request.
Regulation 5 6
(6) A contractor, permit holder or a midstream operator shall ensure that all workers are informed about updates introduced into the procedures and manuals that may impact—
Regulation 5 6 i
(i) operations and maintenance;
Regulation 5 6 ii
(ii) training in emergency situations and simulations;
Regulation 5 6 iii
(iii) escape, evacuation and rescue;
Regulation 5 6 iv
(iv) machinery safety;
Regulation 5 6 v
(v) materials, products and equipment packaging, identification, storage and handling;
Regulation 5 6 vi
(vi) results of any safety analysis;
Regulation 5 6 vii
(vii) codes and signalling;
Regulation 5 6 viii
(viii) communication and reporting practices;
Regulation 5 6 ix
(ix) their preparedness and responses to emergencies; and
Regulation 5 6 x
(x) any other matter relevant to operations.
Regulation 5 7
(7) A contractor, permit holder or a midstream operator shall provide training to workers upon their employment, any transfer or change of work tasks, the introduction of new work equipment or changes to the equipment and upon introduction of new technology that applies to the worker’s tasks.
Regulation 5 8
(8) The training shall be adapted to changes and/or new risk in the petroleum activity.
Regulation 5 9
(9) Where a worker is assigned duties related to the execution of safety and health obligations, a contractor, permit holder or a midstream operator shall ensure that the worker is certified to perform the duties in accordance with the applicable safety and health laws in Kenya.
Regulation 6 1
6. (1) Workers shall comply with the safety rules and procedures in force and cooperate on the implementation of measures put in place by a contractor, permit holder or a midstream operator to create a safe working environment as stipulated under the applicable Kenyan Health and Safety laws.
Regulation 7 1
7. (1) No contractor, permit holder or midstream operator shall commence petroleum operations until a safety case has been approved by the Authority in relation to those operations.
Regulation 7 2
(2) A contractor, permit holder or a midstream operator shall not engage in upstream and midstream petroleum operations unless a contractor, permit holder or a midstream operator has demonstrated to the Authority that it has—
Legislation notice 3
Link

Body
Authority (Approves safety cases.)
Provision 7 2 a
(a) diligently evaluated the risks to public safety, the safety and health of all persons, property and the environment related to its activities in accordance with these Regulations; and
Provision 7 2 b
(b) planned and applied measures to reduce the risks identified to an acceptable level in light of the magnitude of those risks.
Provision 7 3
(3) Before constructing, installing, operating, modifying or decommissioning a facility that may present a significant risk to health or safety, a contractor, permit holder or a midstream operator shall ensure that a safety case approved by the Authority is in force for that facility or related activity.
Provision 7 4
(4) Where a safety case is in force for a facility, a contractor, permit holder or a midstream operator shall ensure that all operations and activities in relation to the facility comply with the safety case.
Provision 8 1
8. (1) A safety case shall include the information in the First Schedule and shall provide for the following matters in relation to the safety and health—
Provision 8 1 a
(a) the relevant facility description and a description of the processes and activities that will take place at the facility;
Provision 8 1 b
(b) a risk assessment and systematic identification of hazards; and
Provision 8 1 c
(c) a safety management system for the facility comprising—
Provision 8 1 c i
(i) a comprehensive and integrated system of risk control measures to eliminate or reduce the risks to an acceptable level; and
Provision 8 1 c ii
(ii) a process for monitoring, audit, review and continuous improvement of risk management practices.
Provision 8 2
(2) A safety case shall demonstrate that—
Provision 8 2 a
(a) the accidents, hazards and possible accident scenarios in relation to the facility or related activity have been identified and that the necessary measures have been taken to prevent such accidents and to limit their consequences;
Provision 8 2 b
(b) adequate safety and reliability that have been taken into account in the design, construction, operation and maintenance of an installation, storage facility, equipment and infrastructure connected with the facility’s operation which are linked to assessed risk of potential incidents, hazards or accidents inside the facility; and
Provision 8 2 c
(c) an emergency preparedness and response plan has been prepared in accordance with these Regulations, the Act and applicable Kenyan laws.
Provision 8 3
(3) A contractor, permit holder or a midstream operator shall ensure that the safety case is prepared by experienced personnel with full access to all relevant information.
Provision 9 1
9. (1) A contractor, permit holder or a midstream operator shall ensure that the safety case for a facility shall establish and maintain a documented system of coordinating and controlling the safe performance of all work activities at the facility.
Provision 9 2
(2) The safety case shall include a “permit to work” system that shall apply to particular high-risk activities that may take place at the facilities including working—
Provision 9 2 a
(a) in confined spaces and spaces where there is a risk of oxygen deficiency;
Provision 9 2 b
(b) over water or (to erect, modify or dismantle scaffolds over water;
Provision 9 2 c
(c) under water;
Provision 9 2 d
(d) at height;
Provision 9 2 e
(e) with welding equipment and other types of hot work;
Provision 9 2 f
(f) with the use of heat sources;
Provision 9 2 g
(g) susceptible to causing an unexpected release of energy;
Provision 9 2 h
(h) in simultaneous operations;
Provision 9 2 i
(i) on live electrical equipment;
Provision 9 2 j
(j) at risk of injurious exposure to dust;
Provision 9 2 k
(k) on a pressurized system;
Provision 9 2 l
(l) with pressure-testing of plant, equipment and pipelines; and
Provision 9 2 a repeated
(a) in condition with exposure to radiation or instruments using radiation.
Provision 9 3
(3) The “permit to work” system, at a minimum, shall—
Provision 9 3 a
(a) identify the persons having responsibility to authorise and supervise work;
Provision 9 3 b
(b) ensure workers performing work have the requisite training and capability to perform the work; and
Provision 9 3 c
(c) ensure that members of the workforce are competent in the application of the permit to work system.
Provision 9 4
(4) A “permit to work” shall—
Provision 9 4 a
(a) outline—
Provision 9 4 a i
(i) the nature of the work;
Provision 9 4 a ii
(ii) the place where the work may be performed;
Provision 9 4 a iii
(iii) the period during which the work may be performed;
Provision 9 4 a iv
(iv) any protective equipment to be used or worn; and
Provision 9 4 a v
(v) any precautions that shall be taken to avoid endangering the health and safety of workers and other persons on or near the relevant facility or site,
Provision 9 4 b
(b) be signed by the person-in-charge with respect to the relevant activity; and
Provision 9 4 c
(c) be signed by the person with overall responsibility for the management of the relevant facility or site.
Provision 10 1
10. (1) A risk assessment required in developing a safety case shall—
Provision 10 1 a
(a) identify the likely incidents, hazards or accidents that may occur in relation to the activity or facility;
Provision 10 1 b
(b) set out a detailed and systematic assessment of the risk associated with each of those hazards, including the likelihood and consequences of each incident;
Provision 10 1 c
(c) identify the measures that are necessary to reduce each of those risks to a level that is as low as is reasonably practicable; and
Provision 10 1 d
(d) include the matters outlined in the First Schedule.
Provision 10 2
(2) The contractor, permit holder or a midstream operator shall perform the risk assessment using established methodologies including—
Provision 10 2 a
(a) qualitative risk assessment, in which frequency and severity are determined purely qualitatively;
Provision 10 2 b
(b) semi-quantitative risk assessment, in which frequency and severity are approximately quantified within ranges; or
Provision 10 2 c
(c) quantitative risk assessment, in which full quantification occurs.
Provision 10 3
(3) The contractor shall provide justification for employing the selected methodology in each case. The choice of methodology shall take into account the following dimensions:
Provision 10 3 a
(a) the level of estimated risk (and its proximity to the limits of tolerability)
Provision 10 3 b
(b) the complexity of the problem and/or difficulty in answering the question of whether more needs to be done to reduce the risk.
Provision 10 3 repeated
(3) The risk assessment shall include analysis of the probable consequences of single failures or sequential failures in and connected to the activity or facility.
Provision 10 4
(4) The risk assessment shall outline the acceptance criteria in relation to the risks being assessed which shall—
Provision 10 4 a
(a) consider both the likelihood and consequences of identified hazards;
Legislation notice 4
Link

Issuing authority
Authority
Office
Cabinet Secretary
Regulation 10 4 b
(b) reflect the characteristics of the activity or facility concerned;
Regulation 10 4 c
(c) reflect the safety objectives of the contractor, permit holder or a midstream operator, any standards approved by the Authority and best petroleum industry practices.
Regulation 10 5
(5) The contractor, permit holder or a midstream operator shall—
Regulation 10 5 a
(a) include in the safety case a summary and explanation of the selection of acceptance criteria;
Regulation 10 5 b
(b) submit to the Authority, on request, supporting documentation for the evaluations on which the selection of acceptance criteria is based; and
Regulation 10 5 c
(c) review the risk acceptance criteria regularly as may be necessary with respect to any factor that may affect the appropriateness of the acceptance criteria selected.
Regulation 10 6
(6) The results of the risk assessment shall be included as part of the basis for the making safety decisions in ensuring activities meet the required safety standard.
Regulation 10 7
(7) A contractor, permit holder or a midstream operator shall communicate results from the risk assessment to the workers and ensure that the results are used actively in preventive safety measures and efforts.
Regulation 10 8
(8) A contractor, permit holder or a midstream operator shall keep and maintain complete records of all risk assessments carried out.
Regulation 10 9
(9) A contractor, permit holder or a midstream operator shall systematically review the basic assumptions made in the risk assessment to ensure that safety in upstream and midstream petroleum operations is maintained within the defined acceptance criteria for risk.
Regulation 11 1
11. (1) The safety management system shall outline risk control measures selected to reduce the risk to an acceptable level and may consist of—
Regulation 11 1 a
(a) measures to reduce the probability of accidents or hazardous situations occurring; and
Regulation 11 1 b
(b) measures to mitigate the consequences of accidents or hazardous situations.
Regulation 11 2
(2) The control measures selected shall be informed by the most critical event scenario (based on realistic severity and the realistic likelihood of occurrence).
Regulation 11 3
(3) A contractor, permit holder or a midstream operator shall systematically follow up the implementation of the risk control measures and reassess the basic assumptions made in the risk assessment to ensure that safety is maintained to the level required.
Regulation 12 1
12. (1) A contractor, permit holder or midstream operator shall, in preparing a safety case, include a safety zone around the area of the relevant development.
Regulation 12 2
(2) Where an application for a safety case makes recommendations for the establishment of a safety zone, the Authority shall inform the Cabinet Secretary that a determination of a safety zone may be required in accordance with the Act and these Regulations.
Regulation 13 1
13. (1) Where a safety case is required, a contractor, permit holder or a midstream operator shall submit the safety case to the Authority for approval, three (3) months prior to any proposed activity to be governed under the safety case.
Regulation 13 2
(2) A contractor, permit holder or a midstream operator shall submit the application accompanied by the fee as prescribed by the Authority.
Regulation 13 3
(3) Upon submission, the Authority shall acknowledge receipt of the safety case within seven (7) days.
Regulation 13 4
(4) The Authority may, within thirty (30) days of receipt of the application, require a contractor, permit holder or a midstream operator to provide additional information related to the safety case or any other matter that the Authority may require in order to properly consider the safety case.
Regulation 13 5
(5) A contractor, permit holder or a midstream operator shall respond to any query within twenty-one (21) days.
Regulation 13 6
(6) The time period for processing the approval for safety case shall be paused until the additional information required is provided.
Regulation 14 1
14. (1) Where the Authority is satisfied it has received adequate information to consider the safety case, the Authority shall consult with any person or other government agency as may be deemed fit to properly evaluate the efficacy of the proposed safety case.
Regulation 14 2
(2) Where the Authority consults with any person or other government agency on any issue related to the safety case, any feedback must be received by the Authority at least forty-five (45) days before a decision on the safety case is required to be made.
Regulation 14 3
(3) The Authority shall document its processes and deliberations in evaluating the safety case and maintain internal records relating to the decision process.
Regulation 14 4
(4) Within one hundred and twenty days (120) of receiving adequate information on the safety case, the Authority shall—
Regulation 14 4 a
(a) reach a decision to either approve the safety case with or without conditions, or otherwise reject the safety case, providing its reasons;
Regulation 14 4 b
(b) communicate the decision of its evaluation to a contractor, permit holder or a midstream operator; or
Regulation 14 4 c
(c) if necessary, require any action to ensure the safety case complies with these Regulations or the Act.
Regulation 14 5
(5) Upon rejection of the safety case, the contractor, permit holder or midstream operator shall resubmit the revised safety case to the Authority for review and consideration.
Regulation 15 1
15. (1) A contractor, permit holder or a midstream operator shall notify the Authority in writing of its intent to revise or update the safety case as soon as practicable if—
Regulation 15 1 a
(a) a significant change to the facility or related activity is proposed;
Regulation 15 1 b
(b) a particular operation or activity is proposed for which the safety case in force does not adequately consider the risks and required control measures;
Regulation 15 1 c
(c) a significant new risk, or a significant increase in an existing risk to safety or health, arises or is likely to arise and is not provided for in the safety case in force; or
Regulation 15 1 d
(d) any proposed modifications to an activity or facility may result in a significant cumulative change in the overall level of risk.
Regulation 15 2
(2) On receipt of a notification under this regulation, the Authority shall communicate in writing prescribing timelines for submission of the revised or updated safety case to the contractor or the midstream operator.
Regulation 15 3
(3) In any case the safety case shall be reviewed and submitted to the Authority for approval when so required and in any case every three (3) years.
Regulation 16
16. A contractor, permit holder or a midstream operator shall keep a copy of the approved current safety case at the facility addressed in the safety case.
Division heading
3.Division 3 – Safety of Petroleum Facilities
Subdivision heading
4.Sub-division 1 – General Requirements
Regulation 17 1
17. (1) A contractor, permit holder or a midstream operator shall ensure there is a person in charge with responsibility for safety and health matters at each manned facility during operations.
Regulation 17 2
(2) Where the safety case for a facility so requires, a contractor, permit holder or a midstream operator shall ensure a person-in-charge is assigned to be responsible for the safety and supervision of an activity.
Regulation 17 3
(3) A person in charge of an activity shall supervise the activity to ensure that—
Regulation 17 3 a
(a) the workers perform the activity in a safe manner in line with these regulations and best petroleum industry standards;
Legislation notice 5
Link

Regulation 25 continued
(a) the facilities, systems and equipment can be operated, tested and maintained without endangering human life, health, the environment and material assets; and (b) the facilities, systems and equipment are suitable for use and able to withstand the anticipated loads they will encounter during operation. (2) A contractor, permit holder or a midstream operator shall ensure that components of facilities and related systems and equipment shall be clearly marked and labelled to facilitate safe operation and prudent maintenance.
Regulation 26
26. (1) A contractor, permit holder or a midstream operator shall ensure the integrity of support structures and materials in the facility. (2) Design requirements relating to support structures shall include functional specifications to guarantee— (a) loads and environmental conditions that may be incurred by fabrication, installation, maintenance and operation; (b) performance in normal conditions, with particular regard to damage, movements, fixings, vibration and fatigue; (c) resistance to possible actions and strain that may give rise to faults, large rigid movements or stresses comparable to faults; and (d) stability of any floating structures in situations of drifting, floundering or sinking. (3) A contractor, permit holder or a midstream operator shall determine the characteristics, functions and performance standards of all structural supports and their components and materials. Structural supports shall— (a) have optimum ductile properties and low sensitivity to local damage; (b) be equipped with instruments to measure environmental loads; (c) provide single stress trajectories with small concentrations of stress; (d) be resistant to corrosion and other damage; and (e) permit the simple check of conditions for maintenance and repair purposes. (4) A contractor, permit holder or a midstream operator shall ensure that the components, couplings and connecting parts are subject to safety testing during the fabrication and production process.
Regulation 27
27. When selecting materials for a facility during the design phase, a contractor, permit holder or a midstream operator shall— (a) ensure that materials meet all the approved standards and best petroleum industry practices regarding strength, ductility, toughness, corrosion, durability and consider the material’s compatibility with process fluids and operational conditions; (b) ensure that materials adequately address the need to protection against corrosion, erosion and other forms of decay; (c) consider the fire resistance attributes of the materials; and (d) ensure that, where new materials are introduced, the materials are verified by means of necessary analyses, calculations and tests so that the materials meet appropriate stipulated safety criteria.
Regulation 28
28. A upstream and midstream operator shall ensure that the detailed layout plans and specifications for pipelines and storage depots required shall be compatible with best petroleum industry practices and consider the following factors— (a) the location of any ancillary buildings and other installations to allow for safe evacuation of personnel in case of emergency; (b) the safe performance of internal inspection and maintenance; (c) the use of control or monitoring equipment including flow detectors and pressure monitors, to protect or to secure the safe operation of the pipeline or storage tank; (d) the use of emergency shut-off valves to minimise loss of containment of the pipeline or storage tank inventory, capable of manual or automatic operation; (e) the use of isolation mechanisms such as interlocks that may remotely trigger a shut-off valve based on events such as abnormal pressure conditions in the pipeline or storage tank; (f) the use of devices to prevent safe operating limits being exceeded, such as pressure relief valves or block valves to limit the inventory released, which shall be spaced in accordance with the safety evaluations and allowing for maintenance access; and (g) the location of emergency shut-down valves and related mechanisms such that they, so far as reasonably practicable, shall remain operational in the event of fire, explosion or impact.
Subdivision heading
6.Sub-division 3 – Safety Features of Facilities
Regulation 29
29. (1) A contractor, permit holder or a midstream operator shall ensure that the location, design and construction of a facility’s control room is suitable to withstand possible major accidents. (2) The control room shall be secured with access control systems and cameras to prevent unauthorized access; (3) The layout of the control room and arrangement of panels shall ensure effective ergonomic operation of a facility in both normal circumstances and emergency situations. (4) The design of the control room shall consider the possibility of emergencies or disasters and provide emergency response procedures; (5) A contractor, permit holder or a midstream operator shall ensure availability of qualified personnel to man the control room.
Regulation 30
30. (1) A contractor, permit holder or a midstream operator shall ensure that facilities are installed with an emergency shutdown system which shall be designed to initiate upon detection of defined, potentially hazardous conditions. (2) A contractor, permit holder or a midstream operator shall ensure that facilities are installed with an emergency shutdown system which shall— (a) be able to prevent or mitigate the development of an incident, hazard or accident and limit the consequences of the incident, hazard or accident; (b) be designed to withstand the loads to which they may be subjected; (c) be able to perform the intended functions independently of other systems and have a simple and clear command structure; (d) be designed to maintain safe conditions in case of a fault that may prevent the system from functioning; (e) be capable of being activated manually from the control room or from trigger stations that are located in strategic locations in the facility; and (f) be able to bring the facility to a safe condition in the event of a fault. (3) A contractor, permit holder or a midstream operator shall ensure that— (a) emergency shutdown valves are installed with the capacity to stop the flow of petroleum and chemicals to and from a facility; (b) the emergency shutdown valves are able to isolate the fire areas of a facility; (c) the system can be tested safely and without interrupting operations; (d) all accessible emergency shutdown valves are equipped with a position indicator and the status can automatically be transferred to the control room; and (e) the re-setting of emergency shutdown valves is performed in a safe and controlled manner.
Legislation notice 6
Link

Regulation 40
40. (1) A contractor, permit holder or a midstream operator shall ensure that any living quarters and work areas in a facility— (a) are designed and protected to prevent penetration of smoke from a fire; and (b) are equipped with a reliable system capable of giving warning to every person on the facility of a detected fire event and the need to evacuate the facility. (2) The fire alarm and evacuation system referred to in sub-regulation (1) shall be capable of— (a) manual activation from the control room and any other relevant positions; and (b) activating an alarm in the control room. (3) Every operational facility shall have an emergency assembly point in an open space free from any potential risk. A contractor, permit holder or a midstream operator shall ensure that an additional emergency assembly point(s) exist to avoid overcrowding in case of an emergency and that clear guidance is provided to this effect.
Regulation 41
41. (1) Each floor of a building in a facility shall have at least one escape exit which shall— (a) be clearly marked; (b) be clear for use at all times; (c) have open doorways or swinging doors to provide the maximum possibility of escape; (d) provide an unobstructed passage to the fire assembly point; and (e) be located to provide reasonably safe alternative means of escape. (2) The doors of an escape exit shall— (a) be readily opened from the inside without a key and shall swing outward if located in an exterior wall; (b) not be locked while the room is occupied; and (c) be accessible by fixed ladder, stairway, ramp, walkway, slide, slide pole or any other means consistent with any approved standards and best petroleum industry practices. (3) Any gated fence which is close to a light oil or gas processing unit shall have gates opening outward. (4) The gates of an enclosure within a facility shall be unlocked whenever the area within the enclosure is occupied. (5) A contractor, permit holder or a midstream operator shall use any other means to ensure the safety of the workers and the facility or upstream and midstream.
Regulation 42
42. (1) A contractor, permit holder or a midstream operator shall, during the design phase incorporate a fixed fire-fighting system in the facility design. (2) A contractor, permit holder or a midstream operator shall ensure that a facility is equipped with sufficient fire-fighting equipment to efficiently combat near-fires and prevent escalation in case of fire. (3) A contractor, permit holder or a midstream operator shall provide firefighter equipment to enable safe and effective fire-fighting to be carried out efficiently and that the equipment is kept on the installation and stored in a cautious and suitable manner ready for immediate use.
Regulation 43
43. (1) A contractor, permit holder or a midstream operator shall ensure that a fixed fire-fighting system— (a) is installed in explosion-hazard areas and in areas with a significant risk of fire; (b) covers or provides for equipment containing significant amounts of petroleum and is designed to ensure that firefighting can be carried out quickly and efficiently at all times; and (c) is capable of automatic activation by a signal from the fire detection system and in the event of gas detection, the system is automatically activated where this can result in lower explosion pressure. (2) In areas where gas is used as a fire extinguishing medium, fixed fire-fighting systems shall enable an automatic announcement to alert persons present that a release of gas has occurred. (3) The manual activation of the fire-fighting systems shall be capable of activating the general alarm of the facility. (4) Fire-fighting equipment shall be clearly marked in accordance with approved standards and best petroleum industry practices. (5) The type, capacity and location of fire-fighting equipment shall be determined with reference to the dimensioning fire to ensure that firefighting can be carried out in a safe and effective manner. (6) The fire-fighting equipment used in a facility shall meet the approved standards and best petroleum industry practices. (7) A contractor, permit holder or a midstream operator shall ensure that fire-fighting equipment in a facility is able to be tested and used during normal operational conditions.
Regulation 44
44. (1) A contractor, permit holder or a midstream operator shall ensure that any fire pump systems incorporated into the facility are designed with regard to capacity, efficiency, reliability, location and protection so as to enable effective fire-fighting of dimensioning fires in accordance with the approved standards and best petroleum industry practices. (2) A contractor, permit holder or a midstream operator shall ensure that— (a) fire pumps are able to start automatically when there is a pressure drop in the fire main, and when a signal is given from the fire and gas detection system; (b) fire pumps are capable of starting manually from the control room and at the prime mover; and (c) the control room is capable of monitoring and detecting the operational status of the fire pump systems. (3) A contractor, permit holder or a midstream operator shall ensure that every facility has sufficient water supply capacity at all times to combat and extinguish fires.
Regulation 45
45. (1) A contractor, permit holder or a midstream operator shall ensure that workers are trained in fire prevention and response procedures so that workers are prepared to manage operational risks and handle incidents and emergencies in an effective manner. (2) A contractor, permit holder or a midstream operator shall ensure that fire response drills are conducted on a frequent basis to enable workers to be prepared to manage operational risks and handle incidents and emergencies in an effective manner. (3) A contractor, permit holder or a midstream operator shall ensure that— (a) fire response drills are conducted under the control of the person–in–charge of the facility; (b) fire response drills are conducted at random times;
Regulation 46
46. A contractor, permit holder or a midstream operator shall ensure that— (a) all work areas and related equipment are designed and positioned in a manner that reduces the risk of harm, injury or illness to workers through manual handling, work position, repetitive movements or work intensity; and (b) regular ergonomic risk assessments are conducted wherever there is a change in the working conditions of processes.
Regulation 47
47. A contractor, permit holder or a midstream operator shall ensure that the design of a facility sufficiently reduces the risk of injury to workers due to exposure to noise or vibrations and that workers onsite wear hearing protection devices while working in areas with noise and vibration.
Legislation notice 7
Link

Body
Authority
Issuing authority
Cabinet Secretary
Regulation 63 2
(2) The Authority may require any additional document or information or make any inquiry as it sees fit in order to verify that that environmental, safety or health concerns are appropriately considered.
Regulation 63 3
(3) The Authority may only issue an approval permit in respect of any upstream and midstream operation or activity under these or any regulations where it is satisfied that any potential environmental, safety or health risks have been appropriately considered and mitigated.
Regulation 64
64. A contractor, permit holder or a midstream operator shall coordinate the operation of safety systems for all operations at a facility.
Regulation 65
65. A contractor, permit holder or a midstream operator shall have procedures and measures intended to ensure the safety, reliability and integrity of— (a) fire-fighting services; (b) transport services; (c) supply services; (d) control and emergency centres; (e) rescue and evacuation services; (f) suppliers of alternative emergency services; and (g) safety and health at work service.
Regulation 66
66. Prior to the entry into operation of an installation, a contractor, permit holder or a midstream operator shall establish a programme for the control and management of safety, the results of which shall be documented.
Regulation 67
67. (1) For all manned offshore facilities, the contractor, permit holder or midstream operator shall ensure that working radio or telephone communication lines are in place between the facility and an onshore base. (2) Unless a person-in-charge has ordered that operations may temporarily preclude it, radio or telephone communications shall be made from the onshore base to the facility at least once in each period of three hours. (3) A contractor, permit holder or midstream operator shall ensure that suitable transportation is readily available to enable transport to the offshore facility, in the event that the onshore base is unable to make contact with a manned offshore facility, except for planned communication outages.
Regulation 68
68. A contractor, permit holder or midstream operator shall ensure that any transportation by a vessel or aircraft between an onshore base and an offshore facility is controlled and monitored from the onshore base or the offshore facility or both.
Regulation 69
69. (1) In executing decommissioning operations a contractor, permit holder or midstream operator shall— (a) restore and remediate the relevant area to as near original state as possible prior to the operations as far as is practicable or to such state as is otherwise provided in the approved final decommissioning plan; (b) ensure the safety of local communities in the areas previously subjected to the upstream and midstream; (c) ensure the removal, reuse, recycling and disposal of materials and equipment resulting from the dismantling of facilities; and (d) ensure correct handling, treatment, transport and final disposal of all the waste produced, in compliance with Kenyan law and Best Petroleum Industry Practices.
Regulation 70
70. (1) The Cabinet Secretary may on advice by the Authority, determine the extent of each safety zone surrounding every— (a) upstream petroleum facility; and (b) midstream pipeline and storage facility unless the Cabinet Secretary decides, on advice by the Authority, that a safety zone is considered unnecessary in light of the risks to safety and health posed in the circumstances. (2) A safety zone may comprise of any geographical area around, above or below the facilities. (3) A contractor, permit holder or midstream operator may propose the vertical and horizontal extent of the safety zone with respect to the position of the relevant pipeline or facility in accordance with best petroleum industry practices. (4) An offshore safety zone established under this regulation shall have an area extending five hundred (500) metres— (a) from any part of a fixed or mobile facility used in upstream and midstream operations and around said facility; and (b) from the central point of a pipeline or subsea equipment.
Regulation 71
71. (1) No unauthorised person, vehicle or vessel shall enter, pass, stay or operate in the safety zone, without the permission of the contractor, permit holder or midstream operator in control of the safety zone, except— (a) a person or vehicle that enters, passes or stays in the safety zone of buried sections of an onshore pipeline and that does not cause ground disturbance; or (b) a vessel that passes or operates in the safety zone of a pipeline or subsea equipment without anchoring or trawling and that maintains a minimum vertical distance of five hundred (500) metres between its keel and said pipeline or subsea equipment. (2) The safety zone shall not limit activities which are specifically permitted in accordance with the Act or which constitute official activities of the contractor, permit holder or midstream operator.
Regulation 72
72. (1) Prior to the coming into force of a safety zone, the Cabinet Secretary shall cause to be published in the Kenya Gazette the following details— (a) the global positioning system coordinates of any safety zone and any relevant addresses; (b) any identifying features of installations in the safety zone or its surrounding environment; and (c) any restrictions regarding entry into or performance of any activity in the safety zone. (2) Sub-regulation (1) shall not apply where a safety zone is established or extended in case of accident or emergency.
Regulation 73
73. The Cabinet Secretary may, upon advice by the Authority, in cases of accidents and emergencies establish a new safety zone or extend an existing safety zone where this is considered necessary to prevent or limit— (a) risk of injury or loss of life; (b) significant damage to facilities or surrounding property; (c) pollution or other environmental damage; or (d) substantial interruption to production.
Regulation 74
74. A contractor, permit holder or midstream operator shall— (a) monitor all activities inside the safety zones relating to the facilities; (b) monitor activities proximate to the facilities for potential risks to safety of the upstream and midstream; and (c) refuse entry to unauthorised persons, vehicles and vessels.
Regulation 75 partial
75. A contractor, permit holder or midstream operator of a facility within a safety zone located offshore shall— (a) alert a vessel about to enter a safety zone when it has no right to enter such area;
Legislation notice 8
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Body
Kenya Maritime Authority (Requested to issue notices to mariners and navigational warnings and consent to aids to navigation.), Authority (Receives safety-zone notifications, advises the Cabinet Secretary and approves standards.)
Issuing authority
Cabinet Secretary (Receives notification and advice on whether to extend the safety zone.)
Regulation 75 continuation
(b) alert vessels outside a safety zone if the vessels may constitute a danger to safety of the upstream and midstream; (c) to the extent possible, refuse to allow an unauthorised vessel entry into the safety zone; (d) request the Kenya Maritime Authority to— (i) issue notices to mariners and navigational warnings under section 219 of the Merchant Shipping Act, 2009 about the safety zone; (ii) consent to temporary or permanent aids to navigation established under sub-section 221(2) of the Merchant Shipping Act, 2009 and necessary for the safety zone.
Regulation 76
76. (1) A contractor, permit holder or midstream operator shall within forty-eight (48) hours inform the Authority in writing of— (a) any violation of a safety zone; and (b) any activity in or near a safety zone which may constitute a serious danger to safety of upstream and midstream operations, facilities, the public and personnel. (2) The Authority shall notify the Cabinet Secretary upon receiving any notification under sub-regulation 1(a) or 1(b) and advise the Cabinet Secretary on whether to extend the safety zone.
Regulation 77
77. (1) Prior to the commencement of the operation of a pipeline or a storage facility, a midstream operator shall install warning signs to inform the public on the location of the pipeline and attendant dangers. (2) A operatorcontractor, permit holder or midstream operator shall install and maintain warning signs in a prominent, visible location, and in accordance with standards approved by the Authority and best petroleum industry practices. (3) Where a pipeline crosses a road, railway or watercourse, a contractor, permit holder or midstream operator shall install a pipeline warning sign on both sides of the crossing point. (4) A contractor, permit holder or midstream operator shall put in place measures for way leave security and maintenance using best petroleum industry practices.
Regulation 78
78. Prior to the commencement of the operation of a pipeline or storage facility, a midstream operator shall ensure that procedures and measures are in place to deal with— (a) the accidental loss of petroleum from the pipeline or storage tank; (b) the discovery of a defect in or damage to the pipeline or storage tank or of any other emergency affecting the pipeline or storage tank; and (c) the failure of any ancillary system.
Regulation 79
79. A midstream operator shall ensure that the safety case for operation of a pipeline or storage facility shall include the development, review and maintenance of site-specific operating standards outlining the procedures to be followed during operations.
Regulation 80
80. (1) A contractor, permit holder or a midstream operator shall ensure that work at all levels of the facility complies with the Act, these Regulations, and the approved standards on occupational safety and health, best petroleum industry practices, and any other applicable Kenyan laws. (2) A contractor, permit holder or a midstream operator shall— (a) establish goals related to the occupational safety and health; (b) focus principally on preventing the occurrence of incidents, accidents or hazardous situations; (c) ensure continuous monitoring and control of the working environment and the health of the workers when necessitated by risk factors in a facility or during upstream and midstream; (d) make a survey of hazards and carry out a risk assessment for each operation; (e) ensure systematic prevention, management and follow-up on workers who are absent from work due to sickness; and (f) ensure continuous systematic improvement of safety and health procedures and outcomes.
Regulation 81
81. (1) A contractor, permit holder or a midstream operator shall ensure that— (a) no workers are under the influence of alcohol or other intoxicants while working in the course of upstream and midstream; and (b) no alcoholic beverages or any other intoxicants are allowed to be brought on to or consumed at a workplace or site of the upstream and midstream.
Regulation 82
82. (1) A contractor, permit holder or a midstream operator shall ensure that workers shall not work for— (a) a continuous period; or (b) successive continuous periods for a duration that could reasonably be expected to have an adverse effect on the worker’s safety and health or that of any other person. (2) A contractor, permit holder or a midstream operator shall ensure that working hours and shift schedules take into account the need to minimise periods of prolonged of exposure of workers to hazardous conditions including exposure to— (a) extreme temperatures; (b) noise or vibrations; (c) adverse weather and external atmosphere; (d) dangerous emissions; or (e) confined spaces.
Regulation 83
83. (1) A contractor, permit holder or a midstream operator shall institute measures to prevent the risk of release and accumulation of gases into a work environment likely to create asphyxiating conditions due to displacement of oxygen. (2) Prevention and control measures to reduce risks of asphyxiant gas release under sub-regulation (1) may include— (a) design and placement of nitrogen or any other asphyxiant gas venting systems according to approved standards and best petroleum industry practices; (b) installation of an automatic emergency shutdown system which can— (i) detect and warn of the uncontrolled release of asphyxiant gases; (ii) initiate forced ventilation; and (iii) minimise the duration of releases; and (iv) implementation of confined space entry procedures as may be considered appropriate under best petroleum industry practices.
Regulation 84
84. (1) A contractor, permit holder or a midstream operator shall minimise the use of radioactive substances in operations, and where radioactive substances are used, ensure safe transportation, handling, storage and disposal of the radioactive substances in accordance with the Material Safety Data Sheet from the manufacturer. (2) Prior to the commencement of the operation, a contractor, permit holder or a midstream operator shall install warning signs to inform the public on the location of the radioactive material which may pose dangers. (3) A contractor, permit holder or a midstream operator shall handle, store, transport or dispose of radioactive substances in accordance with the approved standards, best petroleum industry practices, and any other applicable Kenyan laws.
Legislation notice 9
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Regulation 94 continuation
(a) thirty (30) days before the commencement of installation or operation of a facility; (b) every six (6) months after the initial notification under subparagraph (a); and (c) in relation to facilities existing at the date of commencement of these Regulations, within sixty (60) days from that date.
Regulation 95
95. (1) A contractor, permit holder or a midstream operator shall ensure that all workers use personal protective equipment which is appropriate for the risks associated with operations and the environment including, but not limited to clothing, respiratory devices, and protective shields and barriers specifically designed to protect the face, head, body, sensory functions and extremities. (2) A contractor, permit holder or a midstream operator shall provide personal protective equipment and ensure that it is maintained in a sanitary and reliable condition. (3) A contractor, permit holder or a midstream operator shall ensure that any person within a facility who is likely to be exposed to a hazard, uses protection equipment in accordance with these Regulations and best petroleum industry practices. (4) A contractor, permit holder or a midstream operator shall ensure protection equipment shall— (a) be designed to protect the person from the incident, hazard or accident; (b) not in itself create a hazard; (c) be maintained, inspected and tested by a competent person; and (d) be maintained in a clean and sanitary condition by a competent person. (5) A contractor, permit holder or a midstream operator shall ensure that any person likely to be exposed to dangers in operations involving moving vehicles wears a high-visibility vest or other high-visibility clothing.
Regulation 96
96. (1) A contractor, permit holder or a midstream operator shall develop a hazard assessment report which assesses the workplace to determine the nature and extent of likely hazards which necessitate the use of personal protective equipment. (2) The hazard assessment report shall support the selection of personal protective equipment and shall, at a minimum, consider the use of the following— (a) head protection; (b) eye and face protection; (c) protective footwear and hand wear; (d) respiratory protection; (e) skin and special clothing; (f) fall-protection systems; (g) protection against drowning; (h) protection from extreme temperatures and (i) protection from excessive noise and vibrations. (3) The hazard assessment report shall be updated when so required and in any case, at least once every year. (4) A contractor, permit holder or a midstream operator shall— (a) communicate personal protective equipment requirements to the workers; (b) ensure that personal protective equipment provided to workers properly fit to perform their intended functions; and
Regulation 97
97. (1) A contractor, permit holder or a midstream operator shall provide training on personal protective equipment and require workers to demonstrate a proper understanding of at least the following— (a) the situations necessitating personal protective equipment; (b) the relevant type of personal protective equipment for each situation; (c) any limitations of the personal protective equipment; (d) the proper use and adjustment of personal protective equipment; and (e) the proper care, maintenance, useful life and disposal of the personal protective equipment. (2) A contractor, permit holder or a midstream operator shall ensure that training is provided at regular intervals and that additional training is provided in situations where— (a) any changes in the work environment or in the nature of personal protective equipment used may necessitate further training to maintain an acceptable level of safety; or (b) a worker demonstrates any insufficiency in knowledge or use of assigned types of personal protective equipment.
Regulation 98
98. (1) A contractor, permit holder or a midstream operator shall ensure— (a) the readiness and availability of medical personnel for advice and consultation on matters relating to the risk factors of a facility; and (b) that workers receive necessary treatment and care in the event of an incident or accident. (2) In the absence of an infirmary, clinic, or hospital in near proximity to the facility which is used for the treatment of all injured workers, a contractor, permit holder or a midstream operator shall adequately train sufficient number of workers to render first aid. (3) Subject to the consent of the worker, the medical personnel shall notify a contractor, permit holder or a midstream operator of any occupational disease or injury and a contractor, permit holder or a midstream operator shall immediately and in any case not later than twenty-four (24) hours arrange for the necessary medical care to the worker.
Regulation 99
99. (1) A contractor, permit holder or a midstream operator shall provide adequate first aid and emergency medical facilities to deal with incidents, hazards or accidents likely to occur in a facility or during upstream and midstream. (2) A contractor, permit holder or a midstream operator shall undertake first aid needs assessment and revise it regularly whenever there are changes in the processes. (3) A contractor, permit holder or a midstream operator shall provide a first aid box, first aid station or first aid room as appropriate and affix a notice in every workroom including the name and contact of a person-in-charge of the first aid who shall be readily available during working hours. (4) In addition to requirements under sub-regulations (1) and (3), a contractor, permit holder or a midstream operator shall maintain— (a) a portable oxygen inhalation rescue apparatus in the facility or during upstream and midstream; and (b) where the eyes or other parts of the body of a person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.
Regulation 100
100. (1) A contractor, permit holder or a midstream operator shall ensure that workers— (a) are offered regular medical examinations by a medical professional with training and experience in occupational health and at no cost to the worker to establish any effects or sickness arising from occupational hazards; and (b) undertake medical examination before they are assigned work that is likely to have health risks, so that preventive measures can be implemented.
Legislation notice 10
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Body
NEMA (Environmental impact assessment licensing and consultation on remediation and restoration works.), Authority (Determination of potential costs, evaluation of remediation and restoration works, and recovery of costs.)
Regulation 100 continued
(2) A worker who has undergone medical examination shall have access to the results of the examination and an explanation of the results. (3) A contractor, permit holder or a midstream operator shall ensure the confidentiality of medical records, according to the general principles of medical ethics. (4) A worker who has been subjected to hazardous exposure in his or her employment, shall be offered special health examinations at the cost of a contractor, permit holder or a midstream operator, so that any necessary corrective measures can be implemented.
Regulation 101
101. A contractor, permit holder or a midstream operator shall ensure that – (a) offshore workers undergo periodic examinations to confirm that they are in good conditions of physical and mental health and free from alcohol or drug dependency; (b) offshore workers are declared to be clinically fit to work in an offshore environment after examinations carried out in accordance with the applicable Kenyan safety and health laws for work at sea; and (c) workers conducting diving operations have a valid medical certificate establishing that the diver is fit to dive in accordance with the fitness requirements in any approved standards. (d) ensure that offshore workers have undertaken safety and emergency training.
Regulation 102
102. (1) A contractor, permit holder or a midstream operator shall post and keep posted in accessible, conspicuous locations in a workplace, the following— (a) information regarding first aid to be rendered for any injury, occupational disease or illness likely to be sustained or contracted in the workplace; and (b) information regarding the location of first aid attendants, first aid stations and first aid rooms. (c) A safety score board indicating all near misses, accidents and fatalities that have occurred in respective years in all of the premises held by a contractor, permit holder or a midstream operator. (2) A contractor, permit holder or a midstream operator shall ensure that an up-to-date list of telephone numbers for use in emergencies is available and conspicuous at every telephone location.
Regulation 103
103. (1) During upstream and midstream operations, a contractor, permit holder or a midstream operator shall provide means for prompt transportation of injured persons to an equipped physician or hospital, or a communication system for contacting a readily available equipped ambulance service. (2) The emergency medical transportation, where provided by a contractor, permit holder or a midstream operator, shall be equipped with the first aid kit as provided for under these Regulations and shall include resuscitation apparatus and other special equipment for emergency treatment.
Regulation 104
104. A contractor, permit holder or a midstream operator shall ensure workers undergo annual training in the use and maintenance of emergency rescue equipment, first aid and resuscitation apparatus.
Regulation 105
105. Where a contractor, permit holder or midstream operator proposes any action governed by these Regulations which either— (a) may require an environmental impact assessment study under the applicable Kenyan laws; or (b) may be related to an activity which is subject to environmental impact assessment, 17. the contractor, permit holder or midstream operator shall obtain an environmental impact assessment licence from NEMA in relation to the proposed project and that any application for an approval relating to the proposed project shall be accompanied with the relevant environmental impact assessment report.
Regulation 106
106. The contractor, permit holder or midstream operator shall comply with any climate change obligations imposed by any applicable Kenyan laws and international climate obligations. (2) In considering an application for an approval under these regulations, any government entity with responsibility under these Regulations may require applicants to provide information in their submissions to enable a consideration of the consistency of proposed action with any— (a) any applicable climate change policy, strategy or plan; and (b) any climate change duties imposed by any applicable Kenyan law.
Regulation 107
107. At all phases of activities, including planning, designing, commissioning, installing, operating and decommissioning all facilities and undertaking any related activity, the contractor, permit holder or midstream operator shall— (a) give due consideration to any pollution risks implicated by activities generally; and (b) any elevated risks presented by any particular environmental, cultural or other context to activities including, but not limited to, factors such as the presence of special context related to— (i) the environment; (ii) biodiversity; (iii) natural resources; (iv) societal and cultural heritage; and (v) any other relevant social or environmental factors.
Regulation 108
108. During all upstream and midstream operationsthe contractor, permit holder or midstream operator shall— (a) comply with all applicable Kenyan environmental regulations concerning environmental protection including pollution prevention, air emissions, air quality monitoring and reporting; and (b) take into account the need to provide robust, accurate means of preventing emissions and monitoring and controlling air quality.
Regulation 109
109. A contractor or midstream operator shall provide a fund for the purposes of environmental mitigation and/or restoration in accordance with EMCA 1999.
Regulation 110
110. (1) A contractor, permit holder or midstream operator shall provide an Environmental Liability Policy in accordance with the Act (2) The Environmental Liability Policy shall; a. be in the form of an insurance cover; b. cover the potential costs as may be determined by the Authority using the Guidelines in Schedule 18; (3) The authority may in consultation with NEMA, coordinate and evaluate the remediation and restoration works before attesting completion and discharging the contractor, permit holder or midstream operator; (4) If the contractor, permit holder or midstream operator is not discharged under sub-regulation 1, and refuses to carry out additional works as prescribed by the Authority, the Authority will; a. notify the contractor, permit holder or midstream operator of its default b. carry out the said works at the contractor’s or midstream operator’s expense; and c. Recoup from the contractor, permit holder or midstream operator or its insurer under this regulation, any direct or indirect costs associated with the said works.
Legislation notice 11
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Body
Authority, NEMA, Radiation Protection Board
Regulation 123 3 continued
(b) other possible uses such as irrigation, dust control and use by other industry; or (c) discharge to surface waters or land, 19. if the chemical nature of the test water is compatible with these options, and if no adverse environmental and/or human health impacts can be caused.
Regulation 123 4
(4) If a disposal well is unavailable and discharge to surface waters or land is necessary, a contractor, permit holder or a midstream operator shall consider the following pollution prevention and control measures— (a) reduce the need for chemicals by minimizing the time that test water remains in the equipment or pipeline; (b) carefully select chemical additives in terms of dose concentration, toxicity, biodegradability, bioavailability, and bioaccumulation potential; (c) conduct toxicity testing as necessary using recognized test methodologies; (d) use the same water for multiple tests; and (e) monitor hydrostatic test water quality before use and discharge and treat to meet the limits established by the Authority and NEMA prior to its disposal.
Regulation 123 5
(5) If significant quantities of chemically treated hydrostatic test waters are required to be discharged to a surface water body, a contractor, permit holder or a midstream operator shall conduct and document an assessment of alternatives.
Regulation 124 1
124. (1) A contractor shall employ techniques and practices that minimize the amount of waste produced in the course of drilling.
Regulation 124 2
(2) A contractor shall consider alternative options with respect to management of drilling waste that may include one, or a combination of the following— (a) measures directed at minimizing volumes of drilling waste requiring disposal; (b) minimisation of environmental hazards related to residual chemical additives on discharged cuttings by careful selection of the fluid system and water-based drilling fluids shall be selected whenever it is technically feasible; (c) careful selection of drilling fluid additives, taking into account their concentration, toxicity, bioavailability and bioaccumulation potential; (d) use of high-efficiency solids removal and treatment equipment to reduce and minimize the amount of residual fluid contained in drilled cuttings; (e) use of directional drilling techniques where technically feasible to avoid sensitive surface areas and to gain access to the reservoir from less sensitive surface areas. (f) injection of drilling waste into a dedicated disposal well; (g) injection into the annular space of a well; (h) storage in dedicated storage tanks or lined pits prior to treatment, recycling, and/or final treatment and disposal; (i) monitor and minimize the concentration of heavy metal impurities in barite stock used in the fluid formulation. (j) on-site or off-site biological or physical treatment to render drilling waste non-hazardous prior to final disposal using established methods approved by the Authority and NEMA, in which case, bioremediation and landfarming alternatives shall be assessed prior to adoption; and (k) recycling of spent fluids back to the vendors for treatment and re-use.
Regulation 124 3
(3) A contractor shall treat and dispose of all drilling waste in accordance with these Regulations, the approved standards and best petroleum industry practices.
Regulation 125 1
125. (1) A contractor, permit holder or midstream operator shall within twenty four (24) hours notify the Authority and any other relevant government agency if it encounters radioactive materials in the process of its operations in accordance with Kenyan laws.
Regulation 125 2
(2) A contractor shall not abandon radioactive sources in a well without prior approval of the Authority in a case where radioactive sources cannot practicably be removed.
Regulation 125 3
(3) A risk assessment shall be carried out in relation to all wells which must be permanently abandoned as a consequence of radioactive sources which may have been left in the well.
Regulation 125 4
(4) Where a radioactive source cannot practicably be removed, the well shall be abandoned in a manner that ensures safety to human health and the environment in accordance with all relevant laws, the approved standards and best petroleum industry practices.
Regulation 126 1
126. (1) A contractor shall treat and dispose of all produced sand in accordance with these Regulations, the approved standards and best petroleum industry practices.
Regulation 126 2
(2) Produced sand shall be treated as oily waste and may be treated and disposed in accordance with these Regulations and other applicable Kenyan law.
Regulation 126 3
(3) If water is used to remove oil from produced sand, it shall be recovered and routed to an appropriate treatment and disposal system.
Regulation 126 4
(4) A contractor shall reduce the production of sand at source using effective downhole sand control measures.
Regulation 127 1
127. (1) A contractor shall treat and dispose of all completion and well workover fluids in accordance with these Regulations, the approved standards and best petroleum industry practices.
Regulation 127 2
(2) Feasible disposal options for completion and well workover fluids shall be considered, including the following— (a) collection of fluids, where handled in closed systems, and shipment back to the original vendors for recycling; (b) injection into a disposal well, where available; (c) inclusion as part of the produced water waste stream for treatment and disposal; and (d) on-site or off-site biological or physical treatment at an approved facility in accordance with the waste management plan.
Regulation 128 1
128. (1) Where NORM is present or NORM precipitation and/or accumulation conditions are known or expected to exist, a contractor, permit holder or midstream operator shall develop a NORM management plan to ensure appropriate handling and management procedures.
Regulation 128 2
(2) A contractor shallsubmit for approval to the Authority a NORM management plan, which shall be shared with the Authority, NEMA and Radiation Protection Board.
Regulation 128 3
(3) A NORM management plan shall include the following— (a) identification, characterisation and assessment of existing situations involving the generation of NORM in the past, present or future; (b) evaluation of NORM management options for both existing and future NORM waste and selection of the optimum option; and (c) implementation of the optimum option for each NORM stream.
Regulation 128 4
(4) A contractor shall treat and dispose of NORM, in accordance with these Regulations, the approved standards and best petroleum industry practices. A contractor shall retain updated records related to the radiation exposure levels of equipment and the disposal of oil and gas NORM waste for a period of not less than ten (10) years.
Regulation 129 partial
129. A contractor shall not dispose of petroleum waste, brine, wastewater and other substances produced in association with the exploration and production of petroleum into a formation not
Legislation notice 12
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Body
Authority (Disposal well permitting and flaring and venting authorization.), National Government agency responsible for environment and safety (Consultation concerning authorization of venting or flaring natural gas.)
Regulation 129 continuation
productive of petroleum without prior obtainment of a permit from the Authority.
Regulation 130 1
130. (1) A contractor shall apply for a disposal well permit to the Authority in writing at least two (2) months before commencement of injection operations.
Regulation 130 2
(2) An application for disposal well permit shall include—
Regulation 130 2 a
(a) an application form provided in the Seventh Schedule; and
Regulation 130 2 b
(b) information regarding the locations of any historical seismic events within a circular area of 160 square kilometres, centred around the proposed disposal well location.
Regulation 130 3
(3) A contractor upon submission of an application shall pay a permit fee prescribed by the Authority.
Regulation 131
131. Where conditions exist that may increase the risk that fluids will not be confined to the injection interval, the Authority may require a contractor to submit additional information to demonstrate that fluids will be properly contained.
Regulation 132 1
132. (1) On receipt of an application for a disposal well permit, the Authority shall notify the applicant in writing within seven (7) days if—
Regulation 132 1 a
(a) a contractor has failed to pay the prescribed fee; or
Regulation 132 1 b
(b) there is an error or deficiency in the application.
Regulation 132 2
(2) If the applicant fails to rectify an error or deficiency within the required period, the Authority shall—
Regulation 132 2 a
(a) not process the application, and
Regulation 132 2 b
(b) give notice to the applicant of its inability to process the application.
Regulation 132 3
(3) On receipt of a compliant application for a disposal well permit, the Authority shall—
Regulation 132 3 a
(a) acknowledge receipt of the application and confirm that the application is complete; and
Regulation 132 3 b
(b) arrange for and carry out a public consultation to—
Regulation 132 3 b i
(i) identify all relevant stakeholders whose participation is desirable or whose interests may be affected by upstream and midstream subject to the permit;
Regulation 132 3 b ii
(ii) inform all identified stakeholders of the proposed procedure and schedule for the iteration of the permit application;
Regulation 132 3 b iii
(iii) sufficiently communicate to identified stakeholders the scope of the permit application under consideration to enable effective participation; and
Regulation 132 3 b iv
(iv) collect and facilitate feedback received from the stakeholders.
Regulation 132 4
(4) In conducting a public consultation under this regulation, the Authority shall adopt a procedure and schedule appropriate to ensure the contents of the permitting application and any proposed operations are fully considered by relevant stakeholders.
Regulation 133 1
133. (1) The Authority shall approve an application by issuing a disposal well permit if the Authority is satisfied that
Regulation 133 1 a
(a) the information provided in the permit application meets the requirements specified in the Eighth Schedule; and
Regulation 133 1 b
(b) a contractor has demonstrated that the formations are separated from freshwater formations by impervious beds which will give adequate protection to such freshwater formations.
Regulation 133 2
(2) The Authority shall acknowledge receipt of the application within one (1) week of receipt; and inform a contractor in writing of the decision of the Authority within two (2) months after the receipt of the application.
Regulation 133 3
(3) Where—
Regulation 133 3 a
(a) a contractor fails to pay the prescribed fee; or
Regulation 133 3 b
(b) there is an error or deficiency in the application,
Regulation 133 3 conclusion
21. the Authority shall notify a contractor in writing within fourteen (14) days after the receipt of the application to rectify the situation.
Regulation 133 4
(4) If the applicant fails to rectify the deficiencies within the period specified in the notification provided in the preceding sub-regulation the Authority shall—
Regulation 133 4 a
(a) not process the application; and
Regulation 133 4 b
(b) give notice to the applicant of its inability to process the application.
Regulation 133 5
(5) The Authority shall reject an application if the proposed activities may result in the occurrence of any significant detrimental risk to the environment, private property, individuals or the public safety.
Regulation 133 6
(6) A disposal well permit shall be subject to such conditions as the Authority may specify.
Regulation 133 7
(7) A contractor is required to conduct operations related to disposal of petroleum waste, brine, wastewater and other substances produced related to operations in compliance with applicable Kenyan laws, standards, terms and conditions of the issued permit.
Regulation 134 1
134. (1) A disposal well permit shall be valid for the period specified in the permit and may be renewed.
Regulation 134 2
(2) An application for the renewal of disposal well permit shall be submitted to the Authority by a Contractor not later than thirty (30) days prior to its expiration.
Regulation 135
135. A disposal well permit may be modified, suspended, or terminated by the Authority for just cause after notice and opportunity for hearing, if—
Regulation 135 a
(a) a material change of conditions occurs in the operation or completion of the disposal well, or there are material changes in the information originally furnished;
Regulation 135 b
(b) freshwater is likely to be polluted as a result of continued operation of the well;
Regulation 135 c
(c) there are substantial violations of the terms and provisions of the permit or of Authority rules;
Regulation 135 d
(d) the applicant has misrepresented any material facts during the permit issuance process;
Regulation 135 e
(e) injected fluids are escaping from the permitted disposal zone;
Regulation 135 f
(f) injection is likely to be or determined to be contributing to seismic activity; or
Regulation 135 g
(g) waste of oil, gas, or geothermal resources is occurring or is likely to occur as a result of the permitted operations.
Division heading
22. Division 4 – Flaring, Venting and Fugitive Emissions
Sub division heading
23. Sub-Division 1 – Flaring and Venting
Regulation 136 1
136. (1) A contractor sub-contractor, permit-holder or licensee shall not vent or flare natural gas in the course of the conduct of upstream petroleum operations except with the prior authorization of the Authority in consultation with the National Government agency responsible for environment and safety and any other National Government entity in accordance with these Regulations.
Regulation 136 2
(2) The prior consent under sub-regulation (1) shall not be required—
Regulation 136 2 a
(a) in the case of an emergency and where such venting or flaring is necessary to avert a disaster;
Regulation 136 2 b
(b) for safety reasons, such as flaring in safety burner pilots to maintain positive pressure;
Regulation 137 1
137. (1) A contractor, permit holder or a midstream operator shall apply for a flaring and/or venting approval to the Authority in writing at least two (2) months before commencement of operations or of each calendar year.
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Authority (Receives records and information, examines facility attendance records and approves natural gas measurement methods.), NEMA (Receives drilling waste information.), Environmental Authority (Receives post-disposal drilling waste information.)
Regulation 150 2 continuation
provide workers and contractors with relevant information for their performance and health.
Regulation 151
151. A contractor, permit holder or midstream operator must maintain and make readily available at the location of any facility or activity, a risk register summarising—
Regulation 152 1
152. (1) A contractor, permit holder or a midstream operator shall at all times keep a record of every person present at a facility.
Regulation 152 2
(2) The record referred to under sub-regulation (1) shall—
Regulation 153
153. A contractor, permit holder or a midstream operator shall maintain records of the details and results of all tests of facilities and equipment and shall ensure these are readily available for inspection
Regulation 154
154. A contractor, permit holder or a midstream operator shall ensure that a record shall be kept of fire response drills in such detail as to allow for continuous improvement in fire response actions.
Regulation 155
155. A contractor, permit holder or a midstream operator shall ensure that—
Printed number
27.
Regulation 156 1
156. (1) A contractor, permit holder or a midstream operator shall keep a record of all personal protective equipment provided in the course of upstream and midstream.
Regulation 156 2
(2) The record required by this regulation shall contain—
Regulation 156 3
(3) Contractors or a midstream operator shall maintain records on training provided to workers on the use and maintenance of personal protective equipment which shall include—
Regulation 156 4
(4) A contractor, permit holder or a midstream operator shall maintain the records required under this regulation for at least two (2) years after the equipment ceases to be in use.
Regulation 157 1
157. (1) A contractor shall document, retain in the well file and upon request make available to the Authority and/or NEMA on the following information—
Regulation 157 2
(2) A contractor shall retain the information provided in sub-regulation (1) until the well site and any associated remote drilling waste storage or biodegradation site have successfully been reclaimed.
Regulation 157 3
(3) A contractor shall submit post-disposal information to the Authority and the Environmental Authority, identifying the drilling waste volumes generated, the management or disposal options used, and the disposal locations.
Regulation 158 1
158. (1) For drilling waste that has been generated from directional drilling activities associated with pipeline construction, a midstream operator shall document and retain until the pipeline has been abandoned, or, where a remote site was used to manage the drilling waste, until the remote site has been successfully reclaimed, the following information—
Regulation 158 2
2. Within twelve (12) months of each directional drilling activity associated with pipeline construction, a midstream operator shall submit to NEMA, post-disposal information identifying the drilling waste volumes generated, storage systems used, disposal methods used, and locations of disposals.
Regulation 159 1
159. (1) A contractor, permit holder or a midstream operator shall continuously and accurately measure the quantity of natural gas vented or flared using use measurement methods approved by the Authority.
Regulation 159 2
(2) A contractor, permit holder or a midstream operator shall maintain records of flaring and venting events which shall—
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Authority, County Government (Consulted in preparing an emergency response plan where the facility is located, or activity is carried out.)
Appointing authority
Cabinet Secretary (Shall, by notice in the Gazette, appoint duly qualified persons, to be inspectors of the Authority.)
Regulation 167 3 b
(b) be coordinated with any national emergency response system; and
Regulation 167 3 c
(c) provide for testing of emergency procedures, including outlining the required frequency of testing.
Regulation 167 4
(4) The Authority shall—
Regulation 167 4 a
(a) require that the emergency response activities be coordinated with intergovernmental activities in force in its geographical region;
Regulation 167 4 b
(b) assist cooperation with other contractors;
Regulation 167 4 c
(c) take measures to obtain any necessary additional resources;
Regulation 167 4 d
(d) specify the required functions of the emergency response equipment; and
Regulation 167 4 e
(e) where justified, require a contractor, permit holder or a midstream operator to place any additional safety apparatus at or near the installations.
Regulation 167 5
(5) A contractor, permit holder or a midstream operator shall notify the Authority, at least fifteen (15) days in advance, of plans for holding emergency response drills if:
Regulation 167 5 a
(a) the drills involve stoppage of operations for more than 24 hours and/or
Regulation 167 5 b
(b) Involves other relevant government agencies.
Regulation 167 6
(6) A contractor, permit holder or a midstream operator shall—
Regulation 167 6 a
(a) keep a copy of the emergency preparedness and response plan at the facility; and
Regulation 167 6 b
(b) provide a copy of the emergency preparedness and response plan to the Authority and any other relevant stakeholders as the Authority may determine.
Regulation 167 7
(7) A contractor, permit holder or a midstream operator shall immediately implement the emergency response plan and procedures where—
Regulation 167 7 a
(a) a major accident occurs at a facility or during upstream and midstream; or
Regulation 167 7 b
(b) an incident occurs that could reasonably be expected to lead to a major accident.
Regulation 167 8
(8) A contractor, permit holder or a midstream operator shall notify the Authority and any other relevant stakeholders of the occurrence of an incident or accident.
Regulation 168 1
168. (1) In preparing an emergency response plan, a contractor, permit holder or a midstream operator shall consult—
Regulation 168 1 a
(a) the Authority and relevant Government Agencies; and
Regulation 168 1 b
(b) the County Government where the facility is located, or activity is carried out.
Regulation 168 2
(2) A contractor, permit holder or a midstream operator shall consider the recommendations made by the authorities listed above in the development of the emergency response plan.
Regulation 169 1
169. (1) A contractor, permit holder or a midstream operator shall ensure that, where a risk of a significant oil spill exists, the emergency procedures shall include a plan with respect to oil spill preparedness and response.
Regulation 169 2
(2) An oil spill preparedness and response shall be consistent with any applicable national policy on oil spill preparedness and response, all applicable Kenyan laws and, at a minimum, shall include consideration of the following matters—
Regulation 169 2 a
(a) organizational roles and responsibilities with regard to administering and implementing the plan;
Regulation 169 2 b
(b) communications strategy and responsibilities;
Regulation 169 2 c
(c) strategic response coordination with authorities, and other relevant entities;
Regulation 169 2 d
(d) suitable scenario planning and risk assessment;
Regulation 169 2 e
(e) appropriate analysis of the location, surroundings and ecological context;
Regulation 169 2 f
(f) measures for spill detection, identification of the source of spills and spill control;
Regulation 169 2 g
(g) options for containment, removal and remediation of spills;
Regulation 169 2 h
(h) reporting and notification obligations;
Regulation 169 2 i
(i) arrangements for training with respect to the plan;
Regulation 169 2 j
(j) requirements to update the plan; and
Regulation 169 2 k
(k) any other matter required by the Authority,
Regulation 170 1
170. (1) Prior to commencement of any upstream or midstream operations, the Authority shall undertake to communicate to affected members of the public in a language that they can easily understand—
Regulation 170 1 a
(a) the nature of any proposed activities;
Regulation 170 1 b
(b) any legal rights of affected members of the public with respect to the proposed activities;
Regulation 170 1 c
(c) the means by which affected members of the public may liaise with the Authority before and during the proposed activities.
Regulation 170 2
(2) Where any significant change to the information communicated to the affected members of the public under this regulation., the Authority shall ensure such changes are promptly communicated to the affected members of the public.
Regulation 170 3
(3) Prior to installing any facility a contractor, permit holder or a midstream operator shall provide the following information to the local community where the facility will be located—
Regulation 170 3 a
(a) the name and location of the facility or petroleum activity;
Regulation 170 3 b
(b) the name, position and contact details of a person-in-charge with whom members of the local community may liaise;
Regulation 170 3 c
(c) a general description of the potential hazards posed by the operation of the facility;
Regulation 170 3 d
(d) the means by which the local community will be informed of an incident or accident occurring; and
Regulation 170 3 e
(e) the actions, as specified in the emergency plan, that members of the local community may take if an incident or accident occurs.
Part heading
29. PART VIII – INSPECTIONS, CONTROL AND ENFORCEMENT
Regulation 171 1
171. (1) The Authority or its designated agents shall be responsible for carrying out safety, health and environmental inspections or audits of all activities related to upstream and midstream petroleum operations.
Regulation 171 2
(2) The Authority, or an inspector authorized by the Authority in writing, may at all reasonable times inspect any upstream and midstream petroleum operations, and any records of a contractor, permit holder or a midstream operator relating thereto, with the goal of monitoring compliance with the requirements established in these Regulations.
Regulation 171 3
(3) A contractor, permit holder or a midstream operator shall assist the facilitation of inspections and provide, where available, facilities similar to those applicable to its own staff or contracted persons for transport to the upstream and midstream, subsistence and accommodation and pay all reasonable expenses directly connected with the inspection.
Regulation 172 1
172. (1) The Cabinet Secretary shall, by notice in the Gazette, appoint duly qualified persons, to be inspectors of the Authority.
Regulation 172 2
(2) The Authority or an inspector may at all reasonable times and upon at least a twenty-four (24) hours’ notice to a contractor, permit holder or a midstream operator or a subcontractor, enter into any part of the licence area or any other location, premises, structure or business place occupied by a contractor, permit holder or a midstream operator or a subcontractor—
Regulation 172 2 a
(a) to examine or investigate anything which a contractor, permit holder or a midstream operator or a person contracted by the foregoing is authorised by the Act and these Regulations to perform, install, construct or take possession of;
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Body
Authority, Government
Court
Tribunal
Issuing authority
Cabinet Secretary (May direct payment of enforcement costs.)
Regulation 172 2 b
(b) to inspect and make abstracts or copies of any logs, records, maps, accounts or other documents which a contractor, permit holder or a midstream operator or a person contracted by the foregoing is required to make or keep in accordance with the Act and these Regulations;
Regulation 172 2 c
(c) to carry out any other authorised function under the Act and these Regulations.
Regulation 172 2 d
(d) require the production of, inspect, examine and copy licences, registers, records and other documents relating to these Regulations;
Regulation 172 2 e
(e) access documents for examination or copy or otherwise reproduce and shall issue a certificate of seizure to the person from whom they were taken and return them on completion;
Regulation 172 2 f
(f) take samples of any articles and substances to which these Regulations relate and submit such samples for test and analysis;
Regulation 172 2 g
(g) conduct tests or take measurements;
Regulation 172 2 h
(h) require that anything be operated, used or set in motion, under conditions specified by the inspector; and
Regulation 172 2 i
(i) use any machine, structure, material or equipment in the place the inspector is inspecting in order to carry out the inspection.
Regulation 172 3
(3) Notwithstanding sub regulation (1) an inspector may at any time and without notice enter an area which is subject of a licence and inspect the operation and facility of a contractor, permit holder or a midstream operator or a person contracted by the foregoing without notice for the purpose of ascertaining that the provisions of these Regulations or any other applicable Kenyan law are being complied with.
Regulation 172 4
(4) An inspector shall identify himself or herself upon arrival at the licence area, a facility or any other location, premises, structure or business place occupied by a contractor, permit holder or a midstream operator or a subcontractor.
Regulation 172 5
(5) An inspector shall not, in exercising his or her powers under this regulation, unreasonably interfere with or delay the operations of a contractor, permit holder or a midstream operator or a subcontractor.
Regulation 172 6
(6) An inspector may make any investigation necessary to determine whether or not the provisions of the Act and these Regulations are being complied with.
Regulation 172 7
(7) Where an inspector finds any plant or facility in a dangerous condition or any practice or method of work in connection with any licensed petroleum activity carried out in a dangerous manner, or is not in accordance with the Act, these Regulations, the approved standards or is contrary to best petroleum industry practices, the inspector may give the person-in-charge notice in writing to repair, replace and/or remedy that operation, practice or method of work.
Regulation 172 8
(8) If the contractor, a midstream operator or person to whom an enforcement order is directed fails to comply with the enforcement order, the Authority may apply to the Tribunal for an order requiring compliance with the enforcement order.
Regulation 173
173. With the written approval of the Authority, an inspector may issue enforcement orders—
Regulation 173 a
(a) requiring facility operators to cease activities polluting or likely to pollute the environment in violation of the provisions of these Regulations;
Regulation 173 b
(b) requiring facility operators to implement any remedial measures to restore the environment within such reasonable time as determined by the Authority;
Regulation 173 c
(c) ordering the closure of facilities polluting or likely to pollute the environment in violation of the provisions of these Regulations;
Regulation 173 d
(d) requiring the installation of any equipment on any land, premise, or vehicle for purposes of monitoring compliance with the provisions of these Regulations, upon giving the owner or occupier of the land three (3) months’ written notice; and
Regulation 173 e
(e) revoking permits issued by the Authority in accordance with these Regulations.
Regulation 174 1
174. (1) With the written approval of the Authority, an officer authorized to conduct an inspection may—
Regulation 174 1 a
(a) amend the terms or conditions of an enforcement order; or
Regulation 174 1 b
(b) lift or cancel an enforcement order.
Regulation 174 2
(2) Where an enforcement order is amended by addressing it to additional persons, a copy of the order shall be served on any person whose name was added to it, and the same person to whom the original order was issued.
Regulation 175 1
175. (1) If the contractor, a midstream operator, or person to whom an enforcement order is directed fails to comply with the enforcement order, the Authority may take reasonable action it considers necessary to carry out the terms of the enforcement order.
Regulation 175 2
(2) Costs incurred by the Authority under this regulation are recoverable by the Government in an action against the contractor, a midstream operator or person to whom the enforcement order was directed, or by order of the Cabinet Secretary directing any company or individual to which the enforcement order relates to pay to the Cabinet Secretary an amount not exceeding the amount owing in respect of the costs.
Regulation 175 3
(3) Costs under this regulation may include—
Regulation 175 3 a
(a) any costs incurred in investigating and responding to any matter to which an enforcement order relates; or
Regulation 175 3 b
(b) costs related to environmental assessment, remediation and compensation to affected persons.
Regulation 176
176. Where an enforcement order is issued to more than one person, all persons named in the order shall be jointly and severally responsible for carrying out the terms of the order and shall be jointly and individually severally liable for payment of the costs of doing so, including any costs incurred by the Authority under the preceding section.
Regulation 177 1
177. (1) During an inspection, an inspector may seize physical, digital or documentary evidence without the requisite search authority or warrant, if the inspector has reasonable grounds to believe that—
Regulation 177 1 a
(a) there has been an offence committed under these Regulations and
Regulation 177 1 b
(b) that the item seized provides evidence as to the commission of an offence.
Regulation 177 2
(2) Where an item is seized, the inspector shall notify the contractor, midstream operator or other relevant person as to the reason for the seizure and provide a certificate of seizure outlining the information in Fourteenth Schedule.
Regulation 177 3
(3) The Authority shall be responsible for maintaining the condition of seized items.
Regulation 177 4
(4) Within twenty-four (24) hours from the seizure of any item under this Regulation, the Authority will submit a report to the Tribunal, which will validate or reject the necessity to retain the seized item.
Regulation 177 5
(5) If the Tribunal does not issue a decision within seventy two (72) hours from receiving the Authority’s petition, the seized item shall be returned to the contractor, a midstream operator or other relevant person who is entitled to possession of it.
Regulation 177 6
(6) Where a contractor, a midstream operator or person is convicted of an offence under these Regulations, and anything relating to the conviction that was seized under this Part is still detained, the item shall, on the expiration of the time for taking an appeal from the conviction or on the conclusion of the proceedings, as the case may be—
Regulation 177 6 a
(a) be forfeited to the Government, if the court so directs; or
Regulation 177 6 b
(b) be restored to the contractor, a midstream operator or person from whom it was seized or to any other company or individual who is entitled to possession of it, subject to any terms and conditions imposed by the court.
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Authority (Keeps the register of permits and approvals, receives complaints and provides guidance for safety case applications.), Kenya Police Service (Members are exempt from the register inspection fee.), National Assembly (Members are exempt from the register inspection fee.)
Court
Tribunal (Hears appeals concerning the Authority’s response to a complaint.)
Regulation 178
178. (1) Any person who— (a) contravenes any provision of these Regulations; (b) fails to comply with any direction given under these Regulations commits an offence and is liable on conviction to a fine or imprisonment as determined by the Act and the Fifteenth Schedule.
Regulation 179 1
179. (1) The Authority shall keep a register of all permits and approvals issued under these Regulations which shall individually record their— (a) terms and conditions; (b) amendments; (c) duplicates; (d) suspensions or revocations; and (e) accompanying fees paid to the Authority.
Regulation 179 2
(2) Any person may, during the Authority’s working hours, inspect the register subject to paying a fee.
Regulation 179 3
(3) The fee under sub-regulation (2) does not apply to members of the Kenya Police Service, on-duty public officers, members of the National Assembly, the Authority’s employees and persons authorised by the Authority.
Regulation 180 1
180. (1) A contractor, permit holder or other such person dissatisfied with a decision of the Authority in respect of any matter provided for under these regulations may make a complaint to the Authority in writing.
Regulation 180 2
(2) The Authority shall acknowledge the receipt of the complaint in writing within five (5) days and attend to the complaint within thirty (30) days.
Regulation 180 3
(3) Where a contractor is not satisfied with the Authority’s response to the complaint, a contractor may appeal to the Tribunal within thirty (30) days of the receipt of the Authority’s response to the complaint.
Safety case guidance
Safety case applications shall follow the guidance given by the Authority and shall be accompanied by this cover sheet.
Safety case submission
The safety case application shall be submitted with one signed original, one additional hard copy and two electronic copies.
Electronic document format
Electronic documents submitted shall be a single, text searchable, indexed Portable Document Format (PDF) file, which is clearly labelled and in A4 format.
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Body
Energy and Petroleum Regulatory Authority (Addressee of hazardous substances notifications.), NEMA (May request inspection of the waste manifest form.)
Permit use
To use chemicals or hazardous substances in petroleum activities as follows:
Msds information order
Information on MSDS should be provided in the order provided below.
Hazardous substances notification
Each notification to the Authority concerning all hazardous substances present or likely to be present at the facilities or to be used in operations shall employ the form outlined in this schedule.
Manifest instructions
Manifests shall be composed of one original and three copies. The waste generator and the waste transporter shall fill in information in the original. After the generator hands over the waste to the transporter, the waste generator shall retain the first copy, and the waste transporter shall keep the original, and the remaining copies. The waste transporter shall, at all times avail the manifest form for inspection by NEMA upon request.
Manifest delivery instructions
When the waste transporter delivers the waste to the receiver, the waste transporter shall retain the second copy of the manifest and surrender the remaining copies and the original to the receiver. After
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Energy and Petroleum Regulatory Authority (Recipient of the Notice of Accident or Incident)
Report recipient
Director General, Energy and Petroleum Regulatory Authority (The Director General)
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Casualties repeat instruction
(Repeat rows as necessary)
Contact details instruction
Provide contact information and the current location (e.g. facility, treatment centre etc) for each injured person and current location for interview
Witness details
Witness details (if any) Provide: - name(s) of witnesses - contact details for witnesses - copies of any statement given by a witness in relation to the incident or accident (Repeat rows as necessary)
Report signature
Signed:
Report attachment instruction
Please attach any information that is relevant to the incident/accident or any other additional information the authority may require.
Seizure repeat instruction
(Repeat rows as necessary for additional items)
Seizure signatures
Signed (Inspector 1): Signed (Inspector 2):
Safety case overview
The safety case for a facility or related activity shall demonstrate that there are effective means of ensuring: (a) systematic implementation of risk identification and control; (b) continual and systematic identification of deficiencies in the control of risk (safety management system); and (c) continual and systematic improvement of the control of risk.
Safety case contents
A safety case provided under these Regulations shall include the information outlined in this Schedule with respect to: (a) Methodology (b) Facility Description (c) Risk Assessment (d) Safety Management System including continuous improvement processes.
Methodology
The Safety Case shall outline the methodology used in preparing the risk assessment and other aspects of the safety case including any references to industry standards.
Risk assessment types
The methodology shall outline the approach taken to accurately identify all hazards and risks relating to the upstream and midstream petroleum operations, facilities and personnel, including the types of assessment employed as follows: - (a) qualitative risk assessment, in which frequency and severity are determines purely qualitatively; (b) semi-quantitative risk assessment, in which frequency and severity are approximately quantified within ranges; or (c) quantitative risk assessment, in which full quantification occurs.
Risk assessment guidance
The risk assessment methodology should provide a ranking of risks in order, for subsequent consideration of risk reduction i.e. mitigation. The rigour of assessment should be proportionate to the magnitude of risk and complexity of the problem identified as illustrated in figure 1. Therefore, in the case of an extremely high-risk situation, that is labelled ‘intolerable’, quantitative risk assessment may be employed.
Figure caption
Figure 1: Proportionate Risk Assessment
Figure key
KEY: ALARP- As Low As Reasonably Probable Q- Qualitative risk assessment SQ- Semi-quantitative risk assessment QRA- Quantitative risk assessment
Facility description
Where a safety case is developed for a facility it shall contain a description of the facility including details of: 1) the principal functions and operations of the facility; 2) the layout of the facility;
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Risk assessment requirement
A contractor, permit holder or a midstream operator shall, in relation to the facility and related activities, outline a detailed description of the assessment, or series of assessments, that:
Risk assessment format
The risk assessment shall be set out in a logical, coherent and accessible format which identification of the risks arranged by each activity to be performed in a particular installation or facility.
High risk identification
The risk assessment shall clearly identify any high-risk installations or facilities.
Risk acceptance criteria
Risk acceptance criteria used in the risk assessment shall be clear, objective, transparent and support of reasoned decision making.
Risk tolerability criteria
Contractors or midstream operators shall establish risk tolerability criteria against which all risks shall be assessed and reduced to a level that is tolerable and as low as reasonably practicable in the given context.
Safety management system
The safety case for the facility shall also contain a detailed description of the system risk control measures and practices including mitigation and recovery measures that are adequate and effective to reduce risk to safety and health of persons at or near the facility to a level that is as low as reasonably practicable.
Additional control measures
Without limiting the control measures, a contractor, permit holder or a midstream operator shall ensure adequate consideration of:
Stage specific safety case
If a contractor, permit holder or a midstream operator of a facility submits a safety case for a construction, installation, modification or decommissioning stage in the life of the facility, the safety case shall contain the matters outlined in this Schedule with sufficient reference to:
Safety case updating
The contractor, permit holder or midstream operator shall define any conditions or criteria that may require updating a risk assessment in addition to those outlined in these regulations.
Environmental liability policy continuation
The significance of any damage that has adverse effects on reaching or maintaining the favourable conservation status of habitats
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Issuing authority
Authority (Receives weekly reports and may request information where flaring or venting is forecast to exceed consented levels.)
Office
Managing Director (or equivalent) (Evidence of awareness of the issue may be requested.)

Schedule 362 rows

Rows 1 to 200 of 362.

151. (a)	each risk identified in the safety case;
151. (b)	the risk assessment with respect to that risk;
151. (c)	the mitigation measures in place in relation to that risk with respect to the relevant facility or activity; and
151. (d)	schedule for monitoring and reviewing the risks to ensure that the mitigation measures are effective.
152. (2) (a)	specify particulars of the persons on the facility; and
152. (2) (b)	be made available at all time for examination by an authorised representative of the Authority.
155. (a)	the results of the inspection and testing under this regulation; and
155. (b)	any actions taken as a consequence of the outcome of inspection and testing under this regulation, are sufficiently recorded and made available to the Authority on request.
156. (2) (a)	a description of the equipment and the date of its acquisition by a contractor, permit holder or a midstream operator;
156. (2) (b)	the date and result of each inspection and test of the equipment;
156. (2) (c)	the date and nature of any maintenance work performed on the equipment since its acquisition by a contractor, permit holder or a midstream operator;
156. (2) (d)	the name of the competent person who performed the inspection, test, maintenance or repair of the equipment; and
156. (2) (e)	any other relevant information.
156. (3) (a)	the date of training;
156. (3) (b)	the recipients of the training;
156. (3) (c)	the content of the training; and
156. (3) (d)	any other relevant information.
157. (1) (a)	the location and identification of the well that generated the drilling waste;
157. (1) (b)	the type of drilling mud system used;
157. (1) (c)	the method used to store the drilling waste and a plot plan identifying the location of the storage system;
157. (1) (d)	the volume of drilling waste generated, and the management method used; and
157. (1) (e)	if different drilling waste types or phases were segregated, the information above shall be documented for the management of each segregated type or phase.
158. (1) (a)	the identification of the pipeline that generated the drilling waste;
158. (1) (b)	the geographical co-ordinates of the pipeline “from” and “to” location;
158. (1) (c)	the plot plan showing the entry and exit pits of the directional drill, and a description of the method used to prevent migration of drilling mud/waste during drilling in the event that the pit does not consist of suitable clayey soils;
158. (1) (d)	if a remote site was used, its geographical co-ordinates and specific use (e.g., storage, including type of storage system, and disposal, including type of disposal method), and a plot plan showing the storage and disposal areas;
158. (1) (e)	the type of mud system used, and a list of all the additives, products, or chemicals used, including the quantities used, and documentation to verify the mud system was nontoxic.
158. (1) (f)	the quantities of drilling waste generated, and the management method used;
158. (1) (g)	a copy of the post-disposal information submitted under sub-regulation (1).
159. (2) (a)	include the date, time, duration, gas source or type (e.g., sour inlet gas, acid gas), rates, and volumes for each incident;
159. (2) (b)	include information on any complaints related to flaring, incineration, and venting and how these complaints were investigated and addressed; and
159. (2) (c)	describe each non-routine flaring, incineration, and venting incident and any changes made to prevent future non-routine events from occurring.
Date:	Signature:
Discrepancies	NAME (Print):
3)	the activities that will, or are likely to, take place at, or in connection with, the facility;
4)	identification of installations at the facility or any related activities or operations that may present a risk of an incident, hazard or accident including:
(a)	a description of the main operations, materials, and products of the parts of the facility which may be a source of significant risks to safety; and
(b)	a description of hazardous substances present or likely to be present.
5)	The location and the surrounding environment including any relevant matters relating to meteorological, geological, hydrographic conditions or the history of the site;
6)	any neighbouring facilities or sites that may impact the level of risk at the facility or during activities; and
7)	any other relevant matters.

FIRST SCHEDULE Regulations 16 – 19 32. Safety case application form
Facility Details
Facility Name(s):
Facility type:
Key functions:
Location
Submission
Document title:
Document No.:	Revision:	Issue Date
Development stage:	(e.g. design, construction, modification….)
Reason for Submission	The reason why the safety case is being submitted including whether it is being submitted for the first time, or is a material change of a previous safety case)
Supporting documents	Document title:
	(repeat rows as necessary)
Difference from previously submitted Safety Case (if applicable)
Outline the changes made to the safety case or notification from a previously submitted version if relevant
Applicant
Name:	Signature:
Position:	Date:
Postal address:
Email:
Phone number(s):	(tel.)	(mob.)
On behalf of:	(Name of operator)
Petroleum Agreement:

SECOND SCHEDULE Regulation 91 APPLICATION FOR PERMIT TO USE HAZARDOUS SUBSTANCES IN UPSTREAM AND MIDSTREAM.
Contact details
Applicant name
Address
Tel No
Cell phone No
Fax
Manufacturer name
Manufacturer address
Site information
Physical Location (county, town, street,)
LR No
GPS Coordinates
Environment Impact Assessment Licence
Product information
Registration number
Common names
Chemicals or materials name
Trade name
Concentration
State of product (technical or formulated)
Purpose for use in mining
Quantity (Weight, Volume)
Onsite / Mining site storage facility
DECLARATION BY APPLICANT
I hereby certify that the particulars given above are correct / true to the best of my knowledge
Name
Signature
Date
FOR OFFICIAL USE ONLY
Approved/Not approved
Comments
Receipt No	Amount (KShs)
Officer’s Name
Signature	Date

THIRD SCHEDULE Regulation 92
Permit No:	Application Ref No:
PERMIT TO USE HAZARDOUS SUBSTANCES IN UPSTREAM AND MIDSTREAM

This Permit is issued to:

To use chemicals or hazardous substances in petroleum activities as follows:

Location of site (LR No/ County/ Town/ Other):

This Permit is valid from: to:

This permit is subject to the following conditions:

Signed: Date:

Position of signatory: (Official seal)

MATERIAL SAFETY DATA SHEET
1.	Identification
2.	Hazard identification
3.	Composition / information of ingredients
4.	First-aid measures
5.	Fire-fighting measures
6.	Accidental release measures
7.	Handling and storage
8.	Exposure controls / personal protection
9.	Physical and chemical properties
10.	Stability and reactivity
11.	Toxicological information
12.	Ecological information
13.	Disposal considerations
14.	Transport information
15.	Regulatory information
16.	Other information.

NOTIFICATION OF HAZARDOUS SUBSTANCES PRESENT OR LIKELY TO BE PRESENT AT FACILITIES OR TO BE USED IN OPERATIONS
To: Energy and Petroleum Regulatory Authority
Contractor ……………………….………………… …….
Facility: ……………………….………………… …….
(add rows as necessary)
Signed: ……………………….……………………….
Position: ……………………….……………………….
On behalf of: …………………….………………………….
(name of contractor)

WASTE MANIFEST FORM
GENERATOR	TRANSPORTER
Company Operator ID:	Company Name:
Address:	Address:
Postal Code:	Postal Code:
City: Country:	City: Country:
Source Site Location Unit No.	Phone:
NEMA License Type Number:	Fax:
Recipient:	Certification – I declare that I received wastes as offered by the Generator for delivery to the intended Receiver and that the information contained below is correct and complete.
	NAME (for the Transporter):
Receiving Site Location:	RECIPIENT
	Company Operator ID:
City:	Address:
County	Postal Code:
NAME (for the Generator):	NAME (for the Recipient):
Signature:	Signature:

Waste Description	Containers No.	Containers Type	Total Quantity	Unit No.	Waste Code
1.
2.

WASTE MANIFEST FORM — Instructions continued
Text
verifying that there are no discrepancies between the cargo and the manifest, the receiver shall complete the original form, retain the third copy of the manifest, and give the original back to the generator.
One copy shall be submitted to the Authority by the waste generator (contractor, permit holder or midstream operator) within 60 days of the commencement of the waste transfer.

SEVENTH SCHEDULE — Regulation 133 — DISPOSAL WELL PERMIT APPLICATION
Field	Printed value or instruction
Applicant name:	(full corporate name)
Address:	(full corporate address)
Petroleum Agreement name and number:
Phone:
Email address:
Type of permit requested:
Proposed start date:
Proposed finish date:
Methodology and equipment to be used:
Location of the well (GPS Coordinates)
Name and address of a contractor (where such person is not a contractor)
Contact details	(name and contact details primary contact regarding the well) (full name, address, telephone number and email address)
Date:	(dd-mm-yyyy)
Authorised Applicant’s representative	(full name)
Authorised Signature:	(Applicant’s representative)

SEVENTH SCHEDULE — Enclosed documents: (tick the boxes as appropriate)
Marker	Document
o	copy of registration documents
o	complete well plan
o	global positioning system (GPS) location of each well
o	Environmental Impact Licence
o	copy of fee payment receipt
o	logs
o	seismic information
o	geologic cross-sections
o	pressure front boundary calculations
o	structure maps
o	other supporting documents (specify, where applicable)

SEVENTH SCHEDULE — Declaration:
Number	Text
1.	I hereby confirm that our company, its contractors and possess the ability to construct a well site, access road to the well site, facilitate mobility of equipment, supplies, and materials to the well site during drilling, monitoring, appraisal and evaluation activities.
2.	I hereby confirm that the information provided in this application is to my knowledge true and accurate.
3.	I understand that it is an offence to give false information in an application for a disposal well permit.
4.	I acknowledge that our company and our contractors and shall conduct drilling operations as approved by the Authority.
5.	I acknowledge that our company and our contractors and shall not commence and conduct drilling operations and drill or convert a well prior to obtaining a disposal well permit from the Authority.

EIGHTH SCHEDULE — Regulation 136 — Disposal Well Permit
Field	Printed value or instruction
Permit statement	This Disposal Well permit is hereby issued under the Petroleum (Upstream and Midstream Environment, Safety and Health) Regulations, 2021 to the named applicant to conduct the drilling and well operations as follows:
Type and purpose permit:	(description of issued permit):
Commencement date	(dd-mm-yyyy of permit issuing date):
Expiry date:	(dd-mm-yyyy of first expiry date)
Renewal:	(dd-mm-yyyy of new expiry date in case of renewal)
Date of issuance:	(dd-mm-yyyy)
Signature:	(Authority’s representative)

EIGHTH SCHEDULE — Terms and conditions:
Number	Text
1.	The applicant or a person conducting drilling or conversion operations on behalf of the operator shall—
(a)	commence work within (__) months from issuance of this permit, unless when an unforeseen circumstance arises;
(b)	conduct drilling or conversion operations under a submitted well program except for during an emergency or reapproval by Authority;
(c)	comply with all applicable Kenyan laws and regulations; and
(d)	provide data, reports and information in compliance with the Petroleum Act, 2019, Petroleum (Upstream and Midstream Environment, Safety and Health) Regulations, 2021, the individual Petroleum Agreement, and any other applicable Kenyan law;
(e)	submit the amended well drilling or conversion program, where an applicant intends to deviate from the approved program;
(f)	other terms and conditions.
2.	This permit is valid for (__) and may not be altered, revised, or modified, except with the consent of the Applicant and the Authority.

NINTH SCHEDULE — Regulation 142 — APPLICATION FOR VENTING AND/OR FLARING PERMIT
Field	Printed value or instruction
Application statement	This application is hereby submitted under the Petroleum (Upstream and Midstream Environment, Safety and Health) Regulations, 2021, for the venting and/or flaring permit.
Petroleum Agreement/License name and number:
Phone number:
Proposed start date of the permit:
Proposed end date of the permit:
Estimated volumes requested to be vented or flared:

Everyone named

Bodies 9	Ministry of Energy and Petroleum · Kenya Maritime Authority · NEMA · Radiation Protection Board · National Government agency responsible for environment and safety · Environmental Authority · Kenya Police Service · National Assembly · Energy and Petroleum Regulatory Authority
Issuing authority	Cabinet Secretary, Ministry of Energy and Petroleum
Recommending body	Energy and Petroleum Regulatory Authority
Report recipient	Director General, Energy and Petroleum Regulatory Authority
Office	Managing Director (or equivalent)
Also named 8	National Environment Management Authority · Energy and Petroleum Tribunal · Authority · Authority · Cabinet Secretary · County Government · Tribunal · Government
Law 8	Petroleum Act · Standards Act · Energy Act · Environmental Management and Co-ordination Act · Occupational Safety and Health Act · Nuclear Regulatory Act · Merchant Shipping Act · Work Injuries and Benefit Act

Corrections 0

Corrected by: No corrigendum in the issues we hold.
Cites: Petroleum Act, Standards Act, Energy Act, Environmental Management and Co-ordination Act, Occupational Safety and Health Act, Petroleum Act, First Schedule, the Act, Nuclear Regulatory Act, Merchant Shipping Act, Merchant Shipping Act, Guidelines in Schedule 18, Sixth Schedule, Seventh Schedule, Eighth Schedule, Ninth Schedule, Schedule 18, Tenth Schedule, Work Injuries and Benefit Act, Thirteenth Schedule, Fourteenth Schedule

Cite

Kenya Gazette Notice No. 9277 of 2025, Vol. CXXVII No. 150, 10 July 2025, p. 4302.

Permalink funua.com/notices/2025/9277/.

About this data

Source: Official PDF of Vol. CXXVII No. 150, from Kenya Law
Extracted by: AI models
Model audit: An independent model agreed with 98 to 99% of compared values for land and succession notices, 97% overall. Agreement between models, not verified accuracy.
Review flag: None on this notice

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Filed under: Legislation, 2025 · July 2025 · Energy and Petroleum Tribunal · Vol. CXXVII No. 150

Gazette Notice No. 9277 of 2025

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Schedule 362 rows

Everyone named

Corrections 0

Cite

About this data