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Incidents of Noncompliance (INCs)

Incidents of Noncompliance (INCs)

What is an incident or notice of noncompliance?

BSEE regularly inspects offshore facilities, examines operator reports and documents, and reviews Safety and Environmental Management Systems audits. Staff also conduct investigations, as discussed elsewhere on this site.

If BSEE determines that operators violated its regulations, it issues a notice known as an “incident of noncompliance” or a “notice of noncompliance.” The incident of noncompliance includes the deadline for correcting the violation. Operators have the right to request an extension and, within 60 days, to file an appeal with the Interior Board of Land Appeals.

Incidents of noncompliance fall under three categories:

  • Warning. Identifies an area of concern for the operator to note, monitor, and make corrections.
  • Component shut-in. Requires the facility to stop using noncompliant equipment until the violation is corrected.
  • Facility shut-in. Requires the facility to cease operation until the violation is corrected.

View annual summaries of incidents of noncompliance for the Gulf of Mexico Region.

What are the next steps?

BSEE reviews incidents of noncompliance to identify trends and follow-up actions, particularly for violations that represent

  • a potential system breakdown in the ability to manage risks,
  • a serious injury or potentially serious near miss, or
  • any series of incidents of noncompliance that, when taken as a whole, indicate a repeated or systematic failure to address process safety concerns beyond mere personnel safety issues.

One follow-up action is assessing a civil penalty, or fining the operator. Read more about this process here.