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18 1987

SAFETY, HEALTH AND WELFARE (OFFSHORE INSTALLATIONS) ACT, 1987

PART III

Safety

Safety, health and welfare regulations.

22. —(1) Subject to compliance with the requirements of section 5 (1) of this Act regarding consultation with the Minister for Energy, the Minister for Health or the Minister for the Environment, or obtaining the concurrence of the Minister for Communications, the Minister for the Marine and the Minister for Tourism and Transport, the Minister may make regulations for—

(a) the safety, health and welfare of persons employed—

(i) on or in offshore installations to which this Act applies, or

(ii) in the neighbourhood of such an installation and in relation to the exploration or exploitation as regards which the installation is, or is to be, used, and

(b) the safety of such installations and the prevention of accidents on or near them.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may—

(a) provide for or in relation to any of the matters mentioned in the Schedule to this Act,

(b) have effect in relation to hovercraft, helicopters or other aircraft, or vessels, on or in the neighbourhood of an offshore installation and used or intended to be used in relation to exploration or exploitation,

(c) regulate any activity, operation, process or work, whether on, in or in the neighbourhood of an offshore installation, or in the water, or on or below the surface of the shore or the bed of the sea,

(d) have effect in relation to any pipeline works.

(3) The inclusion in this Act of a provision in respect of any matter shall not operate to preclude the making under this section of regulations (consistent with that provision) in respect of that matter.

(4) (a) Regulations under this section may impose duties on concession owners, offshore installation owners, installation managers and contractors.

(b) In addition to the foregoing, regulations under this section may impose duties on persons who are of a prescribed class or description and who are employed on, in or in the neighbourhood of an offshore installation to which this Act applies.

(5) The manager of an offshore installation shall notify the owner thereof as soon as practicable of any event which occurs on, in or in the neighbourhood of the installation and of the occurrence of which the said owner is under regulations under this section required to notify the Minister.

Safety representative and deputy.

23. —(1) The persons (other than the installation manager) working on, in or from an offshore installation to which this Act applies may select and appoint from among their number a representative and a deputy (in this Act referred to as “the safety representative” and “the deputy safety representative”, respectively) to represent them in consultations under this section with the installation manager.

(2) The Minister may make regulations for giving effect to this section and, without prejudice to the generality of the foregoing, regulations under this section may make provision in relation to all or any of the following matters:—

(a) the terms and conditions of appointment and the functions and duties of the safety representative and the deputy safety representative;

(b) the duties of the installation manager concerned, including a requirement that he shall give (or cause to be given) to the safety representative (or the deputy safety representative) concerned a copy of the statement of policy under section 26 of this Act as soon as practicable, and in any event not later than ten days from the expiration of the period specified under section 26 (3) (c) of this Act for the preparation of such statement, and shall hold consultations with the safety representative (or the deputy safety representative) concerned for the purpose of ensuring co-operation between the management and the other persons working on, in or from the offshore installation concerned in securing compliance with the provisions of this Act (or of regulations thereunder) relating to safety, health and welfare, or such other statutory provisions which are prescribed for the purposes of this section and apply to such installation or to such persons (or to both);

(c) a provision that, on a request being made to an inspector, the safety representative (or the deputy safety representative) shall be entitled to accompany an inspector on any tour (or part of a tour) of inspection of the relevant offshore installation made by the inspector in the course of duty (other than a tour of inspection made specifically to investigate an accident) and that, where a representative intends to accompany an inspector, he shall inform him of his intention.

Safety committee and safety delegate.

24. —(1) The persons working on, in or from an offshore installation to which this Act applies may select and appoint from among their number members of a committee (in this Act referred to as “a safety committee”) to assist the owner of the installation or the installation manager (as may be appropriate) in securing the compliance described in subsection (3) (b) of this section.

(2) Where a safety committee is appointed and at the time of the appointment a safety representative (or deputy safety representative) stands appointed under section 23 or 25 of this Act in relation to the offshore installation concerned, the appointment of the safety committee shall operate to revoke the appointment of such representative.

(3) The Minister may make regulations for giving effect to this section and, without prejudice to the generality of the foregoing, regulations under this section may make provision in relation to all or any of the following matters:—

(a) providing for the terms and conditions of appointment and the method of determining (subject to section 25 of this Act) the number of members of a safety committee and the quorum for a meeting thereof;

(b) specifying the functions and duties of the safety committee, including assisting in securing compliance, by the installation manager concerned and by the persons working on, in or from the relevant offshore installation, with the provisions of this Act (or of regulations thereunder) relating to safety, health and welfare, or such other statutory provisions which are prescribed for the purposes of this section and apply to such installation or to such persons (or to both);

(c) providing for the selection and appointment by the safety committee from among their number of a representative and a deputy (in this Act referred to as the “safety delegate” and the “deputy safety delegate”, respectively), the terms and conditions relating to such appointment and the functions and duties of such delegates;

(d) a provision that the installation manager shall be entitled to attend personally (or be represented by at least one person nominated by him) at each meeting of the safety committee;

(e) provisions specifying the duties of the installation manager, including a requirement that he (or a representative) shall attend the first meeting of the safety committee and shall as soon as practicable, and in any event not later than ten days from the expiration of the period specified under section 26 (3) (c) of this Act for the preparation of such statement, give (or cause to be given) the committee the statement of policy under section 26 of this Act;

(f) a provision that, on a request being made by the safety committee, the safety delegate (or the deputy safety delegate) shall be entitled to accompany an inspector on any tour (or part of a tour) of inspection of the relevant offshore installation made by the inspector in the course of duty (other than a tour of inspection made specifically to investigate an accident) and that, where a delegate intends to accompany an inspector, he shall inform him of his intention;

(g) providing that the safety delegate may make representations to an inspector on matters affecting the safety, health and welfare of the persons working on, in or from the offshore installation (being representations made on the request of the safety committee) and that, for the purpose of considering the representations, an inspector may inspect any records of the proceedings of the safety committee.

Appointment of safety representative or safety committee by installation manager.

25. —(1) Where—

(a) an offshore installation is for a continuous period of six months in waters to which this Act applies, and

(b) on the expiration of that period, or for a period of six months beginning at any time after such expiration, neither a safety representative nor a safety committee stands appointed under section 23 or 24 of this Act in relation to the installation,

then, subject to subsection (2) of this section, the relevant installation manager shall, as soon as practicable and not later than one month after the expiration of the relevant period, appoint from among the other persons working on or in the installation either (as he considers appropriate) a safety representative and a deputy safety representative or a safety committee.

(2) Before making an appointment under this section an installation manager shall consult the other persons working on or in the relevant offshore installation regarding the proposed appointment.

(3) The Minister may make regulations for giving effect to this section and, without prejudice to the generality of the foregoing, regulations under this section may make provision in relation to all or any of the following matters:—

(a) the functions and duties of an installation manager, including the determination of the number of members of the safety committee;

(b) the terms and conditions of appointment of members of the safety committee and (subject to section 24 (2) of this Act) of the safety representative or the deputy safety representative.

(4) References in this Act to a safety representative, a deputy safety representative or a safety committee shall be construed as including references to a safety representative, deputy safety representative or safety committee under this section.

Safety statements.

26. —(1) The owner of an offshore installation to which this Act applies shall as soon as practicable prepare (or cause to be prepared) a statement in writing specifying the manner in which the safety and health of persons employed on, in or in the neighbourhood of the installation will be secured.

(2) The Minister may make regulations for giving effect to subsection (1) of this section and, without prejudice to the generality of the foregoing, regulations under this section may provide that the statement required by that subsection shall specify—

(a) the arrangements for safeguarding the safety and health of persons referred to in that subsection;

(b) the co-operation required from such persons in relation to safety and health;

(c) any safety training facilities which are available;

(d) the measures to be taken in relation to dangers so specified or risks of any such danger on or about the installation;

(e) any matters specified in regulations under this section which are for the time being in force.

(3) Where—

(a) the Minister is given a notice under section 9 of this Act of an intention either to establish an offshore installation in waters to which this Act applies or to commence exploration or exploitation operations in such waters, and

(b) the offshore installation is established or the operations are commenced, and

(c) within the period of two months beginning on the date of such establishment or commencement a statement referred to in subsection (1) of this section has not been prepared in relation to the offshore installation so established or by the use of which the operations are carried on, the Minister may serve on the owner of the offshore installation a notice requiring such a statement to be prepared within such period (being not less than one month) as shall be specified in the notice and, where such a notice is served, the person on whom it is served shall comply with its requirements.

(4) The Minister may by regulations require that information regarding matters specified in the regulations shall be included in statements under subsection (1) of this section.

(5) Where, in relation to an offshore installation, there is for the time being neither a safety representative nor a safety committee, the installation manager shall, where requested to do so by any person employed on or in the installation give (or cause to be given) not later than ten days from the expiration of the period specified under subsection (3) (c) of this section for the preparation of such statement, or not later than ten days from the date of such request, whichever shall be the later, to that person a copy of the relevant statement under subsection (1) of this section.

(6) (a) Where such a statement is prepared but the Minister is not satisfied that it is adequate for the purposes of this section, the Minister may direct that the statement be revised in a manner specified in the direction and, where the Minister gives such a direction he shall as soon as practicable serve on the owner of the offshore installation to which the direction relates a copy of the direction, and the owner shall comply therewith within such period (being of not less than one month) as shall be specified therein.

(b) The Minister may if he thinks fit cancel a direction under this subsection.

(7) The Minister may by regulations require that, where a statement is prepared or revised under this section, the relevant installation manager shall ensure that a copy of the statement so prepared or revised is entered in the installation logbook of the offshore installation concerned, and that a copy of the statement so prepared or revised is given to an inspector who requests it from such manager.

(8) Where a statement is revised under this section the relevant installation manager shall give (or cause to be given) a copy of the statement so revised to—

(a) in case there is a safety representative for the installation concerned, that person or his deputy, or

(b) in case there is a safety committee for such installation, that committee, or

(c) in case there is neither a safety representative nor a safety committee for such installation, any person employed on or in such installation, where requested to do so by such person;

provided that in the case of paragraphs (a) or (b) of this subsection the copy revised statement shall be given (or caused to be given) as soon as practicable, and in any event not later than ten days from the expiration of the period specified under subsection (6) (a) of this section for revision of the statement, and in the case of paragraph (c) of this subsection the copy revised statement shall be given (or caused to be given) not later than ten days from the expiration of the period so specified, or not later than ten days from the date of the request, whichever shall be the later.