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18 1987

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

PART VI

Miscellaneous

Inspectors.

40. —(1) The Minister may authorise any of his officers or any other person to be an inspector for the purposes of this Act.

(2) Notice of an authorisation under this section shall be published in Iris Oifigiúil.

(3) Every person authorised by the Minister under subsection (1) of this section shall be furnished with a certificate of his authorisation and when exercising a power under this Act shall, if requested by any person thereby affected, produce the said certificate for inspection by the person.

(4) Such annual reports of the proceedings of the inspectors as the Minister directs shall be laid before each House of the Oireachtas.

General powers of inspectors.

41. —(1) An inspector shall, for the purpose of the execution of this Act, have power—

(a) at any time (whether by day or by night) to board or otherwise enter an offshore installation to which this Act applies and to inspect the whole or any part thereof and anything therein or thereon,

(b) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any obstruction in the execution of his duty,

(c) to make such examination and inquiry as may be necessary—

(i) to ascertain whether the following are complied with, namely, the provisions of this Act and regulations thereunder, any direction or requirement given or imposed by a notice served under or by virtue of this Act by the Minister or by an inspector and any condition attached to any exemption or consent granted or given under or by virtue of this Act by the Minister or an inspector, or

(ii) to ascertain any matter appearing to the inspector to affect or relate to the safety, health or welfare of persons employed on, in or in the neighbourhood of such an offshore installation and in particular (but without prejudice to the generality of the foregoing) the causes and circumstances of any accident or other occurrence at such an offshore installation being in either case one of which notice is required by this Act to be given,

(d) for the purpose of any examination or inquiry under the foregoing provisions—

(i) to take any measurement or photograph or make any tape or other electrical recording which he considers to be necessary for such purposes,

(ii) to require any person whom he finds on such an offshore installation, or whom he has reasonable cause to believe to be, or within the preceding two months to have been employed on such an offshore installation, to answer, in the absence of persons other than a person nominated by the person to be present and any persons whom the inspector may allow to be present, such questions as the inspector thinks fit to ask, so however, that no answer given by a person in pursuance of a requirement imposed under this sub-paragraph shall be admissible in evidence against him in any proceedings,

(iii) to take (without payment) samples of any articles or substances found on such an offshore installation and of the atmosphere, or to take a reading of the level of any radiation, there,

(iv) to take possession or control (without compensation) of any machinery, apparatus or other article whatsoever on such an offshore installation which appears to him to have caused, or to be likely to cause, danger to safety or health and cause it to be dismantled or subjected to any process or test, notwithstanding that it is thereby damaged or destroyed,

(e) to require the production of, and when produced to inspect and to take copies of—

(i) any installation logbook or other document which by, or by virtue of, this Act is required to be kept, and

(ii) any other documents, being documents which are in the possession or under the control of a concession owner, the owner of such an offshore installation or an installation manager and in the opinion of the inspector are relevant for the purposes of an examination or inquiry under the foregoing provisions of this subsection,

(f) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in or on an offshore installation to which this Act applies, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in or on such an offshore installation, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined,

(g) to require any person having responsibilities in relation to such an offshore installation (whether he is or is not the owner or the installation manager or any other person employed thereon or in the neighbourhood thereof) to—

(i) give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this subsection,

(ii) enable the inspector to use any thing which is then under the person's control and is required by the inspector for the purpose of making an examination or inquiry or taking a sample under this Act,

(iii) render, or cause to be rendered, for or in connection with any such examination or inquiry or taking of a sample, such personal assistance as the inspector shall specify,

(h) to exercise such other powers as may be necessary for carrying this Act into effect.

(2) (a) Any person who is a person described in subsection (1) (g) of this section may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and

(i) to deliver one part to him,

(ii) to retain one part for future comparison,

(iii) to submit one part for analysis,

and any analysis under this section shall, if so required, be carried out by or under the direction of the State Chemist or a person who is for the time being approved of for the purposes of the section by the Minister.

(b) A certificate purporting to be a certificate by the State Chemist or a person who is for the time being approved of for the purposes of the section by the Minister as to the result of an analysis of a sample taken under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

(c) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person, other than the Minister, the results of an analysis made under this section.

(d) In this subsection “the section” means section 72 of the Factories Act, 1955 , as amended by sections 42 (2) and 56 (d) of the Act of 1980.

Power of inspector to require remedy for immediate or apprehended danger, etc.

42. —(1) If an inspector is of opinion that an offshore installation to which this Act applies or any part thereof or any matter, thing or practice on or in such an offshore installation or connected with the control or management of such an offshore installation is or is likely shortly to become dangerous to the safety or health of the persons employed on, in or in the neighbourhood of the installation or any of them, he may serve on the installation manager concerned a notice stating that he is of that opinion and giving particulars of the reason why he is of that opinion, and imposing upon such installation manager such prohibition, restriction or other requirement as appears to the inspector to be necessary for the purpose of safeguarding the safety or health of the persons employed on or in the installation or any of them.

(2) Where an inspector is of opinion that anything on or in an offshore installation to which this Act applies constitutes a danger or a risk of danger, he may by a notice in writing require the owner of the installation to take such reasonable measures as he considers adequate to deal with the matter and specifies in the notice, and in case a requirement is made under this subsection the owner of the installation shall include in the statement prepared in pursuance of section 26 of this Act particulars of the measures specified in the relevant notice under this subsection.

(3) A prohibition notice or a notice under subsection (1), (2) or (6) of this section shall be signed by an inspector.

(4) A person who is aggrieved by an imposition or requirement imposed on him under this section may, within the period of sevendays beginning on the day on which the relevant notice is received by him, appeal to the High Court against the matter imposed.

(5) Where an appeal is brought under this section, the following provisions shall apply:

(a) pending the determination of the appeal, the bringing thereof shall not operate to affect in any way the imposition or requirement to which the appeal relates,

(b) in determining the appeal, the High Court may—

(i) confirm such imposition or requirement, with or without modification, or

(ii) lift or cancel, as may be appropriate, such imposition or requirement.

(6) An inspector may by a notice served on the installation manager or the owner of the relevant offshore installation, amend, or suspend, for such period as shall be specified in the notice, or lift or cancel, as may be appropriate, an imposition or requirement imposed under this section.

(7) (a) Where an imposition or requirement is imposed under this section and activities are carried on in contravention of the imposition or requirement, the High Court may on the application of an inspector by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under this subsection shall be by motion and the court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

(c) The order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the High Court considers appropriate.

(8) Where —

(a) the High Court in determining an appeal under this section lifts, cancels or varies a requirement or imposition to which the appeal relates, or

(b) an inspector suspends, amends, lifts or cancels an imposition or requirement imposed under this section,

the determination, suspension, amendment, lifting or cancellation shall not affect the validity of the requirement or imposition in, but only in, so far as it required anything to be done or prohibited anything's being done prior to the date of the determination, or, as may be appropriate, date of the suspension, amendment, lifting or cancellation.

Certain publications privileged.

43. —(1) The publication, in whole or in part, of a report of an inspector relating to an offshore installation and made pursuant to this Act to a person who as regards the installation is a member of the safety committee, the safety representative, safety delegate, deputy safety representative or deputy safety delegate shall for the purposes of the law of defamation enjoy qualified privilege.

(2) Where—

(a) a notice is served under section 42 of this Act, or,

(b) (i) there is known to the Minister, by virtue of the performance of his functions under this Act or otherwise, any fact or matter regarding an offshore installation which is or has at any time been an offshore installation to which this Act applies or any matter, thing or practice on or in such an offshore installation or connected with the control or management of any such offshore installation, or

(ii) by virtue of such performance or otherwise the Minister knows, or believes to be the case, any other fact or matter, and

(iii) in either case, the fact or matter is in the opinion of the Minister relevant to the safety, health or welfare of persons employed on, in or in the neighbourhood of such an offshore installation,

the Minister may in his absolute discretion publish the service or other fact or matter to a person who as regards the relevant offshore installation is for the time being a safety representative, safety delegate or a member of a safety committee, and in case such service, fact or matter is so published by the Minister, the publication shall for the purposes of the law of defamation enjoy qualified privilege.

Forgery of certificates, etc.

44. —If any person—

(a) with intent to deceive forges, counterfeits or uses any certificate required by, under or for the purposes of this Act or regulations made thereunder or has in his possession a document so closely resembling any such certificate as to be calculated to deceive,

(b) gives or signs any such certificate knowing it to be false in a material particular,

(c) knowingly utters or makes use of any such certificate so forged, counterfeited or false as aforesaid,

(d) knowingly utters or makes use of as applying to any person or offshore installation any such certificate which does not so apply,

(e) personates any person named in any such certificate,

(f) falsely pretends to be an inspector,

(g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending,

(h) wilfully makes a false entry in any installation logbook or in any register, notice, certificate or other document required by, or for the purposes of, this Act, regulations made thereunder, or a condition subject to which an exemption is allowed pursuant to a regulation made under section 5 (2) (d) of this Act, to be made, kept, served, given or sent,

(i) wilfully makes or signs an entry or declaration which is false and which is required to be made by or under this Act,

(j) knowingly makes use of any such false entry or declaration,

he shall, without prejudice to any other offence, be guilty of an offence under this section.

Removal or defacement of notice, etc.

45. —If, without reasonable excuse, a person removes, injures or defaces a notice or any other thing which is for the time being posted at an offshore installation in compliance with a provision of this Act or of regulations under this Act, he shall be guilty of an offence.

Prohibition of certain deductions from wages.

46. —A person shall not, in respect of anything to be done or provided by him in pursuance of this Act or regulations thereunder, make any deduction from wages or any sum contracted to be paid by him to any person who is employed by him on, in or in the neighbourhood of an offshore installation to which this Act applies and for whom or in relation to whom the thing is so done or provided, or allow any person so employed to receive from any person for or in relation to whom the thing is so done or provided any payment in respect of the thing.

Application of Safety in Industry Acts, 1955 and 1980, restricted.

47. —Except as provided in sections 27 (5) and 31 (2) of this Act, the Safety in Industry Acts, 1955 and 1980, shall not apply to any offshore installation to which this Act applies nor shall they apply to any activity, operation, process or other work to which either this Act applies or regulations made under this Act apply.

Provisions relating to section 3 and amendment of Act of 1968.

48. —(1) It is hereby declared that, notwithstanding that section 3 of the Act of 1968 may affect individuals or bodies corporate outside the State, it applies to any individual whether or not he is an Irish citizen and to any body corporate whether or not incorporated under the law of the State.

(2) It shall not be held in any legal proceedings that section 3 of the Act of 1968 or subsection (1) of this section does not apply in a particular case by reason only of the fact that an offshore installation is or was in transit.

(3) Section 1 of the Act of 1968 is hereby amended by the insertion of the following definition after the definition of “designated area”:

“' installation' includes any floating structure or device maintained on a station by whatever means;”,

and the said section 1, as so amended, is set out in the Table to this section.

TABLE

1.—In this Act—

designated area” means an area standing designated for the time being by order under section 2 of this Act;

installation” includes any floating structure or device maintained on a station by whatever means;

the Minister” means the Minister for Industry and Commerce.