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18 1987

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

PART IV

Accidents etc.

Notice of certain accidents to be given to Minister and Minister for Energy.

27. —(1) In case there is an accident or other occurrence either on, in or in the neighbourhood of an offshore installation to which this Act applies resulting in or causing loss of life or death or causing bodily injury of a kind prescribed for the purposes of this section, the installation manager concerned shall ensure that written notice of the accident is given forthwith to both the Minister and the Minister for Energy, and the said notice shall be in a form which for the time being stands approved of for the purposes of this subsection by the Minister.

(2) Where any accident or other occurrence causing disablement is notified under this section and after the notification results in the death of the person disabled, notice in writing of the death shall be given to the Minister by the installation manager concerned as soon as may be after the death comes to his knowledge.

(3) Where an accident or other occurrence which is notifiable under subsection (1) of this section occurs, the installation manager concerned shall make in the relevant installation logbook and sign an entry of the following particulars, namely:

(a) the date and time of the accident or occurrence,

(b) the location of the relevant offshore installation at the time when, or the locality in which, the accident or other occurrence occurred in so far as, with reasonable diligence, such locality or location can be ascertained at the time the entry is made,

(c) the place (on the relevant offshore installation or elsewhere, as the case may be) where the accident or other occurrence occurred,

(d) the name, and if known to such manager the address and occupation, of any person lost or killed or who suffered in the accident or other occurrence any bodily injury prescribed for the purposes of this section, together with the name and address of his employer and a description of any bodily injury suffered by the person (including an injury resulting in death) in so far as such injury can with such diligence be ascertained,

(e) a description of the accident or other occurrence (including particulars of any operation in the course of which theaccident occurred and any equipment in relation to the use of which the accident occurred),

(f) a description of any damage sustained by the offshore installation concerned or by any equipment of any vessel involved in the accident or other occurrence, in so far as such damage can with such diligence be ascertained, together with the name and port or place of registry of any such vessel,

(g) the name and address of every witness to the accident or other occurrence and the name and address of his employer (if any) in so far as such particulars can be so ascertained, and

(h) such other particulars (if any) in so far as they can be so ascertained, as shall for the time being stand prescribed for the purposes of this subsection.

(4) (a) Where an accident or other occurrence which is notifiable under subsection (1) of this section occurs on an offshore installation, no person shall disturb the place where it occurred or tamper with anything thereat before—

(i) the expiration of the period beginning when the accident or other occurrence occurs and ending on the second day after the day immediately following that on which written notice of the accident or other occurrence is sent to the Minister pursuant to the requirement of subsection (1) of this section, or

(ii) that place has been both visited by an inspector and inspected by him in exercise of the powers conferred on him by this Act.

(b) Nothing in this subsection shall prohibit the doing of anything by or with the consent of an inspector.

(5) (a) Where a coroner holds an inquest as regards any person whose death may have been caused by an accident or other occurrence which is notifiable under subsection (1) of this section, subject to paragraph (b) of this subsection, the provisions contained in paragraphs (a) to (f) of section 77 of the Factories Act, 1955 , shall apply to the inquest.

(b) Section 77 of the Factories Act, 1955 , as applied by this subsection, shall have effect as if—

(i) the references therein to an inspector were references to an inspector within the meaning of this Act,

(ii) the references in paragraph (c) to the factory in or about which the accident or disease occurred and in subparagraphs (iv) and (v) of paragraph (e) and in paragraph (f) to the factory shall each be construed as a reference to the offshore installation on, in or in the neighbourhood of which the accident or other occurrence occurred,

and

(iii) the references in subparagraphs (iii) and (vi) of paragraph (e) to the occupier of a factory were each references to the owner of such offshore installation.

Death or loss of life.

28. —Where in waters to which this Act applies a person—

(a) who, while engaged in any operation either connected with such an offshore installation or in relation to which such an offshore installation is being used, or otherwise, dies (other than as a result of an accident or occurrence mentioned in section 27 of this Act) on, in or in the neighbourhood of an offshore installation to which this Act applies or is lost from such an offshore installation in circumstances in which it is reasonable to believe that he has died,

(b) so dies in or on a lifeboat, life raft or other emergency survival craft belonging to such an offshore installation or is lost therefrom in such circumstances,

the installation manager concerned shall forthwith send written notice of the occurrence to both the Minister and the Minister for Energy.

Industrial Medical Adviser (Offshore Installations) to be notified of occurrence on offshore installation of certain diseases.

29. —(1) Where a person who is for the time being employed on or in an offshore installation to which this Act applies is found on medical examination (whether conducted on the installation or elsewhere and whether conducted in relation to his employment or otherwise) to be suffering from a disease prescribed for the purposes of this section, the medical practitioner by whom the examination is conducted shall, as soon as may be, notify an Industrial Medical Adviser (Offshore Installations) of the occurrence of the disease.

(2) The Minister may make regulations for the purpose of giving effect to this section, and without prejudice to the generality of the foregoing, the regulations may require to be given to an Industrial Medical Adviser (Offshore Installations) by the relevant medical practitioner any or all of the following, namely:

(a) prescribed particulars of the disease concerned,

(b) the name of the person and such other personal particulars as may be prescribed,

(c) the date or approximate date on which, in the opinion of such medical practitioner, the disease occurred or developed, the offshore installation or offshore installations on which in such opinion the disease occurred or developed and the location of the offshore installation or offshore installations, as may be appropriate, on such date or approximate date.

Particulars of certain accidents to be entered in installation logbook.

30. —Where any accident occurs on, in or in the neighbourhood of an offshore installation to which this Act applies which results in a person employed on the installation being unable to perform any duties for more than three days, the installation manager concerned shall ensure that particulars of the accident are entered in the installation logbook.

Power to direct formal investigation of certain accidents and cases of disease.

31. —(1) Where pursuant to this Act, the Minister is notified of an accident or the occurrence of a disease or any other occurrence, the Minister may, where he considers it appropriate so to do, direct a formal investigation to be held into the accident or occurrence and of its causes and circumstances.

(2) The provisions of section 78 (2) of the Factories Act, 1955 , asamended by section 56 of the Act of 1980, shall, subject to any necessary modifications, apply to an investigation under this section as they apply to an investigation under that section.

Power of Minister to require certain plant to be examined and tested and to require certain reports.

32. —(1) Where there is an accident or dangerous occurrence in, on or in the neighbourhood of an offshore installation to which this Act applies and the Minister is satisfied that the accident or occurrence may have been caused (whether wholly or partly) by any plant, then if the Minister considers it necessary for the proper investigation of the accident or occurrence, he shall by a notice in writing require the manager of the installation—

(a) to have such plant, or in case the accident or occurrence is believed to have been so caused by a part thereof, that part, examined and tested forthwith by a competent person, and

(b) to have a report of the results of the examination and test prepared and submitted to such manager by the person by whom the examination and test was carried out as soon as may be and in any case not later than twenty-eight days after the completion of the examination and test, and

(c) to give to the Minister a copy of such report within seven days of its receipt in pursuance of paragraph (b) of this subsection.

(2) A report required under subsection (1) of this section shall include particulars of—

(a) the manner in which the relevant examination was carried out,

(b) the method used when making any tests,

(c) any structural or other weakness or defect which in the opinion of the person carrying out the examination would affect the ultimate strength of, or account for any failure in, the plant examined, and

(d) such other matter as the Minister may specify when making the requirement.

(3) If the Minister is not satisfied as to the adequacy of a report under this section, or the competence of a person employed to make an examination and test referred to in this section or as to the adequacy of such an examination and test, he may require the manager of the offshore installation concerned to have the plant concerned re-examined and tested at the expense of the owner of such offshore installation by a person nominated by the Minister, and in case the Minister makes a requirement under this subsection such owner and manager, and, if such owner does not own such plant, the person who owns the plant, shall comply with the requirement and give any necessary facilities for such re-examination and test.

(4) In this section “plant” includes any boiler, receiver or other pressure vessel, electrical or other appliance or equipment (or any part thereof) or any other machine or machinery (or any part thereof), whether driven by mechanical power or not.

Industrial Medical Adviser (Offshore Installations).

33. —(1) The Minister may assign to any registered medical practitioner who stands designated under section 50 of the Act of 1980 asan industrial medical adviser the function of advising the Minister professionally in relation to his functions under this Act.

(2) A person to whom there is assigned under this section the functions described in subsection (1) of this section is in this Act referred to as an “Industrial Medical Adviser (Offshore Installations)”.

(3) Without prejudice to the generality of section 40 (1) of this Act, the Minister may authorise an Industrial Medical Adviser (Offshore Installations) to be an inspector for the purposes of this Act.