First Previous (PART I Preliminary and General) Next (PART III Safety)

18 1987

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

PART II

Offshore Installations

Notice of establishment or removal of offshore installation, etc.

9. —(1) (a) Where it is intended to establish an offshore installation in waters to which this Act applies for the purpose of exploration for or exploitation of minerals, the relevant concession owner shall give to the Minister not less than twenty-one days notice in writing of the intention.

(b) Where the owner of an offshore installation intends—

(i) to remove or cause to be removed (whether by dismantling or otherwise) such an offshore installation so established for the purpose of exploitation of minerals from such waters,

(ii) to commence initially or cause to be so commenced exploration or exploitation operations in such waters,

(iii) to discontinue finally or cause to be so discontinued exploitation operations in such waters,

he shall give to the Minister not less than twenty-one days notice in writing of the intention.

(c) Where the owner of an offshore installation intends—

(i) to remove or cause to be removed (whether by dismantling or otherwise) such an offshore installation so established for the purpose of exploration for minerals from such waters,

(ii) to discontinue finally or cause to be so discontinued exploration operations in such waters,

he shall give to the Minister not less than three days notice in writing of the intention.

(2) A notice under this section shall be in such form and contain or be accompanied by such particulars as the Minister shall direct.

Offshore installation and equipment to comply with certain requirements.

10. —(1) An installation manager shall ensure that the offshore installation with which he is concerned is not used for exploration or exploitation in waters to which this Act applies unless it and its fittings or other equipment are suitable for the purpose and are of sound construction and adequate strength, are properly maintained and comply with the requirements of any regulations under this section which are for the time being in force and apply to them.

(2) (a) The Minister may, after consultation with the Minister for Energy, by regulations require that before—

(i) an offshore installation is used in waters to which this Act applies,

(ii) any prescribed fitting or other part of an offshore installation to which this Act applies is put into use,

there shall be in relation to the installation, fitting or other part, as may be appropriate, a prescribed certification procedure, provided that, in so far as the regulations relate to fire safety measures, they shall be made only after consultation also with the Minister for the Environment.

(b) A person by whom a certificate is given for the purposes of this subsection may specify in the certificate conditions for securing the safe working of any fitting or other part to which it relates.

(3) For the purpose of giving effect to subsection (1) of this section,the Minister may, after consultation with the Minister for Energy, make regulations—

(a) requiring offshore installations to which this Act applies and their equipment to be maintained in a prescribed manner,

(b) providing for the survey, testing and inspection of such installations or equipment;

provided that, in so far as the regulations relate to fire safety, they shall be made only after consultation also with the Minister for the Environment.

(4) (a) Where the Minister makes a requirement pursuant to regulations under subsection (2) of this section in relation to an offshore installation, the owner of the offshore installation concerned shall ensure that the requirement is complied with and after the relevant certificate has been obtained the installation manager shall produce the certificate or a copy thereof to an inspector on a request being made by the inspector in that behalf at any reasonable time.

(b) Where in a certificate given for the purposes of regulations under subsection (2) of this section there are specified conditions for safe working, any fitting or other part to which the conditions relate shall not be used except in accordance with those conditions.

(5) It shall be the duty of an installation manager to ensure that every workplace on, in or in the neighbourhood of the offshore installation with which he is concerned is, so far as is reasonably practicable, made and kept safe.

(6) Where employees of different employers are employed on, in or in the neighbourhood of an offshore installation to which this Act applies, the employers concerned shall co-operate with each other so as to protect the employees from danger.

Installation manager.

11. —(1) (a) Every offshore installation which is an offshore installation to which the Act applies shall be under the charge of a person (in this Act referred to as an “installation manager”) who shall be appointed in writing by the owner of the installation and in accordance with such regulations (if any) under this section as are for the time being in force.

(b) Regulations under this section may include requirements as to qualifications, experience, health or age.

(c) In making an appointment pursuant to the requirements of this subsection the person making the appointment shall appoint to be an installation manager a person who, to the best of his knowledge and belief, has the skills and competence suitable for the appointment.

(d) Where an installation manager is appointed, the person by whom the appointment is made shall, as soon as may be after the making of the appointment, inform the Minister in writing of the appointment.

(2) (a) The Minister, after consultation with the Minister for Energy, may make regulations relating to the duties of an installation manager concerning the safety, health andwelfare of persons employed on, in or in the neighbourhood of an offshore installation.

(b) The proviso to section 5 (1) of this Act shall, with the necessary modifications, apply to regulations under this subsection.

(3) If at any time the owner of an offshore installation is satisfied that an installation manager appointed in pursuance of subsection (1) of this section does not have the requisite skills and competence, he shall terminate the appointment as soon as practicable, and shall, as soon as may be, give the Minister notice, in the form approved of for the time being for the purposes of this subsection by the Minister, of the action taken by him.

(4) It shall be the duty of the owner of an offshore installation, in order to ensure that an installation manager appointed under subsection (1) of this section is on the installation when it is manned, from time to time to place a person so appointed on the installation, and to ensure that he remains there until relieved, or for so long as it is manned.

(5) Regulations under this section may make different provisions for installation managers of different types of offshore installations or installation managers whose responsibilities differ in other respects.

Supervision by installation manager.

12. —(1) An offshore installation to which this Act applies shall not be used for exploration or exploitation unless daily personal supervision is exercised by the installation manager or, during any period during which—

(a) such manager is absent from the installation on leave or is prevented from carrying out his duties under this Act by sickness or other cause beyond his control, or

(b) as regards the installation, the office of installation manager is vacant,

by a person appointed by the owner of the installation (and having such qualifications (if any) as may be prescribed) to exercise such supervision during any such period.

(2) (a) Subsection (1) of this section shall not be construed as authorising the use for exploration or exploitation of an offshore installation to which this Act applies under the supervision of a person other than the installation manager for any period exceeding seven days (or such longer period as an inspector may allow).

(b) Where an inspector, in exercise of the power conferred on him by paragraph (a) of this subsection, extends a period of seven days, he may impose conditions regarding the use of the offshore installation concerned at any time during the period when the extension operates.

(c) Where a condition is imposed under this subsection, it shall be the duty of the owner of the offshore installation concerned to ensure that the condition is complied with.

(d) Where an inspector is satisfied that a condition imposed under this subsection is not complied with, he shall cancel the relevant extension under this subsection.

(3) A person appointed under subsection (1) of this section shall, in relation to any period during which he acts in exercise of his appointment, be treated for the purposes of this Act and of regulations thereunder in all respects as if he were the installation manager of the offshore installation concerned, but nothing in this subsection shall be construed as divesting an installation manager of any power, or relieving him from any duty or liability, conferred or imposed on him by or by virtue of this Act.

Safety and discipline etc. on offshore installations.

13. —(1) (a) Except as otherwise provided by this Act, the installation manager of an offshore installation to which this Act applies shall have in relation to it general responsibility for matters affecting safety, health or welfare and, where connected with safety, health or welfare, the maintenance of order and discipline, and for the discharge of that responsibility shall exercise authority over all persons on, in or in the neighbourhood of the installation.

(b) This subsection shall not be construed as extending to any matters for which another person is responsible as master, captain or person in charge of any vessel, helicopter or other aircraft, hovercraft or lighthouse.

(2) The installation manager of an offshore installation to which this Act applies shall not permit the installation to be used in any manner, or permit any operation to be carried out in, on or from the installation, if the seaworthiness or stability of the installation is likely to be endangered by its use in that manner, or by the carrying out of that operation or by its being carried out in the manner proposed, and it shall be the duty of the owner of the installation to ensure that the provisions of this subsection are complied with by the installation manager.

(3) Where at an offshore installation to which this Act applies there is an emergency or apprehended emergency endangering the seaworthiness or stability of the installation or otherwise involving a risk of death or serious personal injury, the installation manager may take or require to be taken any such measures as are necessary or expedient to meet or avoid the emergency, and no regulation or condition having effect by virtue of this Act or condition which this Act requires to be complied with shall be construed or be regarded as prohibiting or restricting the taking of such measures.

(4) (a) Where the installation manager of an offshore installation to which this Act applies has reasonable cause to believe that—

(i) there is employed on, in or in the neighbourhood of the installation a person who is under eighteen years of age, he may cause the person to be put ashore in the State,

(ii) it is necessary or expedient for the purpose of securing the safety of the installation or of persons on, in or about the installation or for the purpose of maintaining order and discipline among those persons, he may cause any person on, in or about the installation to be put ashore in the State,

and where any person on, in or about the installation has done or is about to do any act endangering or likely to endanger the safety of the installation or persons on, in or about the installation or the maintenance of order and discipline among those persons, or the installation manager with reasonable cause suspects him of havingdone or being about to do any such act, the installation manager may take or cause to be taken such other reasonable measures against him by restraint of his person or otherwise, as the installation manager thinks necessary or expedient.

(b) This subsection shall not be construed as extending to any matter for which another person is responsible as master, captain or person in charge of any vessel, helicopter or other aircraft, hovercraft or lighthouse.

(5) A person shall not be kept under restraint by virtue of subsection (4) of this section for longer than thirty-six hours unless—

(a) the intention is that he shall be put ashore in the State in accordance with that subsection at the earliest opportunity, and

(b) within those thirty-six hours notice of his being kept under restraint and of the reason for it is sent to the authority in the State prescribed for the purposes of this subsection.

Prohibition of employment of certain persons.

14. —(1) Subject to subsection (4) of this section, a person under the age of eighteen years shall not be employed on or in an offshore installation to which this Act applies.

(2) A person shall not be employed either to work on or in an offshore installation to which this Act applies, or to work in the neighbourhood of the installation and in relation to exploration or exploitation as regards which such an installation is used, unless—

(a) either,

(i) the person has received adequate instruction, training or training and instruction concerning the work, as may be appropriate, and is competent to do the work without supervision, or

(ii) the person is while doing the work under the instruction and supervision of a person described in subparagraph (i) of this paragraph, and

(b) in either case, the requirements of any regulations under this section which are applicable to the particular case are complied with.

(3) The Minister may for the purposes of subsection (2) of this section by regulations specify requirements as regards training and instruction which shall be complied with and such requirements may be specified in relation to work generally or in relation to a particular activity, operation or process or to work of a specified description.

(4) The Minister may by regulations exempt, subject to compliance with such conditions (if any) as may be specified in the regulations, from subsection (1) of this section any activity, operation, process or work of a description specified in the regulations and such regulations may apply in relation to persons under eighteen years generally or to persons under that age who are of a specified class or description, and where regulations under this subsection are for the time being in force, the said subsection (1) shall be construed and have effect subject to the terms of the regulations.

General duties of persons employed on offshore installations to which Act applies.

15. —(1) It shall be the duty of any person who is employed on, inor in the neighbourhood of an offshore installation to which this Act applies—

(a) to take such steps as are reasonably necessary for his own safety and health and for that of other persons who are employed on, in or in the neighbourhood of the installation,

(b) to co-operate with his employer or any other person to enable any requirement of, or any duty imposed by, this Act or regulations thereunder to be complied with or carried out.

(2) A person employed on, in or in the neighbourhood of an offshore installation to which this Act applies shall not intentionally interfere with or misuse any means, appliance, convenience, equipment or other thing provided in pursuance of this Act for securing the safety, health or welfare of persons so employed, and where any means or article, appliance, equipment or other thing for securing safety or health is provided for the use of any such person under this Act, he shall use the means or the article, appliance, equipment or other thing.

(3) A person employed on, in or in the neighbourhood of an offshore installation to which this Act applies shall not intentionally and without reasonable cause do anything likely to endanger himself or others.

Installation logbook and records.

16. —(1) There shall be kept and maintained in accordance with this section in relation to an offshore installation to which this Act applies, by the installation manager concerned, a logbook for the purposes of this Act (which logbook is in this Act referred to as the “installation logbook”) and there shall be entered in that logbook such particulars as the Minister shall from time to time direct.

(2) In addition to complying with subsection (1) of this section, an installation manager shall keep and maintain in a form approved of by the Minister a record of any person who is on or in the offshore installation with which the installation manager is concerned, at any time while the installation is in waters to which this Act applies, and such record shall include the following particulars, namely:

(a) the full name of the person,

(b) the date and time of the person's arrival on or departure from the installation,

(c) the reason for the person's presence on the installation, and

(d) the name and address of the person's employer (if any).

Form of installation logbooks etc. and preservation and inspection of entries therein.

17. —(1) Every installation logbook or other document which, in pursuance of this Act or of regulations under this Act, is provided for the entry of any report, record or other item of information shall be in such form as the Minister may direct.

(2) The installation manager shall ensure that every entry made in any installation logbook or other document mentioned in subsection (1) of this section or a copy of that entry shall be preserved for two years or such other period as may be prescribed, and until it is no longer required by, or under regulations made by virtue of, this section to be preserved, the entry shall be kept at the offshore installation to which it relates or at such other place as may beapproved of by an inspector and shall be open to inspection at all reasonable times by, or by a person authorised in that behalf by, any person employed on or in the installation.

Suitable and sufficient facilities etc. to be provided.

18. —(1) An owner of an offshore installation shall ensure that, for so long as the installation is in waters to which this Act applies, there are provided and maintained suitable and sufficient facilities, equipment, clothing and materials to protect persons employed on, in or in the neighbourhood of the installation against dangers arising in relation to their work.

(2) The Minister may by regulations require prescribed facilities, equipment, clothing and materials to be provided in pursuance of this section and such regulations may require such facilities, equipment, clothing or materials to be provided generally in relation to persons so employed or in relation to persons so employed in a prescribed operation or process or in work of a prescribed description.

Naked lights and smoking.

19. —(1) A person shall neither use a naked light nor smoke on or in an offshore installation to which this Act applies otherwise than pursuant to and in accordance with rules made by the installation manager concerned.

(2) (a) An installation manager may, or, if required by a notice in writing given to him in that behalf by the Minister, shall, make rules permitting persons to use naked lights and to smoke on or in the offshore installation with which he is concerned in places in the installation specified in the rules and such rules may provide that the use of naked lights and smoking shall be permitted only during such hours, in such circumstances or subject to such conditions, as are specified in the rules.

(b) Where a rule under this section is for the time being in force and a matter to which the rule relates is affected by a regulation under this Act, the rule shall be construed and have effect (if any) subject to the terms of the regulation.

(3) An installation manager, having regard to the purposes of this section, shall ensure that appropriate notices prohibiting or restricting smoking and the use of naked lights are displayed in sufficient numbers on the offshore installation with which he is concerned so as to be both conspicuous and easily read.

(4) A person shall not be convicted under this section and section 15 of this Act in respect of the same act or omission.

Gas detection.

20. —(1) The owner of an offshore installation to which this Act applies shall ensure that an efficient system of detection (which shall include a reliable and audible alarm) is provided to monitor automatically the presence of any flammable or noxious gas on or in the installation.

(2) It shall be the duty of an installation manager to ensure that the system of detection provided in pursuance of this section in relation to the offshore installation with which he is concerned is properly maintained.

Storage etc. of certain substances and preparations.

21. —(1) Any gas or other substance or preparation which is corrosive, oxidising, toxic, flammable or radioactive and any explosive shall, while it is on or in an offshore installation to which this Act applies and is not being used, be stored both—

(a) in a place which is both safe and in the particular circumstances is as far distant as is reasonably practicable from any hazardous area and any place used for the accommodation of persons on the installation, and

(b) in suitable containers which are clearly and adequately marked.

(2) Where a gas or an explosive or any other substance or preparation mentioned in subsection (1) of this section is on or in an offshore installation to which this Act applies, it shall be the duty of the installation manager concerned to ensure that subsection (1) of this section is complied with in relation to the gas or explosive or the substance or preparation, and in addition to the foregoing in case such gas or explosive, other substance or preparation is stored on such an offshore installation, the installation manager concerned shall ensure that it is under the control of a responsible person appointed by him for the purpose and that its presence at the place in which it is being stored is adequately indicated by a suitably worded notice.

(3) In this section “explosive” has the meaning given by section 9 (1) of the Dangerous Substances Act, 1972 .