The Offshore Installations (Safety Case) Regulations 1992

Citation and commencement

1.  These Regulations may be cited as the Offshore Installations (Safety Case) Regulations 1992 and shall come into force on 31st May 1993, except regulation 11 which shall come into force on 30th November 1995.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1971 Act” means the Mineral Workings (Offshore Installations) Act 1971(1);

“the 1989 Order” means the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989(2);

“approves” means approves in writing;

“the Executive” means the Health and Safety Executive;

“combined operation” means an activity referred to in paragraph (7);

“concession owner” in relation to a fixed installation means a concession owner within the meaning of section 12(2) of the 1971 Act(3) as if “or is to be” appeared after “there is” in the subsection;

“construction activity” in relation to an installation means—

(a)

the construction of the installation at the place where it is to be operated;

(b)

the dismantling or demolition of the installation at the place where it was operated; or

(c)

any activity on or in connection with the installation which involves the use of a heavy lift vessel;

“decommissioning” in relation to an installation means taking the installation or any plant thereon out of use with a view to the abandonment of the installation, and

“decommissioned” shall be construed accordingly;

“diving bell” means a diving bell within the meaning of regulation 2 of the Diving Operations at Work Regulations 1981(4);

“fixed installation” means an installation other than a mobile installation;

“heavy lift vessel” means a vessel whose primary function is to—

(a)

lift an installation or part thereof, or

(b)

lift plant onto or off an installation;

“installation” means an offshore installation within the meaning of section 1 of the 1971 Act(5) as if in the definition of “controlled waters” in section 1(4) of that Act the reference to the United Kingdom were a reference to Great Britain;

“major accident” means—

(a)

a fire, explosion or the release of a dangerous substance involving death or serious personal injury to persons on the installation or engaged in an activity on or in connection with it;

(b)

any event involving major damage to the structure of the installation or plant affixed thereto or any loss in the stability of the installation;

(c)

the collision of a helicopter with the installation;

(d)

the failure of life support systems for diving operations in connection with the installation, the detachment of a diving bell used for such operations or the trapping of a diver in a diving bell or other subsea chamber used for such operations; or

(e)

any other event arising from a work activity involving death or serious personal injury to five or more persons on the installation or engaged in an activity in connection with it;

“mobile installation” means an installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;

“notified” means notified in writing, and related expressions shall be construed accordingly;

“operator” in relation to—

(a)

a fixed installation means the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by such installation or, where no such person has been appointed, the concession owner;

(b)

a mobile installation means the person for whom the owner has agreed to carry out the operation concerned or, where there is no such agreement, the owner;

“owner” in relation to—

(a)

a mobile installation means the person who has registered the installation pursuant to regulations under section 2 of the 1971 Act or, if there is no such person, the person for the time being having the management of the installation, or of its main structure;

(b)

a pipe-line means an owner within the meaning of section 33(3) of the Petroleum and Submarine Pipe-Lines Act 1975(6);

“pipe-line” has the same meaning as in section 26(1) of the Petroleum and Submarine Pipe-Lines Act 1975;

“quantitative risk assessment” means the identification of hazards and the evaluation of the extent of risk arising therefrom incorporating calculations based upon the frequency and magnitude of hazardous events;

“relevant statutory provisions” means those relevant statutory provisions which apply to or in relation to installations or activities on or in connection with them;

“relevant waters” means—

(a)

tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters, and

(b)

any area designated by order under section 1(7) of the Continental Shelf Act 1964(7);

“safety case” shall be construed in accordance with paragraph (2);

“stand-by vessel” has the same meaning as in regulation 10 of the Offshore Installations (Emergency Procedures) Regulations 1976(8);

(2) Any reference in these Regulations to a safety case is, subject to regulation 8(3), a reference to a document containing the particulars specified in regulation 8 and the Schedule referred to in the provision pursuant to which the safety case is prepared; and a safety case may contain such particulars by reference to the same particulars in an earlier safety case relating to the same installation and sent to the Executive pursuant to these Regulations.

(3) Any provision of these Regulations requiring particulars to be included in a safety case which are also required to be included by virtue of a more general provision of the Regulations is without prejudice to the generality of the more general provision.

(4) Any reference in these Regulations to the Executive accepting a safety case or revision is a reference to the Executive notifying the person who sent the safety case or revision to the Executive that it is satisfied with the case for health and safety made out in the safety case or in the revision, as appropriate.

(5) Any reference in these Regulations to operating an installation is a reference to carrying out from, by means of or on the installation an activity mentioned in section 1(2) of the 1971 Act.

(6) Any reference in these Regulations to the commencement of drilling a well includes a reference to the recommencement of drilling after the well has been completed, suspended, or abandoned by plugging at the sea-bed.

(7) For the purposes of these Regulations two or more installations shall be treated as engaged in a combined operation with each other if an activity carried out from, by means of or on one of the installations—

(a) is carried out temporarily for a purpose related to the other installation or installations; and

(b) could affect the health or safety of persons on any of the installations or of persons engaged in an activity in connection with any of the installations.

(8) Any reference in these Regulations to an activity in connection with an installation is a reference to any activity in connection with an offshore installation specified in article 4(1)(b) of the 1989 Order.

(9) Where an operator or owner of an installation is succeeded by a new operator or owner, anything done in compliance with these Regulations by the operator or owner in relation to the installation shall, for the purposes of these Regulations, be treated as having been done by his successor.

(10) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Application

3.  These Regulations shall apply—

(a) in Great Britain, and

(b) to and in relation to installations and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of article 4(1) and (2)(b) of the 1989 Order.

Safety cases for fixed installations

4.—(1) The operator of a fixed installation which is to be established shall—

(a) prepare a safety case containing the particulars specified in regulation 8 and Schedule 1; and

(b) send the safety case to the Executive;

at such time before completion of the design of the installation as will enable him to take account in the design of any matters relating to health and safety raised by the Executive within 3 months of that time.

(2) The operator of a fixed installation shall ensure that it is not operated unless—

(a) he has prepared a safety case containing the particulars specified in regulation 8 and Schedule 2;

(b) he has sent the safety case to the Executive at least 6 months before commencing the operation; and

(c) the Executive has accepted the safety case.

(3) For the purposes of paragraph (2) the operation of an installation shall be treated as commenced—

(a) on the commencement of the first well drilling operation from the installation which may involve the release of hydrocarbons from beneath the sea-bed; or

(b) when hydrocarbons are brought onto the installation for the first time through a pipe-line or well,

whichever is earlier.

(4) A safety case prepared pursuant to paragraph (2) may be prepared in relation to more than one fixed installation where the Executive so approves, and where a safety case is to be so prepared in relation to installations with different operators it shall be sufficient compliance with paragraph (2)(a) and (b) if the operators prepare and agree the safety case containing the particulars referred to in that paragraph and one of them sends it to the Executive in accordance with paragraph (2)(b).

Safety case for mobile installations

5.  The owner of a mobile installation shall ensure that the installation is not moved in relevant waters with a view to its being operated there unless—

(a) he has prepared a safety case containing the particulars specified in regulation 8 and Schedule 3;

(b) he has sent the safety case to the Executive at least 3 months before the movement of the installation in those waters with a view to its being operated there; and

(c) the Executive has accepted the safety case.

Safety case for combined operations

6.—(1) In preparing a safety case for an installation pursuant to regulation 4(2) or 5 or a revision thereof pursuant to regulation 9 account need not be taken of the fact that the installation is or is to be engaged in a combined operation with another installation.

(2) The operator of a fixed installation shall ensure that the installation is not engaged in a combined operation with a mobile installation, and the owner of a mobile installation shall ensure that the installation is not engaged in a combined operation with a fixed or mobile installation unless—

(a) the operators of the installations so engaged and the owner of every mobile installation so engaged have prepared and (unless they are the same person) agreed a safety case containing the particulars specified in Schedule 4;

(b) the safety case has been sent by an operator to the Executive—

(i) in a case where a mobile installation is to carry out an operation on a well connected to a fixed installation (other than a well which is beneath or immediately adjacent to the installation), at least 4 weeks,

(ii) in any other case 6 weeks,

before the combined operation is commenced, and

(c) the Executive has accepted the safety case.

Safety case for abandonment of fixed installations

7.  The operator of a fixed installation shall ensure that the installation is not decommissioned unless—

(a) he has prepared a safety case containing the particulars specified in regulation 8 and Schedule 5;

(b) he has sent the safety case to the Executive at least 6 months before the commencement of the decommissioning; and

(c) the Executive has accepted the safety case.

Management of health and safety and control of major accident hazards

8.—(1) An operator or owner who prepares a safety case pursuant to these Regulations (in this regulation referred to as “the duty holder”) shall, subject to paragraphs (2) and (3), include in the safety case sufficient particulars to demonstrate that—

(a) his management system is adequate to ensure that the relevant statutory provisions will (in respect of matters within his control) be complied with in relation to the installation and any activity on or in connection with it;

(b) he has established adequate arrangements for audit and for the making of reports thereof;

(c) all hazards with the potential to cause a major accident have been identified; and

(d) risks have been evaluated and measures have been, or will be, taken to reduce the risks to persons affected by those hazards to the lowest level that is reasonably practicable.

(2) Paragraph (1) shall only require the particulars in the safety case to demonstrate the matters referred to in that paragraph to the extent that it is reasonable to expect the duty holder to address them at the time of sending the safety case to the Executive.

(3) Without prejudice to paragraphs 2 and 3 of Schedule 4, this regulation shall not apply to a safety case prepared pursuant to regulation 6(2).

(4) In this regulation—

(a) “audit” means systematic assessment of the adequacy of the management system to achieve the purpose referred to in paragraph (1)(a) carried out by persons who are sufficiently independent of the system (but who may be employed by the duty holder) to ensure that such assessment is objective;

(b) “management system” means the organisation and arrangements established by the duty holder for managing his undertaking.

Revision of safety cases

9.—(1) An operator or owner who has prepared a safety case pursuant to these Regulations shall revise its contents as often as may be appropriate; but nothing in this paragraph shall require the revision to be sent to the Executive.

(2) Where a revision to be made under paragraph (1) (other than a revision to a safety case prepared pursuant to regulation 4(1)) will render the safety case materially different from the last version sent to the Executive pursuant to these Regulations, the revision shall not be made unless—

(a) the safety case incorporating the proposed revision has been sent to the Executive at least 3 months before the revision is to be made; and

(b) the Executive has accepted the revision,

and for the purposes of this paragraph in determining whether a revision will render the safety case materially different from the version referred to above, regard shall be had to the cumulative effect of that revision and any previous revisions made under paragraph (1) but not subject to this paragraph.

(3) Where the revision—

(a) relates to the drilling of a well or the carrying out of any other operation on a well the period referred to in paragraph (2)(a) shall be 21 days,

(b) is of a safety case prepared pursuant to regulation 6(2) and does not relate to the matters referred to in sub-paragraph (a), the period referred to in paragraph (2)(a) shall be 6 weeks,

instead of 3 months.

(4) Where an operator or owner has prepared a safety case in respect of an installation in accordance with regulation 4(2) or 5 or made a revision thereof in accordance with this paragraph, no person shall operate the installation beyond a period of 3 years from the date on which the last safety case or revision was accepted by the Executive unless during that period—

(a) the operator or owner who prepared the safety case or revision has revised the safety case and sent the revision to the Executive at least 3 months before that period has expired; and

(b) the Executive has accepted the revision.

Duty to conform with safety case

10.—(1) Where—

(a) an operator or owner has prepared a safety case pursuant to these Regulations (except regulation 4(1)) or made a revision thereof pursuant to regulation 9,

(b) the safety case or revision describes any health or safety procedures or arrangements to be followed, and

(c) the Executive has accepted the safety case under the regulation concerned or in the case of a revision subject to regulation 9(2) or (4) has accepted it under that regulation;

he shall ensure that those procedures and arrangements are followed.

(2) In criminal proceedings for a contravention of paragraph (1) it shall be a defence for the accused to prove that—

(a) in the particular circumstances of the case it was not in the best interests of the health and safety of persons to follow the procedures or arrangements concerned and there was insufficient time to revise the safety case pursuant to regulation 9, or

(b) the commission of the offence was due to a contravention by another person of regulation 14 and the accused had taken all reasonable precautions and exercised all due diligence to ensure that the procedures or arrangements were followed.

Notification of well operations

11.—(1) The operator of a fixed installation shall ensure that the drilling of a well from the installation is not commenced unless at least 21 days before its commencement he has sent to the Executive a notification containing the particulars specified in Schedule 6.

(2) The operator of a mobile installation shall ensure that the carrying out of any operation in relation to a well or proposed well from the installation (including the drilling of a well) is not commenced unless at least 21 days before its commencement he has sent to the Executive a notification containing the particulars specified in Schedule 6.

(3) Paragraphs (1) and (2) shall not apply where the drilling or operation is commenced before 21st December 1995.

(4) Where there is a material change in any of the particulars notified pursuant to paragraph (1) or (2), the operator of the installation concerned shall notify the Executive of that change as soon as is practicable thereafter.

Notification of construction activities

12.—(1) The operator of an installation shall ensure that the carrying out of any construction activity is not commenced unless at least 28 days before its commencement he has sent to the Executive a notification containing the particulars specified in Schedule 7.

(2) Paragraph (1) shall not apply where the construction activity is commenced before 28th June 1993.

Transitional provisions

13.—(1) Where a relevant activity is taking place on 31st May 1993 or it takes place within 6 months after that date, it shall be sufficient compliance with regulation 4(2), 5, 6 or 7 if—

(a) the safety case referred to in that regulation is sent to the Executive within 6 months after that date, and

(b) the Executive accepts the safety case within 30 months after that date (“the transitional period”).

(2) The absence of acceptance by the Executive of a safety case prepared pursuant to regulation 4(2), 5, 6 or 7 shall not prevent the carrying on of a relevant activity during the transitional period.

(3) Regulation 6(2) shall not apply if the engagement of the installation in the combined operation ceases and is not re-commenced during the transitional period.

(4) Where, on 31st May 1993, a mobile installation is being operated in relevant waters or is being maintained on a station in relevant waters with a view to its being operated there, the installation shall, for the purposes of regulation 5, be treated as being moved on that date in relevant waters with a view to its being operated there; and the preceding provisions of this regulation shall apply accordingly.

(5) In this regulation “relevant activity” in relation to any provision means the activity prohibited by that provision.

Co-operation

14.—(1) Every person to whom this regulation applies shall co-operate with the operator and owner of an installation (in this regulation referred to as the first-mentioned installation) and with the operator and owner of an installation engaged in a combined operation with it, so far as is necessary to enable them to comply with the provisions of these Regulations.

(2) This regulation applies to—

(a) the operator of the first-mentioned installation insofar as paragraph (1) requires him to co-operate with the owner of that installation and with the operator and owner of an installation engaged in a combined operation with it;

(b) the owner of the first-mentioned installation insofar as paragraph (1) requires him to co-operate with the operator of that installation and with the operator and owner of an installation engaged in a combined operation with it;

(c) any other employer of persons and a self-employed person carrying out an activity on the first-mentioned installation or in connection with it;

(d) the operator and owner of an installation connected by a pipe-line to the first-mentioned installation;

(e) the person in control of a stand-by vessel for the first-mentioned installation;

(f) the person in control of a heavy lift vessel used in relation to the first-mentioned installation; and

(g) the owner of a pipe-line connected to the first-mentioned installation.

Keeping of documents

15.—(1) An operator or owner who prepares a safety case pursuant to these Regulations shall—

(a) ensure that when the safety case is sent to the Executive it is notified of an address in Great Britain for the purposes of sub-paragraph (b), (c) and (g) below;

(b) keep a copy of the safety case and any revision thereof at the address referred to in sub-paragraph (a) above and on the installation to which the safety case relates;

(c) keep a copy of each audit report at that address;

(d) ensure that in respect of each audit report a written statement is made recording—

(i) the main findings of the report;

(ii) the recommendations in the report;

(iii) the action proposed to implement those recommendations including the timescales involved;

(e) keep a copy of that statement on the installation to which it relates;

(f) ensure that a record is made of any action taken in consequence of an audit report; and

(g) keep a copy of that record at the address referred to in sub-paragraph (a) above and on the installation to which it relates.

(2) The copy of the audit report, record and written statement referred to in paragraph (1) shall be kept for a period of 3 years after it has been made, and the copy of the safety case and revision referred to in that paragraph shall be kept for so long as it is current.

(3) It shall be sufficient compliance with paragraph (1)(b), (c), (e) and (g) for the information in the documents referred to in those sub-paragraphs to be kept at the place referred to therein on film or by electronic means provided that the information is capable of being reproduced as a written copy at that place and it is secure from loss or unauthorised interference.

(4) In this regulation “audit report” means a report made pursuant to the arrangements referred to in regulation 8(1)(b).

Amendments to the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989

16.  The provisions of Schedule 8 shall have effect.

Exemptions

17.—(1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person, installation or class of persons or installations from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.

(2) Without prejudice to the generality of paragraph (1), where any requirement or prohibition in these Regulations makes reference to—

(a) either a time or period for sending a safety case or notification to the Executive, the Executive may, subject to paragraph (3) and in the particular case, specify a later time or shorten the period,

(b) a period beyond which something shall not be done, the Executive may, subject to paragraph (3) and in the particular case, lengthen the period;

and the exercise of such a power shall have effect as an exemption granted by the Executive subject to the condition that the requirement or prohibition is observed with the later time or shorter or longer period substituted for that referred to in it.

(3) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any enactment which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Signed by order of the Secretary of State.

Michael Forsyth

Minister of State,

Department of Employment

16th November 1992