Application of health and safety law to "walk to work" vessels
- Operations notice: 80
- Issue date: 05/05/09
Introduction
This notice is to advise dutyholders of the legal requirements applying to "walk to work" vessels.
Background
A recent development has seen workers transported to and from offshore installations by vessel (walk to work) with accommodation being provided on the vessel. At the end of the tour the vessel returns to port returning the workers to shore. This notice clarifies which legislation applies to vessels undertaking this role.
Legal position
HSE’s view is that although a vessel used for this purpose is providing accommodation, in addition to transport, the length of time a vessel spends at an installation and its itinerant nature means that it does not have a sufficient degree of permanence to constitute ‘standing or stationed’ and does not become an offshore installation as defined by the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (MAR) Regulation 3. Vessels engaged in this role are not therefore regarded as ‘offshore installations’, and do not require a safety case.
The activity of transferring workers on and off the installation will be an ‘activity in connection with’ the installation and the Health and Safety at Work etc. Act 1974 (HSWA) will apply to the activity by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001 (AOGBO). HSWA will also apply to the activity of providing accommodation for the workers while the vessel is standing off the installation (or installations).
When providing accommodation for offshore workers operators should ensure that vessels engaged in ‘walk to work’ activities are located far enough from the installation, to ensure that they are not affected by any dangerous event that may take place on the installation.
Further information
Any queries relating to this notice should be addressed to:
Health and Safety Executive
Hazardous Installations Directorate
Offshore Division
Lord Cullen House
Fraser Place
Aberdeen
AB25 3UB
Tel: 01224 252500
Fax: 01224 252648
This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice
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