Application of health and safety law offshore - issue of Variation Order

Introduction

This notice is to advise duty holders of the making of a new Order in Council, the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2009, which came into force on 5th August 2009.

Background

The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (AOGBO) extends the prescribed provisions of the Health and Safety at Work etc. Act 1974 to work activities beyond the territorial sea, and to other specified areas designated by order under section 1(7) of the Continental Shelf Act 1964. The territorial sea extends twelve nautical miles seaward from baselines along the UK coast.

HSE has identified gaps in the 2001 AOGBO regarding activities in relation to:

• offshore structures beyond the territorial sea where, because of a change of use, the Health and Safety At Work etc. Act 1974 (HSWA) will cease to apply although work activities will continue to be carried out, and
• energy structures (such as wind turbines) beyond the territorial sea.

The legal position         

The Variation Order will ensure that HSE can apply health and safety law in relation to the above activities. Duty holders will need to comply with the prescribed provisions of HSWA when undertaking these activities in the areas specified.

The Order varies the 2001 AOGBO in the following ways:

• a new article 8A is inserted which extends the prescribed provisions of HSWA to specified work activities on structures which would cease to be covered by HSWA because of a change of use, but where it is appropriate that these provisions apply. An example might be where a redundant installation is used as a helicopter base prior to dismantlement;
• a new article 8B is inserted which extends the prescribed provisions of HSWA to work activities such as the construction, repair and operation of energy structures and related structures within a renewable energy zone. This is an area outside the territorial sea, designated by order under section 84(4) of the Energy Act 2004, which may be exploited for the production of energy from water or wind. A definition of ‘related structure’ is included, to ensure that all significant work activities related to energy structures are covered, such as transformer and accommodation platforms;
• the references to specific installation towers are removed, as the towers no longer exist.

HSE plans to revoke the AOGBO and the Variation Order by 5 April 2011, and replace them with a new order that will update the 2001 AOGBO to address other offshore energy developments. It will include the provisions in the Variation Order. HSE intends to undertake a formal consultation on the new Order before it is made

Further information

Any queries concerning 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 252615