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

Introduction

This notice is to advise duty holders that because of the sunsetting provisions of the 2009 Variation Order, which meant it would no longer have effect after the 5th April 2011, the Health and safety Executive has introduced the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011, which came into force on 6th April 2011.  There has been no change to any legal requirements.

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 outside Great Britain to work activities within 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. 

On 5th August 2009, the 2009 Variation Order was introduced which amended the 2001 Order to close legislative gaps by including the insertion of two new provisions:

• Article 8A which extends the prescribed provisions of the Health and Safety at Work etc. Act 1974 (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.  For example, if an offshore platform in a designated area is used for a purpose other than that of an offshore installation (e.g. a helicopter base) prior to dismantlement, these high risk activities are all covered by the HSWA; and
• Article 8B 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 ‘related structure’ means a structure, not being in any case a vessel, related to an energy structure, including;
  1. A structure for conveying energy produced by an energy structure into a form suitable for transmission to Great Britain; and
  2. A structure mainly for the provision of accommodation for persons carrying out work activities in relation to an energy structure or related structure.

The legal position

The 2011 Variation Order maintains the requirements of the 2001 Order, by effectively extending the provisions inserted by the 2009 Variation Order for a further 2 years.  This will ensure HSE can apply health and safety law in relation to the above activities.  The 2011 Variation Order will also include a sunsetting provision limiting its application until April 2013.  Duty holders will need to comply with the prescribed provisions of HSWA when undertaking these activities in the areas specified.

HSE plans to revoke the AOGBO and the 2011 Variation Order by April 2013, and replace them with a new order that will update the 2001 AOGBO to address offshore emerging energy technologies (inc. carbon dioxide storage).  HSE will meet its commitment to undertake a formal consultation on the new Order before it is made.

Further information

Enquiries concerning this notice should be addressed to:

Health and Safety Executive
Hazardous Installations Directorate
Offshore Division
Redgrave Court
Merton Rd
Bootle, Merseyside
L20 7HS
Email: jim.neilson@hse.gsi.gov.uk