HSC publishes proposals to replace Offshore Safety Case Regulations

HSC press release: C025:04 - 18 June 2004

The Health and Safety Commission (HSC) has published a consultation document on proposals to replace the Offshore Installations (Safety Case) Regulations 1992. The Regulations remain the cornerstone of the offshore health and safety regime and have been successful in helping control major hazard risks.

Although the original rationale for the Regulations remains valid, HSC believes they now need updating to meet the circumstances of a mature regime and industry. HSC proposes improvement to the regulation and control of major hazards offshore by strengthening the safety case regime. Specifically the document details proposals for:-

• replacing three-yearly safety case resubmissions with five-yearly thorough reviews;
• new duties for licensees to take safety into account when appointing an operator;
• replacing some safety cases with notifications, removing some existing safety case particulars and making some others better focused;
• replacing the requirement to demonstrate major accident risks are 'as low as is reasonably practicable' with a demonstration that such risks are identified and relevant statutory provisions are complied with;
• introducing a new fallback power directing the duty holder to revise a safety case;
• introducing a statutory right of appeal against regulatory decisions to the Secretary of State; and
• general updating throughout and consequential amendments to related regulations.

The opportunity would also be taken to propose a small amendment to the Offshore Installations (Prevention of Fire & Explosion, and Emergency Response) Regulations 1995 (PFEER) to clarify that rescue and recovery arrangements should always include external parties, such as coastguard and helicopter support.

The Health and Safety Executive (HSE) sought views on what improvements offshore stakeholders might like to see at a major conference in 2003.

These views have been taken into account in producing the consultation document.

The consultation will also help to take forward the commitment in the HSC's new Strategy for 2010 and beyond to review its safety case regimes to ensure that they remain relevant and proportionate to the changing nature of industry.

The 1992 Regulations came into effect in 1993 and require operators and owners of offshore installations to submit safety cases to HSE for acceptance as a condition of operating in UK waters.

Copies of "Proposals to replace the Offshore Installations (Safety Case) Regulations 1992" CD198 are available online

Notes to editors

1. HSE has prepared a Regulatory Impact Assessment for the proposed changes and this is included in the consultation document.
2. The consultation document contains proposals for the Offshore Installations (Safety Case) Regulations 2004. The proposed regulations would entirely replace the existing Offshore Installations (Safety Case) Regulations 1992.
3. HSC published its Strategy for workplace health and safety in Great Britain to 2010 and beyond on 23 February 2004. The strategy aims to promote a vision of health and safety as a cornerstone of a civilised society and to achieve a record of workplace health and safety that leads the world.

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