Since the UK left the EU, the Offshore Major Accident Regulator (OMAR) is now the UK's Offshore Competent Authority (previously known as the Offshore Safety Directive Regulator (OSDR). How HSE regulate the offshore industry stays the same. Our guidance will be updated to reflect this change.
Overview
The Offshore Major Accident Regulator (OMAR) is the Competent Authority (CA) responsible for regulating offshore major accident hazards. OPRED and HSE work in partnership as OMAR to deliver the CA functions.
The role of the CA is to oversee industry compliance with the respective offshore legislation and undertake related functions such as accepting, assessing, approving and/or inspecting relevant Safety Cases, Oil Pollution Emergency Plans, Well Notifications and other notifications. Reporting of incidents are included as are intervention planning and investigation work.
Department for Energy Security and Net Zero is responsible for implementing offshore environmental legislation. HSE's Energy Division (ED) is responsible for implementing health and safety legislation for offshore oil and gas operations.
OPRED and HSE work closely together under a Memorandum of Understanding (MoU) for liaison between the two organisations and their regimes. Examples include a coordinated sign-off procedure for all new exploration and appraisal wells, and joint environmental and safety inspections where this is appropriate. The operational MoU is overseen by a high-level cross-Departmental group.
A Senior Oversight Board governs OMAR, providing organisation and direction, and a forum to agree, implement and monitor arrangements and pursue shared strategic regulatory goals.
Whilst OPRED and HSE will still have separate functions outside the scope of the arrangement, the functions of the CA will be delivered by the relevant sections of OPRED and HSE's ED, under a set of common operational arrangements.
OMAR Governance
The following documents describe the Governance arrangements for operation of the OMAR partnership:
Note: OMAR Strategy is under review and will be updated February/March of 2024.
- OMAR – Memorandum of Understanding between The Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) and The Health and Safety Executive
- How to make a complaint about the Offshore Major Accident Regulator (OMAR)
- Agreement between the Health and Safety Executive for Northern Ireland and the Health and Safety Executive relating to the EU Offshore Safety Directive
Appeals process
The following framework diagram describes the process for appealing against any decision made by OMAR in relation to assessment of safety cases and inspection of notifications.
Framework OMAR Pre-Appeal and Appeal
Freedom of Information
OMAR disclosure of information
- Document Identification: Disclosure of Information
- Publication Date: 28/11/2022 (Rev 1)
- Review Due: November 2027
- Target Audience: All Stakeholders
- Internal Reference: CM9: 2021/205646
- Document Owner: OMAR Working Group
This document outlines the working arrangements between HSE (ED) and the Offshore Petroleum Regulator for Environment & Decommissioning (OPRED) (OPRED) in relation to the Freedom of Information Act 2000 (FOI) and the Environmental Information Regulations 2004 (EIR).
Disclosure of Information is not exclusive to the Offshore Major Accident Regulator partnership activities. All areas of mutual interest will be handled via this process.
Further information on HSE and OPRED FOI and EIR policy can be found at:
- Latest from the Offshore Petroleum Regulator for Environment and Decommissioning
- Disclosure of information
The FOI Act and EIR came into force in UK law on 1 January 2005. The aim of FOI and EIR is to make public authorities more open and accountable. The legislation provides a general right of access to information, subject to exemptions, exceptions and qualifications. HSE (ED) and OPRED have an obligation to respond to requests for access to information under this legislation and are legally obliged to respond within strict and prescribed deadlines.
HSE (ED) and OPRED working arrangements
Where disclosure of information may impact on the other organisation, HSE (ED)/OPRED will share information to ensure an appropriate and aligned approach recognising that HSE (ED) and OPRED will have to comply with FOI and EIR legal obligation to disclose information. This means:
- making each other aware of any request for information of common interest;
- making each other aware of any significant disclosure of information to the public;
- meetings to share issues, experiences and good practice;
- requests by either organisation for the exchange of information with the other to be met under normal business, subject to any statutory provisions; and
- co-operation and assistance where appropriate.
Methods of communication
- HSE (ED) will contact OPRED via [email protected] on receipt of any information request of common interest; OPRED will contact HSE via OPREDliaison@hse. gov.uk on receipt of any new information request of common interest;
- HSE (ED)/OPRED will keep each other advised on progress and response dates for information requests;
- HSE (ED) and OPRED will consider the need to convene a meeting to review the working arrangements, and to share experiences as required.
Enforcement Policies
OPRED and HSE have existing policies with aligned principles for enforcement covering safety and the environment.
Cost Recovery Guidance
The two partners in the Offshore Major Accident Regulator (OMAR) competent authority, OPRED and HSE, recover costs for various aspects of regulatory work. HSE and OPRED both recover costs according to time spent on a particular cost recoverable activity multiplied by predetermined hourly rates. The HSE and OPRED hourly rates are different because the costs that can be recovered are determined by different pieces of legislation. HSE has one 'all inclusive' rate, whereas OPRED has two rates covering 'specialist', and 'non-specialist work'. The different basis for cost recovery in OPRED and HSE can lead to questions from stakeholders about how OMAR recovers costs.
OMAR is not a legal entity, so cost recovery for its activities must be made separately by OPRED and HSE according to the separate legislation. HSE recovers costs using a single, predetermined hourly rate for time spent by HSE Operational Staff on particular activities. The rate is reviewed periodically and amended if necessary. It includes elements associated with the activity in the following headings:
- Gross salaries of direct staff,
- Gross salaries of operational management and strategy,
- General administrative expenditure
- Corporate services
- Capital charges
- Indirect costs
A guide to HSE's offshore cost recovery for activities, including the current fee, can be found on the HSE website.
OPRED recovers costs using two predetermined hourly rates. One is for time spent by OPRED Inspectors and Environmental Managers (specialist staff), on particular cost recoverable activities. The other is for time spent by administrative (non-specialist) officers on particular cost recoverable activities. The rates are reviewed annually and amended if necessary. The fee for a particular cost recoverable activity is the total of the hours spent x the applicable rate. In summary the rate includes costs in the following headings:
- Gross salaries of direct staff – staff carrying out the work, their line managers and support staff
- General administrative expenditure
- Corporate services
Further details of OPRED's Offshore Environment cost recovery for offshore functions, including the current fees, can be found on the OPRED website.
How to make a complaint
If you are unhappy with how OMAR personnel have dealt with you, we want to know. We want to put things right, and we always welcome suggestions to help us improve our performance.
You should initially try to resolve the issue with the person you have been dealing with. Most complaints are settled in this way, very often immediately.
If the issue remains unresolved you can ask to speak, or if you prefer write, to the person's line manager. The line manager will investigate the circumstances and inform you of the outcome. We aim to respond within ten to fifteen working days.
If you still remain unsatisfied HSE and DECC have further arrangements in place to help resolve the issue:
You can also write to your MP to take up your case with us or with Ministers. Your MP may also ask the The Office of the Parliamentary and Health Service Ombudsman to review your complaint.
Important Note
This process should not be used for appeals relating to regulatory decisions OMAR has made, as detailed within the appeals process within the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015. For such matters you should use the pre-appeal and, if necessary, appeal process as detailed within the associated OMAR business process framework.