UK Offence Report

The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995

UK Statutory Instrument 1995 No. 743 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
23 March 1995
In force from
20 June 1995
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations contain requirements for measures for the protection of persons on offshore oil and gas installations from fire and explosion, and for securing effective “emergency response”, which means action to safeguard the health and safety of persons on such installations in an emergency. The Regulations give effect, in relation to offshore installations in territorial waters adjacent to Great Britain or in the United Kingdom sector of the continental shelf, (or in the case of sub–paragraph (c) below, give effect in part) to the following provisions of Council Directive 92/91/EEC (OJ No. L348, 28.11.92, p.9) concerning the minimum requirements for improving the safety and health protection of workers in the mineral–extracting industries through drilling: Articles 3.1(f), 5 and 6; in Part A of the Annex, points 6.1, 6.3, 7.1 to 7.4, 7.6, 7.7, 11.5 and 13.7; and in Part C of the Annex, points 2.1 to 2.5, sections 3 to 7, and points 11.2 and 11.3; and in Part A of the Annex, points 2.1.1, 2.6, 2.8, 3.1, 4.2, 7.5 and 14.1; and in Part C of the Annex, points 1.1 and 10.1. Regulation 23 gives effect in part, in relation to such offshore installations, to the provisions of Article 11.2(b) of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ No. L183, 29.6.89, p.1). The Regulations also contain other provisions. Most of the duties imposed by the Regulations are on “the duty holder” who is, by regulation 2(1), in relation to a fixed installation, the “operator” and, in relation to a mobile installation, the “owner”. Regulation 4 contains a general duty on the duty holder to take measures for protecting persons on the installation from fire and explosion, and for securing effective emergency response. Regulation 5 requires the duty holder to perform, repeat as appropriate, and keep a record of an assessment of measures for effective evacuation, escape, recovery and rescue to avoid or minimise any major accident, and otherwise protecting persons from a major accident involving fire or explosion; such an assessment includes the setting of performance standards. Regulation 6 requires the duty holder to establish the organisation and arrangements which are to have effect in an emergency; to ensure that instructions and training are provided on the action to take; and that written information is provided on the use of emergency plant. Regulation 7 requires the duty holder to ensure the availability of equipment in the event of an accident involving a helicopter. Regulation 8 requires the duty holder to prepare and keep up–to–date an emergency response plan; to ensure that it is available and its contents known; and to ensure that it is tested as necessary. Paragraph (4) requires persons to conform to it in an emergency, where practicable. Regulation 9 requires the duty holder to take appropriate measures for preventing fire and explosion, and it identifies certain kinds of such measures. Regulation 10 requires the duty holder to take appropriate measures for detecting fire and other events which may require emergency response, and for information on certain incidents to be conveyed to places where control action can be instigated. Regulation 11 requires the duty holder to make arrangements for warning to be given of an emergency, and for communication of the purpose of emergency response; it prescribes the illuminated signs and acoustic signals to be used for certain purposes; and it contains a transitional provision. Regulation 12 requires the duty holder to take measures for controlling emergencies. Regulation 13 requires the duty holder to take measures for protecting persons on the installation from the effects of fire and explosion. Regulation 14 contains requirements for muster areas, and evacuation and escape points and routes; for persons to be assigned to muster areas; and for certain procedures for or in connection with mustering. Regulation 15 requires the duty holder to ensure that arrangements exist for safe evacuation of persons and their being taken to a place of safety. Regulation 16 requires the duty holder to ensure that means exist for persons to escape from the installation where the arrangements for systematic evacuation fail. Regulation 17 requires the duty holder to ensure that effective arrangements exist for persons to be recovered following their evacuation, or escape, from the installation; for the rescue of persons near the installation; and for taking rescued and recovered persons to a place of safety. Regulation 18 has the effect that, in relation to certain personal protective equipment, the duty holder is the person who, in relation to all persons on the installation, has to discharge duties imposed by the Personal Protective Equipment at Work Regulations 1992 (S.I. 1992/2966); and the regulation requires that he ensures that a written scheme for examination and testing of such equipment is prepared and operated. Regulation 19 requires the duty holder to ensure that plant on the installation, other than aircraft, or equipment to which regulation 18 relates, is suitable, and maintained in an efficient state, in efficient working order and in good repair; and that a suitable written scheme is prepared, and operated by a competent and independent person, for systematic examination of certain plant; it makes certain requirements in relation to such a scheme; paragraph (6) of that regulation provides that the scheme need not provide for the examination of equipment which has passed scrutiny in a survey prior to the issue of a current Certificate of Fitness pursuant to the Offshore Installations (Construction and Survey) Regulations 1974 (S.I. 1974/289). Regulation 20 contains requirements for life–saving appliances. Regulation 21 provides for information on the location of hazardous areas, and certain emergency plant, to be available. Regulation 22 provides for the granting of exemptions from the Regulations by the Health and Safety Executive. Regulation 23 amends regulation 23(2)(c) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 (S.I. 1989/971). Regulation 24 amends regulation 8 of the Offshore Installations (Safety Case) Regulations 1992 (S.I. 1992/2885). Regulation 25 and the Schedule revoke or modify certain enactments.

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