Health care and first aid on offshore installations and pipeline works

Health and Safety

Health care and first aid on offshore installations and pipeline works Offshore Installations and Pipeline Works (First-Aid) Regulations 1989

Approved Code of Practice and guidance The Regulations and Approved Code of Practice in this book are aimed at dutyholders to ensure that they understand and provide adequate first aid and basic health care for all personnel, including visitors, who are injured or become ill while on offshore installations.

It considers the role, responsibilities and competencies of offshore medics and offshore first-aiders and the assessment of basic first-aid and healthcare needs.

L123 (Third edition) Published 2016

HSE Books

© Crown copyright 2016

First published 1990 Second edition 2000 Third edition 2016

ISBN 978 0 7176 6629 4

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Approved Code of Practice

This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law.

However, the Code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.

Guidance

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.

Contents

Introduction 5 The Regulations 8 Regulation 1 Citation and commencement 8 Regulation 2 Interpretation 8 Regulation 3 Application of Regulations 10 Regulation 4 Extension of meaning of “work” and “at work” 10 Regulation 5 Duty of person in control 11 Regulation 6 Defence in proceedings for contravening these Regulations 17 Regulation 7 Power to grant exemptions 17 Regulation 8 Amendment of the Health and Safety (First-Aid) Regulations 1981 17 Appendix 1 Notice of Approval 18 Appendix 2 Assessment of first-aid and basic healthcare needs 19 Appendix 3 Roles, responsibilities and competencies of offshore medics 21 Appendix 4 Roles, responsibilities and competencies of offshore first-aiders 25 List of abbreviations used 27 Useful addresses 28 References and further reading 29 Further information 31

Introduction

About this book

1 This publication sets out what you have to do to comply with the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (OFAR).1 The Approved Code of Practice (ACOP) text and associated guidance provide practical advice on how you can comply with the requirements of the Regulations.

2 OFAR requires dutyholders to ensure adequate first-aid and basic healthcare provision for all personnel, including visitors, who are injured or become ill while on offshore installations or pipeline works.

3 This book has been prepared to help dutyholders understand and comply with OFAR and offers practical advice on what they might do. It contains the Regulations themselves (as amended in 1993, 1995, 1999 and 2015; amendments are shown in square brackets) and a revised ACOP and guidance. It replaces the ACOP and guidance published in 2000.

4 Where other documentation (ie regulations, ACOPs, guidance or related publications) is mentioned, full details can be found in References and further reading.

5 Where appropriate, the ACOP text and the associated guidance have been updated and simplified. The main changes have been widely consulted on and include the following.

(a) The Health and Safety Executive (HSE) has added ‘medical practitioner’ to the ACOP text associated with regulation 2 to specify the registration and licence requirements they must have. The roles and responsibilities of the practitioner have been explained. (b) There is greater emphasis on the employers’ responsibilities to identify the competencies needed for someone to be appointed as an offshore medic, and to not rely solely on them having a valid offshore medic qualification. (c) The conditions of approval for HSE-approved training providers have been removed from the ACOP. HSE has specific guidance that provides details of organisations approved by HSE to offer offshore medic and offshore first-aid qualifications. The guidance for training organisations can be found in two HSE online publications: Offshore first-aid qualifications: A guide for training organisations approved under the Offshore Installations and Pipeline Works (First-Aid) Regulations 19892 and Offshore medic qualifications: A guide for training organisations approved under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989.3 (d) The offshore medic and offshore first-aid training syllabuses are now incorporated into two new appendices (3 and 4) that cover roles, responsibilities and competencies of offshore medics and first-aiders. The training content has been aligned with the HSE publications referred to in (c), above.

6 The Regulations, ACOP and guidance deal with securing effective arrangements to meet first-aid and basic healthcare needs offshore.

7 These Regulations complement various other health and safety requirements which also apply to offshore operations. The rest of this introduction describes how OFAR fits in with general health and safety legislation and with certain offshore- specific regulations.

General health and safety legislation

8 The Health and Safety at Work etc Act 1974 (the HSW Act)4 places general duties on all employers to ensure, so far as reasonably practicable, the health, safety and welfare of their employees and the health and safety of others who might be affected by the way they carry out their undertaking (the HSW Act sections 2 and 3).

9 These general duties are supported by the Management of Health and Safety at Work Regulations 1999 (MHSWR)5 which require employers to undertake and, where appropriate, record risk assessments for the purpose of identifying the measures needed to prevent or control the risks to employees or others. The information gathered from risk assessments will help dutyholders assess the level of first-aid and basic healthcare provision needed to comply with OFAR.

10 MHSWR also requires employers to appoint competent people to help them with health and safety measures. Such competent people will include offshore medics and offshore first-aiders appointed under OFAR.

Safety Case Regulations

11 The Offshore Installations (Offshore Safety Directive) (Safety Case etc) Regulations 2015 (SCR 2015)6 apply to oil and gas operations in external waters, that is, the territorial sea adjacent to Great Britain and any designated area within the United Kingdom continental shelf (UKCS). They replace the Offshore Installations (Safety Case) Regulations 2005 (SCR 2005) in these waters, subject to certain transitional arrangements. Oil and gas operations in internal waters, such as estuaries, will continue to be covered by SCR 2005 and guidance on those Regulations appears in A guide to the Offshore Installations (Safety Case) Regulations 2005 (L30).7

12 SCR 2005 and SCR 2015 require a safety case to be submitted for acceptance by HSE and the competent authority, respectively, for each offshore installation.

13 Regulation 16(1)(a)(i) of SCR 2015 requires the safety case to include a demonstration of the adequacy of the dutyholder’s management system to ensure compliance with the relevant statutory provisions in respect of matters within the dutyholder’s control. Those provisions include the requirements of OFAR.

Prevention of Fire and Explosion, and Emergency Response Regulations 14 The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 (PFEER)8 set out requirements for securing effective emergency response in the event of incidents affecting offshore installations. This

includes both major accidents and some lesser incidents, such as injury or illness to people who then need urgent evacuation for medical treatment or recuperation. First-aid and emergency medical provision will normally form part of emergency response.

15 Regulation 8 of PFEER requires an emergency response plan to be prepared which sets out the organisation, and arrangements and procedures for dealing with an emergency on the installation. The plan needs to provide details of the role and responsibilities of those with specific duties in an emergency, including offshore medics and offshore first-aiders, as well as the general procedures for everyone on the installation. It should be produced in consultation with the people who are likely to have a role in implementing the plan.

Management and Administration Regulations

16 Regulation 8 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (MAR)9 requires everyone to co-operate with the operator or owner of an offshore installation and the employer of people engaged in connected activities, so far as is necessary to enable them to fulfil their legal responsibilities, including their responsibilities under OFAR. The duty to co-operate falls on everyone on the installation and their employers, as well as anyone who has agreed to provide medical support.

17 MAR also amended some of the general definitions used in OFAR. See regulation 2 guidance for further information on the revised definitions.

Offshore Safety Representatives and Safety Committees Regulations 18 Regulation 23 of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 198910 requires dutyholders and other employers to consult safety representatives on health and safety arrangements. In the case of dutyholders this includes mandatory consultation of safety representatives over the preparation of installation safety cases and their subsequent amendment.

About ACOPs

19 ACOPs are approved by the HSE Board with the consent of the Secretary of State (see Appendix 1 Notice of Approval for details).

20 The ACOP describes preferred or recommended methods that can be used (or standards to be met) to comply with the Regulations and the duties imposed by the HSW Act. The accompanying guidance also provides advice on achieving compliance, or it may give information of a general nature, including explanation of the requirements of the law, more specific technical information, or references to further sources of information.

21 The legal status of ACOP and guidance text is given on page 2.

Presentation

22 The ACOP text is set out in bold and the accompanying guidance in normal type, the text of the Regulations is in italics. Coloured borders also indicate each section clearly.

The Regulations

Regulation 1 Citation and commencement Regulation 1 These Regulations may be cited as the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 and, subject to the provisions of regulation 5(2)(b) below, shall come into force on 13th September 1990.

Regulation 2 Interpretation Regulation 2 In these Regulations, unless the context otherwise requires –

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

[“the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995;]

[“the 2013 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013;]

“first-aid” means –

(a) in cases where a person will need help from a medical practitioner or nurse, treatment for the purpose of preserving life and minimising the consequences of injury and illness until the appropriate help is obtained; and (b) treatment of minor injuries or illnesses which would otherwise receive no treatment or which do not need treatment by a medical practitioner or nurse (in this sub-paragraph “treatment” includes redressing and other follow-up treatment);

[“offshore installation” has the same meaning as in regulation 3 of the 1995 Regulations;]

“person in control” means –

(a) [in relation to an offshore installation, the person who is the duty holder as defined by regulation 2(1) of the 1995 Regulations for the purposes of those Regulations;] (b) in relation to pipeline works, the owner of the pipeline or the proposed owner of the proposed pipeline as both are defined in [section 27(1) of the Petroleum Act 1998] or, if no person has been designated as the owner of the pipeline or proposed owner of the proposed pipeline in pursuance of [that section], the person in whom the pipeline is vested or the person for whom it is to be constructed;

Regulation 2 (c) [in relation to an activity in connection with an offshore installation – (i) the person who is, in relation to the installation, the duty holder as defined by regulation 2(1) of the 1995 Regulations for the purposes of those Regulations; and (ii) the employer of persons engaged in that activity;]

“pipeline” means any pipeline or part of a pipeline in relation to which sections 1 to 59 and 80 to 82 of the 1974 Act are applied by [article 6 of the 2013 Order] and any pipeline or part of a pipeline which is connected to it or to an offshore installation and which is in, under or over inland waters within Great Britain or tidal waters and parts of the sea in or adjacent to Great Britain;

“pipeline works” means any of the works mentioned in sub-paragraphs (a) to [(e)] of the definition of pipeline works in [article 6 of the 2013 Order] which relate to a pipeline within the meaning of these Regulations;

“sick bay” means a room for the medical treatment and care of sick and injured persons.

Guidance 2 23 The definition in OFAR of ‘first aid’ is wide, particularly in including the treatment of minor illnesses. This definition is important in understanding the scope of dutyholders’ responsibilities which go beyond first aid.

24 MAR introduced a new definition of an ‘offshore installation’ and modified the definition of ‘person in control’.

25 The ‘dutyholder’ is defined in regulation 2(1) of MAR. See the guidance to regulation 2 of MAR for more information.

26 In relation to pipeline works, the person in control is not necessarily the same as the pipeline ‘operator’ defined in regulation 2(1) of the Pipelines Safety Regulations 1996.11

27 The definition in OFAR of ‘pipeline works’ excludes diving operations by only referring to sub-paragraphs (a) to (e) of article 6 of the 2013 Order; this means that OFAR does not apply to diving projects in connection with pipeline works.

ACOP 2 28 In this Code of Practice, unless the context requires otherwise:

(a) ‘registered medical practitioner’ means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act (ie someone who holds a current General Medical Council (GMC) registration and has a licence to practise in the United Kingdom); (b) ‘offshore first-aider’ means a person who holds a current Offshore First- Aid Certificate issued by an organisation approved by HSE to train, examine and certify offshore first-aiders; (c) ‘offshore medic’ means a person who holds a current Offshore Medic Certificate issued by an organisation approved by HSE to train, examine and certify offshore medics; (d) ‘the Regulations’ means the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 as amended.

29 Words and expressions used in the ACOP which are also found in ‘the Regulations’ have the same meaning as in the Regulations. Words and expressions used in the ACOP which are found in the HSW Act (but not in ‘the Regulations’) have the same meaning as the HSW Act.

Regulation 3 Application of Regulations Regulation 3 These Regulations apply to or in relation to premises and activities –

(a) in Great Britain which are or are connected with offshore installations or pipeline works, and (b) outside Great Britain in circumstances in which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of [articles 4 and 6 of the 2013 Order.]

Regulation 4 Extension of meaning of “work” and “at work” Regulation 4 For the purposes of these Regulations and of Part I of the 1974 Act, the meaning of “work” and “at work” shall be extended, in relation to the provision of first-aid and other medical assistance, the provision of advice in connection with health, and the provision of information in connection with all the foregoing, so that all persons employed or self-employed are treated as being at work whether or not they are on duty, if they are on –

(a) an offshore installation; (b) a vessel engaged in pipeline works; or (c) a vessel from which any of the following activities in connection with an offshore installation are being carried on, that is to say construction, reconstruction, alteration, repair, maintenance, cleaning, demolition, dismantling and any activity immediately preparatory thereto.

Guidance 4 30 The Regulations apply to:

(a) offshore installations; (b) activities specified in regulation 5(1) (including construction, repair and dismantling), when carried out from a vessel in connection with offshore installations; (c) pipeline works (ie including the activities of laying, repairing, moving or removing a pipeline or a length of pipe);

within Great Britain waters, territorial waters adjacent to Great Britain and on the UK sector of the continental shelf.

31 OFAR requires first-aid and basic healthcare facilities for everyone on an installation or engaged in any of the specified activities. However, this guidance indicates that offshore installations, pipelaying barges/vessels and heavy lift vessels involved in construction and related activities need their own facilities. People based elsewhere (eg carrying out maintenance work from a support vessel) should have access to facilities on the associated offshore installation, vessel or barge, but there is no requirement for the support vessel to provide its own facilities beyond those required by maritime law. Nor does the duty extend to the crews of such vessels.

Recovery and rescue

32 OFAR does not apply to vessels standing by offshore installations to assist in an emergency. The medical provision for stand-by vessels has been detailed in guidelines published by Oil & Gas UK.

Guidance 4 Diving

33 Under the