A guide to the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (Second edition)

A guide to the Offshore Installations and Pipelines Works (Management and Administration) Regulations 1995 Guidance on Regulations

This is a free-to-download, web-friendly version of L70, (Second edition, published 2002). This version has been adapted for online use from HSE’s current printed version.

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ISBN 978 0 7176 2572 7 Price £10.50

This booklet gives guidance on the Offshore Installations and Pipeline Works (Management and Administration) Regulations (MAR), which came into force on 20 June 1995.

It explains the main provisions of the Regulations to assist installation operators, installation owners, employers, managers, safety representatives, safety committee members and others involved with offshore activities.

HSE Books Page 1 of 55

© Crown copyright 2002

First published 1995

ISBN 978 0 7176 2572 7

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the copyright owner.

Applications for reproduction should be made in writing to: The Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: licensing@opsi.gov.uk

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory 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 as illustrating good practice.

Contents Preface 4

Introduction 5

Regulation 1 Citation and commencement 7 Regulation 2 Interpretation 7 Regulation 3 Meaning of ‘offshore installation’ 11 Regulation 4 Application 17 Regulation 5 Notification concerning offshore installations 21 Regulation 6 Managers 22 Regulation 7 Restraint and putting ashore 25 Regulation 8 Co-operation 26 Regulation 9 Records 28 Regulation 10 Permits to work 29 Regulation 11 Instructions 30 Regulation 12 Communication 31 Regulation 13 Helicopters 32 Regulation 14 Operational information 33 Regulation 15 Information to persons 34 Regulation 16 Health surveillance 35 Regulation 17 Drinking water 36 Regulation 18 Provisions 36 Regulation 19 Identification of the offshore installation 37 Regulation 20 Certificates of exemption 37 Regulation 21 Application of the Employers’ Liability (Compulsory Insurance) Act 1969 39 Regulation 22 Repeals and modifications of the 1971 Act 41 Regulation 23 Revocation and modification of instruments 41

Schedule 1 Repeals and modifications of the 1971 Act 42 Schedule 2 Revocations and modifications of instruments 44

Appendix List of acronyms used 52

References and further information 53

Preface This guide to the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (SI 1995/738)(MAR)1 as amended by the Offshore Safety (Miscellaneous Amendments) Regulations 2002 (SI 2002/2175),2 together with revised guidance, is intended to help people understand what the Regulations require. It is a simple explanation of the main provisions of the Regulations to assist installation operators, installation owners, employers, managers, safety representatives, safety committee members and others involved with offshore activities. MAR has been amended to include a definition of a ‘supplementary unit’ in regulation 2 and changes have been made to the meaning of ‘offshore installation’ in regulation 3 and the associated guidance. The guidance also reflects other changes made since publication, including defining when a well service vessel (WSV) becomes an offshore installation and clarifying the position of specialist support vessels which provide accommodation.

Introduction 1 This booklet gives guidance on the Offshore Installations and Pipeline Works (Management and Administration) Regulations (MAR), which came into force on 20 June 1995. The text of the Regulations is included in italics, with the appropriate guidance immediately below. Where the Regulations are self-explanatory no comment is offered. The guidance has been revised to reflect a new definition of offshore installation. The Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 2001 (SI 2001/2127)(AOGBO)(a)3 came into force in July 2001 (replacing the 1995 Order of the same name) and extended the definition of ‘offshore installation’ to include supplementary units which provide support services to offshore installations on the UK continental shelf. As a result, the definition of offshore installation contained in MAR also needed to be amended. This was brought into effect by the Offshore Safety (Miscellaneous Amendments) Regulations 2002.2 Additional guidance has been incorporated on the status of specialist support vessels which provide accommodation and the circumstances under which well service vessels are defined as offshore installations.

2 The Management and Administration Regulations1 (referred to as ‘the Regulations’ in this guidance) replace earlier prescriptive legislation on the management of offshore installations with more broadly based requirements setting out the objectives to be achieved. They revoke various requirements which had become outdated and unnecessary. The Regulations complement other Regulations dealing with the safe management of offshore installations including the Offshore Installations (Safety Case) Regulations 1992 (SI 1992/2885)(SCR)4 and the Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) (MHSWR).5 They cover:

(a) the notification to the Health and Safety Executive (HSE) of changes of owner, in the case of mobile installations, or of operator, in the case of fixed installations, and of the movement of installations into or out of UK waters; (b) the appointment, functions, duties and powers of offshore installation managers; (c) permit-to-work systems and the provision of written instructions; (d) the keeping of records of persons on board; (e) various operational matters (including communications, meteorological information, identification by sea and air, and providing information to workers on the location of the relevant HSE office); (f) the provision of health surveillance; (g) the provision of food and water supplies; (h) the need for co-operation among duty holders; (i) arrangements for helideck operations; (j) amendments to the Offshore Installations (Safety Representatives and Safety Committees) Regulations (SI 1989/971)(b);6 and (k) consequential amendments to other Regulations (eg the Offshore Installations and Pipeline Works (First-Aid) Regulations (SI 1989/1671)(c)7 to ensure consistency.

Where AOGBO 1995 is referred to in italics it should be read as if it referred to AOGBO 2001 (a)

SI 1989/971; amended by SI 1992/2885, SI 1993/1823, SI 1995/738(MAR), SI 1995/743, (b)

SI 1995/3163 and SI 1999/3242

Scope of the Regulations

3 The amended Regulations apply to fixed and mobile offshore installations, which may include wells and supplementary units. More guidance on application to installations is given in paragraphs 34-40. Regulation 15(2) applies to activities carried out in connection with an installation such as construction and loading/ unloading; to activities carried out in connection with a well, such as well servicing; and to pipeline works (eg pipelaying, repairs etc).

Relationship between these Regulations and other health and safety law

4 These Regulations complement various other health and safety requirements which also apply to offshore operations. The way requirements fit together is described under each regulation. This section describes how the Regulations fit in with general health and safety legislation and with the Safety Case Regulations.4

General health and safety legislation

5 The Health and Safety At Work etc Act 1974 (HSW Act)8 places general duties on all employers to ensure, so far as is reasonably practicable, the health and safety of their employees and of others who might be affected by their undertaking (HSW Act, sections 2, 3 and 4). These general duties are supplemented by MHSWR5 which contain requirements on risk assessments, health and safety arrangements, health surveillance, providing competent persons and the co-operation and co-ordination of health and safety activities between different employers and the self-employed.

6 The Management and Administration Regulations add to this legislation some more detailed requirements for the management of offshore operations (summarised in paragraph 2). In particular, they identify cases where it is necessary to put duties on a single duty holder in control of an offshore installation (the owner or operator), supported by a general duty of co-operation, rather than on employers in general. However, the HSW Act8 and MHSWR5 duties continue to apply to all offshore employers.

Safety Case Regulations

7 The Offshore Installations (Safety Case) Regulations 1992 (SCR)(d)4 require a safety case to be submitted for acceptance by HSE for every offshore installation. Regulation 8(1)(a) of SCR requires a demonstration of the adequacy of the safety management system (SMS) to ensure compliance with health and safety requirements. The requirements of these Regulations to appoint an installation manager and to operate permit-to-work systems will form key elements of the SMS. Communication arrangements, the collection of meteorological and oceanographic information, persons on board records etc will also form part of the safety management arrangements.

SI 1989/1671; amended by SI 1993/1823, SI 1995/738(MAR) and SI 1999/3242 (c)

SI 1992/2885; amended by SI 1995/738(MAR), SI 1995/743, SI 1996/913, (d)

SI 1997/2776

8 Regulation 14 of SCR4 requires various people to co-operate both in the preparation of a safety case and to ensure activities are conducted in conformity with the safety case. MAR broadens the duty of co-operation (regulation 8) to cover all persons with a contribution to make to health and safety, whether or not mentioned in SCR regulation 14, and in relation to all health and safety law.

9 The Regulations also require the provision of information which supplements the safety case to assist HSE in monitoring offshore safety standards (eg notification of changes in duty holder).

10 A guide to the Offshore Installations (Safety Case) Regulations 19929 includes guidance (pages 51-78) on particular matters which HSE will look for when considering safety cases for acceptance. This guidance on MAR can usefully be read in conjunction with the SCR guidance.

Citation and commencement Regulation 1 Regulation These Regulations may be cited as the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 and shall come into force on 20th June 1995, except regulation 23(2), which shall come into force on 20th June 1 1997.

Interpretation Regulation 2 Regulation (1) In these Regulations, unless the context otherwise requires -

“the 1969 Act” means the Employers’ Liability (Compulsory Insurance) Act 1969; (e)

“the 1971 Act” means the Mineral Workings (Offshore Installations) Act 1971; (f)

“the 1995 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995; (g)

“apparatus or works” means -

(a) apparatus or works described in paragraphs (a) to (f); and (b) a structure described in paragraph (g),

of the definition of “pipeline” in article 6(2) of the 1995 Order;

(e) 1969 c.57 (f) 1971 c.61; amended by the Oil and Gas (Enterprise) Act 1982 {c.23}; certain provisions repealed by SI 1993/1823 (g) SI 1995/263; revoked and re-enacted by the Health and Safety at Work etc. Act 1974 (Application 2 Outside Great Britain) Order 2001 SI 2001/2127

Regulation “associated structure” means, in relation to an offshore installation, a vessel, aircraft or hovercraft attendant on the installation or any floating structure used in connection with the installation;

“concession owner” in relation to an offshore installation means the person who at any time has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored if, at that time, the installation is, or is to be, used in the exercise of that right;

“duty holder” means -

(a) in relation to a fixed installation, the operator; and (b) in relation to a mobile installation, the owner;

“fixed installation” means an offshore installation other than a mobile installation;

“installation manager” means, in relation to an offshore installation, the person appointed for the purposes of regulation 6(1)(a) who is for the time being in charge of it;

“mobile installation” means an offshore installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;

“offshore installation” shall be construed in accordance with regulation 3;

“operator” in relation to a fixed installation means the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by such installation or, where no such person has been appointed, the concession owner;

“owner” in relation to a mobile installation means the person who controls the operation of the installation;

“pipeline” means a pipeline within the meaning of article 6(2) of the 1995 Order;

“pipeline works” means pipeline works within the meaning of article 6(2) of the 1995 Order;

“relevant employee” means an employee -

(a) who is ordinarily resident in the United Kingdom, or (b) who is not ordinarily resident in the United Kingdom but who has been present in the United Kingdom and relevant waters in the course of employment there for a continuous period of not less than 7 days;

“relevant waters” means -

(a) tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters; and (b) any area designated by order under section 1(7) of the Continental Shelf Act 1964;(h)

1964 c.29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 {c.23}, Schedule 3, (h) paragraph 1

Regulation “supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation; and

“vessel” includes a hovercraft and any floating structure which is capable of being staffed.

(2) Any reference in these Regulations to operating an offshore installation is a reference to using the installation for any of the purposes described in regulation 3(1).

(3) For the purpose of these Regulations any structures and devices on top of a well shall be treated as forming part of the well.

(4) Unless the context otherwise requires, any reference in these Regulations to -

(a) a numbered regulation is a reference to the regulation in these Regulations so numbered; (b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears; and (c) a numbered Schedule is a reference to the Schedule in these 2 Regulations so numbered.

Guidance Duty holder

11 The duty holder structure for these Regulations is the same as that in the SCR4 and in the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 (SI 1995/743) (PFEER).10 Most of the Regulations refer to a primary duty holder (the operator, in the case of a fixed installation, and the owner, in the case of a mobile installation) who is responsible for discharging the duties under the Regulations. Definitions used in these Regulations are the same as those in PFEER and SCR, including the definitions of ‘owner’ and ‘operator’. Therefore, the person who has submitted the safety case will also be the duty holder under these Regulations. The operator will normally be the same person as the operator under model clause 24 of the Petroleum (Production) (Seaward Areas) Regulations 1988 (SI 1988/1213).11 Figure 1 sets out briefly the duty structure in the new legislation.

Owner

12 The definition of ‘owner’ in these Regulations is new and replaces the definition formerly found in the Mineral Workings (Offshore Installations) Act 1971 (MWA).12 The MWA definition was linked to registration, but the requirement to register installations is revoked by these Regulations. The new definition refers to the person who controls the operation of the installation, ie the person who contracts with the operator to use the installation for oil and gas related activity. This will normally be the same person as under the definition formerly used in the MWA. It does not refer to the operator (who contracts with the owner) or to the installation manager, who is appointed by the owner (see regulation 6). The owner as defined in these Regulations may not be the owner in the ordinary financial 2 sense.

Figure 1 Offshore safety legislation: duty structure

Concession owner appoints operator

Primary duty holder

(Operator of fixed installations; owner of mobile installation) Responsible for safety Employer case; arrangements for prevention of fire and Duty of care to explosion, emergency employees, others response etc affected by undertaking

Appoints offshore installation manager

Also HSW Act duty as employer

Offshore installation manager Employee, other Manages installation on persons on board behalf of primary duty holder

Guidance Concession owner

13 The new definition of ‘concession owner’ replaces and simplifies that formerly contained in MWA,12 but is otherwise similar in meaning to the previous definition. The concession owner is the person who appoints the operator (see paragraph 11). Where no operator is appointed, the concession owner becomes the operator and takes on the responsibilities of the duty holder under these Regulations. The 2 concession owner has a duty of co-operation under regulation 8 in any case.

Meaning of “offshore installation” Regulation 3 Regulation (1) Subject to the provisions of this regulation, in these Regulations the expression “offshore installation” means a structure which is, or is to be, or has been used, while standing or stationed in relevant waters, or on the foreshore or other land intermittently covered with water -

(a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well; (b) for the storage of gas in or under the shore or bed of relevant waters or the recovery of gas so stored; (c) for the conveyance of things by means of a pipe; or (d) mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this paragraph,

together with any supplementary unit which is ordinarily connected to it or any part of it (including those parts described in paragraph (3) below) and all of the connections.

(2) Any reference in paragraph (1) to a structure or unit does not include -

(a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes; (b) a well; (c) a structure or device which does not project above the sea at any state of the tide; (d) a structure which has ceased to be used for any of the purposes specified in paragraph (1), and has since