The Offshore Workforce Engagement Inspection Guide

The Offshore Workforce Engagement Inspection Guide Open Government Status Closed / Fully Open Publication Date January 2026 Review Date January 2029

Review History Date Changes

28 Aug 2018 Initial publication 28 Dec 2022 Formatting changes (inc change of header from OSDR to OMAR) and the addition topic scoring guidance. Deletion of references to Energy Division Offshore Oil & Gas Sector Plan and the HSE 2014 – 2017 Offshore Oil & Gas Sector Strategy

22 Dec 2025 Formatting changes and word changing on environmental representatives offshore.

Target Audience ED Offshore Inspectors / ED Specialist Inspectors

Contents ➢ Summary ➢ Introduction ➢ Action ➢ Background

➢ Appendix 1 Commentary on specific regulations (including examples of good and bad practice) ➢ Appendix 2 Pre-visit information request ➢ Appendix 3 Question Set / Aide-memoire ➢ Appendix 4 Application of the EMM ➢ Appendix 5 References

Summary This inspection guide is for use by Inspection Management Teams and others inspecting dutyholder arrangements for complying with the Offshore Installations (Safety Representative and Safety Committees) Regulations 1989 (the Regulations).

The purpose of this Inspection Guide is to provide information and guidance to OMAR Energy Division Inspectors to support the delivery of consistent and effective inspection of duty holder arrangements to comply with the Regulations and associated legislation.

These Regulations allow the workforce on an offshore installation to elect safety representatives from among themselves, and confers on them rights, functions and powers in relation to the health and safety of the workforce. They also provide for time off with pay for safety representatives so they can perform these functions and undergo relevant training.

Dutyholders have to establish safety committees in accordance with the Offshore Safety Representative regulations. The role of the safety committee includes reviewing health and safety at the workplace and as appropriate making representations and recommendations to the installation manager.

Introduction A common theme running through a number of offshore major accidents has been the need for better workforce engagement and communication. For example, one early case is the Sea Gem disaster (Dec 1965) that resulted in the deaths of 13 people, the subsequent investigation found that “better communication with workers “was needed.

The Lord Cullen Piper Alpha Enquiry Report makes it clear that “it is essential that the whole workforce is committed to and involved in safe operations” (para 18.48) this is reinforced by recommendation 27 of the Report which states:

“The regulatory body, operators and contractors should support and encourage the involvement of the offshore workforce in safety...”

Furthermore the Maitland Review (Dec 2011 https://www.gov.uk/government/publications/offshore- oil-and-gasin-the-uk-independent-review-of-the-regulatory-regime) acknowledged the importance of effective workforce consultation and engagement as facilitated by the Offshore (Safety Representatives and Safety Committee) Regulations 1989:

“It was clear to the Panel that employers understand the benefit of engaging and enabling their workforce in safety and environmental matters. It heard in evidence that employers seek value from a productive partnership with the offshore workforce in general, and the appointed Safety Representatives in particular” (p.71)

The function of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 is to ensure that duty holders, installation managers, employers and the work force co-operate towards the common goal of reducing offshore accidents and occupational ill health.

These Regulations are a key element of the offshore regime. Whilst the primary responsibility for health and safety is with operators, owners and employers, all members of the workforce have a part to play. These regulations encourage the workforce to do this by providing a statutory framework for cooperation.

They give the workforce the right to elect by secret ballot a safety representative and to create a Safety Committee for their installation. The regulations place duties on duty holders (installation owners/ operators and other employers) to:

• Identify suitable constituencies (groups of employees) to facilitate the election of safety representatives (ESR).

• Provide appropriate training for safety representatives.

• Provide the necessary facilities, information, and documents to enable safety representatives/ safety committee to fulfil their functions.

• Consult safety representatives on the: of Preparation of the Safety Case o Any installation changes that may substantially impact on workforce health and safety o Arrangements for the appointment of people to undertake emergency duties under Regulation 6(1) of PFEER o Planning of health and safety training o Provision of information that the dutyholder has to provide under any relevant statutory provision. o Provide a summary of the key features of the installation safety case.

In addition, the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (OSDR):

• Require that (within the CMAPP) duty holders demonstrate that measures are in place to ‘build and maintain a strong safety culture’. This will involve effective consultation and engagement with the workforce (L154 para 360); furthermore • OSDR has extended employee consultation requirements to include environmental matters. Schedule 3 (para 10) requires duty holders to demonstrate the measures they have in place for tripartite consultation with respect to the Safety and Environmental Management System. One way by which this can be shown is by the use of Employees tasked to Consider Environmental Aspects (E Reps).

ESRs have no duties under the Offshore (Safety Representatives and Safety Committee) Regulations; however, they are required to cooperate with their employers with respect to health and safety matters by virtue of Section 7 of the Health and Safety at Work Etc Act 1974.

This duty is further reinforced by Regulation 8 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (as amended) (MAR).

Regulation 8 requires all persons to cooperate with the installation manager to enable them to comply with the relevant statutory provisions.

Action The purpose of this Inspection Guide is to provide information and guidance to OMAR Inspectors to support the delivery of consistent and effective inspection of duty holder arrangements to comply with the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 and associated legislation.

It does this by highlighting key areas essential for effective workforce engagement and provides a framework against which Inspectors can judge compliance, assign performance ratings, and determine what enforcement action should be taken with respect to any legislative breaches that may be found. Guidance on specific regulations can be found in Appendix 1.

The inspection requires a review of relevant documentation (Appendix 2) prior to the installation visit followed by an installation visit and use of a Question set (Appendix 3).

By the conclusion of the inspection, it should be possible to:

• Determine the effectiveness of workforce engagement insofar as it related to the functions and powers etc of Elected Safety Representatives (ESRs) by forming an opinion on the duty holder’s overall level of compliance with these regulations and OSDR.

• Verify duty holder compliance with their responsibilities under the Regulations with respect to:

o Establishment of appropriate constituencies of Election of safety representatives of Provision of the appropriate facilities o Ensuring that the ESRs are being given the time, training, facilities, support, and the opportunity to engage with their constituents and feedback to their regulatory bodies if required, Duty Holder and/or Employers.

• Verify Duty Holders consultation with the workforce with respect to Safety Case preparation, review, and revision.

• Verify Safety Representative access to the installation safety case and the provision of a summary detailing its key features.

• Verify the effectiveness of Safety Representative engagement with their regulation 16 & 17 investigations and inspections.

The appendices to this inspection guide cover the following:

➢ Appendix 1 Commentary on specific regulations ➢ Appendix 2 Pre-inspection document request ➢ Appendix 3 Question Set ➢ Appendix 4 Application of the EMM ➢ Appendix 5 References/additional material

Background The contribution of elected safety representatives and committees to successful health and safety management is supported by numerous research studies. ( Ref 5) Safety Representatives have an important role in any organisation committed to an effective and evident safety culture.

The 2010 “Offshore workforce involvement and consultation compliance project” found that the regulations were generally complied with; however, aspects requiring further improvement were identified. Inspection of workforce engagement using this Inspection Guide provides the opportunity of assessing compliance against the backdrop of an industry facing increasing challenges.

Appendix 1

Commentary on specific regulations Regulation Commentary

Reg 3 Application The regulations apply on an installation which normally has people on-board and is at its working location.

They do not apply to installations which normally have no persons on-board, where there is no planned overnight occupancy, and the operation of the installation does not rely on daily visits. Implementation of a suitable arrangement on such platforms, and based on these requirements, would be considered good practice and should be encouraged.

Reg 5 Establishment of Constituencies The purpose of dividing the workforce into constituencies is to provide for appropriate groupings of the workforce from which safety representatives can be elected.

The Regulations set an upper limit of 40 people to a constituency to ensure a sufficient number and spread of safety representatives across an installation. An installation, however small the permanent workforce, may not have less than two constituencies.

The Regulations give the installation manager a considerable degree of flexibility in setting up the system of constituencies; however, they do set out a number of factors which the installation manager must take into account when determining the size and composition of each constituency.

The objectives of the division (in constituencies) should be that constituency members generally know each other, are familiar with common hazards and will be able easily to identify with the group.

Regs 20 & 21 Safety Committee Meetings They should be held at least three - monthly (90-days or less)and when most safety representatives can be present.

For a meeting to be quorate a minimum of one third of all Safety Representatives (or someone attending on their behalf) should be present.

The Regulations allow the safety committee, by unanimous vote, to co-opt additional people, but these co-opted are not entitled to vote on the co-option of others. No restriction is placed on who the co-opted may be. It may be of benefit if the installation safety officer (where appointed) is one of them, or another specialist.

However, it should be noted that all Safety committee members should be treated as ‘equal partners’ at meetings, with everyone being given an opportunity to contribute to the proceedings.

Reg 23 (2)(a) Facilities for Safety Representatives (ESRs) “Safety Representatives and Safety Committees must be provided with necessary accommodation, communication facilities and office supplies” L154 paragraph 96.

This should include a computer and email address to enable ESRs to communicate with constituents, each other, research information, receive information from the Industry bodies such as Duty Holder/Employers and the Competent Authority.

The facilities should provide an adequate level of privacy.

Inadequate communications provision can be a particular issue for those ESRs whose normal work does not grant them access to a computer and email (eg some contractors).

Reg Consultation 23(2)(c)(b) Duty holders are required to engage with and consult ESRs in good time and in a meaningful manner with respect to the preparation of the installation safety case, revisions and any other changes that may substantially affect the health and safety of the workforce (including maintenance and the adoption of new technologies).

The consultation arrangements need to be such that they enable the ESRs to effectively undertake their function to consult their constituency members.

Reg 26 Time off for training Safety representatives are entitled to time off, without loss of pay, during normal work to perform their functions and undertake training. Most training is undertaken in the representative’s own time while on field break, where the employer and employee have come to an arrangement for payment. While this may be appropriate in any given circumstances, in the event of dispute the legal position is that the employer is required to permit the safety representative to undertake the training required under regulation 27 during 'time off from his work on the offshore installation'.

Time off during working hours to perform functions has been identified as an area of potential concern.

Inspection should verify that adequate time is being granted, particularly in relation to contractors where a potential lack of available cover may hamper the potential for safety representative involvement.

Reg 27 Training Once elected, ESRs must be provided with training covering the functions of . Safety Representatives. OPITO and Trade Unions typically provide this training.

The dutyholder, not the employer, is required to ensure that safety representatives are trained in their functions and that the costs of the training, including travel and subsistence, are not borne by the safety representative.

For ESRs to be fully effective additional training may be required. OPITO (in consultation with the offshore industry) has formulated the “ESR Development Training Programme” the aim of which is to:

support improved health and safety through more effective workforce involvement, by helping safety representatives develop their effectiveness and confidence against the following objectives:

a. Understand and identify major accident hazards. b. Understand risk analysis to get involved in preparing/revising safety cases. c. Investigate incidents and apply root cause analysis. d. Conduct independent inspections and audits and present findings and concerns effectively.

Dutyholders can provide their own ESR training, but it does need to be of sufficient standard to enable Safety Reps to undertake their functions.

Appendix 2

Pre-inspection document / Information request

• Copies of the last 12 months (4) SI -971 Safety Committee meeting minutes.

• Copies of the last 4 OIM Duty Holder / employee weekly safety/environment briefings.

• List of the constituencies and their makeup (numbers in each constituency, functional or geographic).

• Copies of the last 4 Safety Constituencies meeting minutes (if these are held and recorded).

• A summary description of contractor consultation/engagement arrangements.

• Summary of the arrangements in place for employee consultation and engagement with respect to the environmental management system (OSDR Schedule 2 para 5).

Appendix 3

Question Set/ Aide-memoire

Installation:

Date of Inspection: P.O.B at the time of the Inspection:

Total No. of Safety Representatives (ESRs) ESR’s present: for the Installation: Day Shift: Night Shift:

1. Do the ESRs see or have knowledge and access to the Competent Authority Inspection Agenda prior to any offshore inspection (HSW Section 28(8))?

• If not, why not?

• Is the inspection agenda discussed with their constituents?

Initial Enforcement Expectation: Inspector to discuss and agree with the ESRs the best way of communicating inspection agenda to them. 2. Are the ESRs freely elected - if more than one candidate (Regs 7-12):

• Always

• Usually

• Never (they are being appointed by the OIM/ Safety Manager).

Initial Enforcement Expectation: Letter

3. Have ESRs been informed of who is in their constituency by the OIM (Reg 6(2))?

Initial Enforcement Expectation: Letter

4. Have constituencies been established that are appropriate for the size and type of the installation? (See L110 paras 12-17)

Initial Enforcement Expectation: Improvement Notice

5. Have the workforce been advised of their ESRs and constituency (Reg 6 (1) & (2)) ?

Initial Enforcement Expectation: Letter

6. What percentages of ESRs posts are currently filled?

• 60% to 100% filled

• 30% to 60% filled

• 0% to 20% filled

Initial Enforcement Expectation: Letter (if less than 60%)

7. What training have the ESRs been provided with (Reg 27)?

• None

• Basic ESR training with minimal delay (within 3 months) of election

• Basic ESR training but delayed (more than 3 months of election)

• Basic ESR training followed up by further development training (eg OPITO or company specific).

Initial Enforcement Expectation: Letter/ Improvement Notice

8. How are the ESRs training costs covered including wages (Reg 27)?

• Duty Holder /Employer always cover ESRs training costs and ESRs are paid for their time training.

• Duty Holder covers own employees and not contractors.

• Not covered or ESRs not being paid as required by virtue of Regulation 26(2)

Initial Enforcement Expectation: Improvement Notice

9. Are the ESRs provided with facilities to carry-out their functions (Reg23 (2)(a))?

• No specific ESR facilities.

• ESR facilities – with sufficient access privacy, desk, storage and computer access (with email account).

Initial Enforcement Expectation: Improvement Notice

10. Do the ESRs get the time (during their normal working hours) necessary to carry out their functions, Inspections, Investigations and communicate back to their constituents as appropriate (Reg 26)?

• Has sufficient time.

• Gets some time but does, most of the functions and meetings in their own time.

• Doesn’t get time during the working day to carry out their functions or their meetings, preparation or feedback to constituents is done in their own time.

Initial Enforcement Expectation: Letter / Improvement Notice

11. Has a Safety Committee been established and what is the makeup of it (Regs 19, 20, 21)? (note: dutyholder should be represented by the OIM plus one other – all Safety reps are members of the committee. Other persons can be co-opted eg ETEAs as deemed necessary).

Initial Enforcement Expectation: Improvement notice

12. Is the Safety Committee Meeting held at least once every three months (Reg 21)?

Initial Enforcement Expectation: Letter

13. Is there evidence to demonstrate that matters raised in the safety committee have been appropriately actioned?

Initial Enforcement Expectation: Not a specific duty under the Regulations – but may be indicative broader failings of the safety management system in relation to the monitoring and close out of remedial actions.

14. Has the Safety Committee been consulted with respect to any proposed changes to the established constituencies (Reg 5)?

Initial Enforcement Expectation: letter

15. ESRs are entitled (upon request) to be supplied by or on behalf of the installation manager a written summary of the main features of the Safety Case or revision. If requested has a summary been provided (Reg18A)?

Initial Enforcement Expectation: Improvement Notice

16. How have the ESRs/ETEAs been consulted and involved on the preparation and review of the Safety Case and were the ESRs given time to consult their constituents on the preparation and review of the Safety Case (Reg 23)?

Initial Enforcement Expectation: Letter

17. Do the ESRs request information and documentation in relation to