A consultation has been launched by the Health and Safety
Executive ("HSE") on proposals to replace the Health and
Safety at Work etc. Act 1974 (Application outside Great Britain)
Order 2001 (the "2001 Order"), with the Health and Safety
at Work etc. Act 1974 (Application outside Great Britain) Order
2013 (the "2013 Order"). The new 2013 Order will ensure
that all workers offshore are adequately protected by law and that
the HSE maintains its authority to regulate offshore. Consultation
is now open and will end on 4 July 2012.
The Health and Safety at Work Act 1974 ("HSWA") covers
work-related health and safety in the United Kingdom and sets out
employer's responsibilities to employees and others in the
workplace. HSWA also provides powers for further regulations to be
made under it such as the aforementioned 2001 Order. Without the
2001 Order the HSE would not have the power to regulate certain
specific offshore areas and work activities despite being
potentially dangerous.
The 2001 Order does not extend the HSWA to all offshore activities
in its entirety, and its more general provision (Article 8), which
covers a wide range of activities within the territorial sea, does
not extend beyond the territorial sea into the UK Continental
Shelf.
The 2001 Order was amended in 2009 giving the HSE further power to
regulate energy structures beyond the United Kingdom territorial
sea (12 nautical miles) and offshore installations that were used
for other purposes and previously not covered by health and safety
legislation, until April 2011. This was latterly extended until
April 2013. Without the proposed 2013 Order the HSE will not have
the further powers granted in 2009 to regulate certain energy
structures and offshore installations, and as such employees will
not enjoy the protection provided under the HSWA.
There are three main reasons why the new 2013 Order is
required:
- To consolidate and clarify the law: Offshore wind farms are being built beyond the territorial sea limit. It is imperative that the HSE extends its regulatory powers appropriately;
- Offshore Emerging Energy Technologies (EETs): Various new EETs relating to activities such as carbon dioxide storage and underground coal gasification are due to commence in early course. Whilst the HSE already has the power to regulate these activities, the 2001 Order was not designed with them in mind. Due to their high risk nature absolute clarity on protection provided by HSWA is required; and
- Operational lessons: The 2013 Order will provide the opportunity to clarify and simplify the law based on lessons learned since the 2001 Order.
The 2013 Order is scheduled to come into force on 6 April 2013 with the HSE due to provide guidance in advance of this date. To view the consultative document and for information on how to respond please click here.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 20/04/2012.
