Health and safety in the offshore oil and gas sector—legislative regime
Produced in partnership with Lynne Moss of Burness Paull
Health and safety in the offshore oil and gas sector—legislative regime

The following Environment guidance note Produced in partnership with Lynne Moss of Burness Paull provides comprehensive and up to date legal information covering:

  • Health and safety in the offshore oil and gas sector—legislative regime
  • General duties
  • Defence
  • Senior management duties
  • Other regulations which apply to the oil and gas industry
  • Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007)
  • Enforcement of Offshore Health and Safety Law
  • Penalties for breach
  • Enforcement notices

General duties

An operator or owner of an offshore oil and gas installation is required to comply with its health and safety duties under the Health and Safety at Work Act 1974 (HSWA 1974), as well as with a number of statutory requirements contained in a number of regulations.

For an overview of the requirements which apply under HSWA 1974, see Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974.

Defence

Once the prosecution has established that the employer exposed his employee to a risk of injury, or as the case may be, those that may be affected by the risk, the burden shifts to the employer to show that it was not reasonably practicable to do more than was done by him to reduce the risk of injury. See Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974 for more information.

Senior management duties

Where an employer is found to have committed an offence under HSWA 1974, s 2, and if it can be proven that the offence was committed with the consent, connivance or due to any neglect of, any director, manager, secretary or other similar officer of the company, that individual, as well as the employer, is guilty of