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 Energy practice 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
  • Brexit Impact
  • 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

Brexit Impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes.

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

Popular documents