Health and Safety

Prevention of fire and explosion, and emergency response on offshore installations Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995

Approved Code of Practice and guidance

This publication contains the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995.

It is aimed at all those who own, operate or work on offshore installations and looks at how to prevent fires and explosions as well as how to protect people working on offshore installations should they occur. It also looks at how to respond to emergencies, considering issues such as escape, evacuation, rescue and recovery.

L65 (Third edition) Published 2016

HSE Books

© Crown copyright 2016

First published 1995 Second edition 1997 Third edition 2016

ISBN 978 0 7176 6326 2

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Approved Code of Practice

This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law.

However, the Code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.

Guidance

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, 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.

Contents

Introduction 5 The Regulations 9 Regulation 1 Citation and commencement 9 Regulation 2 Interpretation 9 Regulation 3 Application 13 Regulation 4 General duty 14 Regulation 5 Assessment 17 Regulation 6 Preparation for emergencies 20 Regulation 7 Equipment for helicopter emergencies 23 Regulation 8 Emergency response plan 23 Regulation 9 Prevention of fire and explosion 25 Regulation 10 Detection of incidents 27 Regulation 11 Communication 29 Regulation 12 Control of emergencies 32 Regulation 13 Mitigation of fire and explosion 34 Regulation 14 Muster areas etc 36 Regulation 15 Arrangements for evacuation 38 Regulation 16 Means of escape 40 Regulation 17 Arrangements for recovery and rescue 41 Regulation 18 Suitability of personal protective equipment for use in an emergency 44 Regulation 19 Suitability and condition of plant 45 Regulation 20 Life-saving appliances 47 Regulation 21 Information regarding plant 47 Regulation 22 Certificates of exemption 48 Regulation 22A Inventory of equipment etc 49 Regulation 22B Initiation and direction of emergency response and liaison with external response authority 50 Regulation 22C Arrangements for early warning of major accidents 50 Regulation 23 Amendment of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 51 Regulation 24 Amendment of the Offshore Installations (Safety Case) Regulations 1992 51

Regulation 25 Revocation 51 Appendix 1 Notice of Approval 52 Appendix 2 Co-operation: Regulation 8 of the Management and Administration Regulations 53 List of abbreviations 55 Contact addresses for HSE offices 56 References and further reading 57 Further information 60

Introduction

About this book

1 This publication sets out what you have to do to comply with the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 (PFEER) (as amended in 2005 and 2015 – the amendments to the regulatory text are shown in square brackets). The Approved Code of Practice (ACOP) text and associated guidance provide practical advice on how you can comply with the requirements of PFEER.

2 The book deals specifically with the prevention of fire and explosions on offshore installations and how to protect people on them should such an incident occur, including emergency response arrangements for evacuation, escape, rescue and recovery. The Regulations, ACOP and guidance deal with:

(a) preventing fires and explosions, and protecting people from the effects of any which do occur; (b) securing effective response to emergencies affecting people on the installation or engaged in activities in connection with it, and which have the potential to require evacuation, escape and rescue.

What are the differences between this book and the previous edition?

3 Where appropriate, the ACOP text and the associated guidance have been updated and simplified. The main changes have been widely consulted on and include:

(a) emphasising that when developing an approach to fire and explosion hazard management, consideration should be given to the ‘timely detection’ of events that have occurred and the ‘appropriate reporting and recording’ of such events (see regulation 4 and ACOP); (b) emphasising the need in the guidance to regulation 5 that any changes – including improvements – to measures introduced and their associated performance standards as a result of the initial assessment may be a reason to undertake a repeat assessment to ensure that the duties under PFEER are still met; (c) updating the definition of a ‘performance standard’ to provide further clarity (see regulation 5 guidance); (d) clarifying that releases of toxic or asphyxiating gases which have the potential to require evacuation, escape and rescue should be included when undertaking a PFEER regulation 5 assessment (see regulation 5 and ACOP); (e) adding ‘suitable detection systems for asphyxiating atmospheres’ to the list of illustrative examples associated with detection arrangements (see regulation 10 guidance);

(f) providing further explanation on detection systems, alarm settings and their capabilities (see regulation 10 and ACOP); (g) emphasising that for measures to remain effective in an emergency, the operator or owner should adequately define the temporary refuge survival time and demonstrate this through the development of suitable performance criteria, underpinned by testing where required. Events that are likely to compromise temporary refuge integrity within this time must be clearly identified and addressed in the emergency response plan (see regulation 13 and ACOP); (h) providing additional guidance on regulation 5 assessment considerations associated with totally enclosed motor propelled survival craft (TEMPSC) provision (see regulation 15 and ACOP).

4 In addition, when appropriate, new guidance is given on the 2005 and 2015 amendments to PFEER. For example, guidance is given on:

(a) new regulation 22A – Inventory of equipment etc; (b) new regulation 22B – Initiation and direction of emergency response and liaison with external response authority; (c) new regulation 22C – Arrangements for early warning of major accidents.

5 In some cases, ACOP and guidance material have been removed as the legal requirements were revoked or amended by the 2005 and 2015 amendments to PFEER.

About ACOPs

6 Approved Codes of Practice are approved by the Health and Safety Executive (HSE) Board with the consent of the Secretary of State (see Appendix 1 Notice of Approval for details).

7 The ACOP describes preferred or recommended methods that can be used (or standards to be met) to comply with the Regulations and the duties imposed by the Health and Safety at Work etc Act 1974 (the HSW Act).1 The accompanying guidance also provides advice on achieving compliance, or it may give information of a general nature, including explanation of the requirements of the law, more specific technical information or references to further sources of information.

8 The legal status of ACOP and guidance text is given on the copyright page.

Presentation

9 The ACOP text is set out in bold and the accompanying guidance in normal type. The text of the Regulations is in italics. Coloured borders also indicate each section clearly.

Relationship between these Regulations and other health and safety law

10 This section describes how PFEER fits in with general health and safety legislation and the interface with the Offshore Installations (Safety Case) Regulations 2005 (SCR 2005),2 the Offshore Installations (Offshore Safety Directive)(Safety Case

etc) Regulations 2015 (SCR 2015)3 and the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 (OSRSCR).4

General health and safety legislation 11 The HSW Act places general duties on employers to ensure, so far as reasonably practicable, the health and safety of their employees, and others who might be affected by their undertaking (the HSW Act sections 2, 3 and 4). These general duties are supported by the requirement in regulation 3 of the Management of Health and Safety at Work Regulations 1999 (MHSWR)5 for employers to undertake risk assessments for the purpose of identifying the measures which need to be put in place to prevent accidents and protect people against accidents.

12 PFEER supports these general requirements in two ways. They specify particular goals for preventive and protective measures to manage fire and explosion hazards, and to secure effective emergency response; and they recognise that, on offshore installations, these measures are best made the responsibility of one person – a primary dutyholder – the operator or owner (referred to from now on as ‘dutyholder’).

13 Compliance with PFEER will therefore help dutyholders to meet their duties as employers under general health and safety legislation. This does not mean that individual employers who may be involved in activities on offshore installations are absolved from meeting their duties under the HSW Act and MHSWR. Those employers will have to co-operate with the primary dutyholder (see Appendix 2).

Safety Case Regulations 14 SCR 2015 came into force on 19 July 2015. These Regulations apply to oil and gas operations in external waters (the territorial sea adjacent to Great Britain and designated areas within the continental shelf (UKCS)), and replace SCR 2005 in these waters, subject to certain transitional arrangements. Activities in internal waters (eg estuaries) will continue to be covered by SCR 2005.

15 SCR 2005 and SCR 2015 require a safety case to be submitted for acceptance by HSE or the competent authority, as appropriate, for each installation.

16 Regulation 12(1)(a) of SCR 2005 and regulation 16(1)(a) of SCR 2015 require a demonstration in the safety case of the adequacy of the management system for controlling risks to people on the installation or engaged in connected activities, and of arrangements for independent audit of the management system, as appropriate. The organisation and arrangements provided to meet the requirements of PFEER form part of the management system for the purposes of SCR 2005 and SCR 2015 (whichever is applicable).

17 Regulation 12(1)(c) and (d) of SCR 2005 and regulation 16(1)(c) and (d) of SCR 2015 require a demonstration in the safety case that major accident hazards have been identified, their risks evaluated and that suitable measures have been, or will be, taken to control those risks to ensure the relevant statutory provisions are complied with. Regulation 2(1) of SCR 2005 and SCR 2015 defines the relevant statutory provisions for the relevant regulations, and for SCR 2015 those are relevant statutory provisions that relate to offshore oil and gas operations. Regulation 5 of PFEER specifies requirements for a fire and explosion, and evacuation, escape and rescue assessment. The results of this assessment will contribute to the demonstration required by SCR 2005 and SCR 2015 (whichever is applicable).

18 In addition, PFEER specifies goals for preventive and protective measures for managing fire and explosion hazards, and emergency response. Complying with PFEER, and taking account of the practical guidance contained in this book, will facilitate HSE’s or the competent authority’s acceptance of the safety case. The Regulations are in general expressed as broad goals rather than specific requirements, allowing dutyholders the flexibility to develop detailed arrangements in the light of hazards, plant configuration and other circumstances specific to the installation.

19 By virtue of regulation 12(2) of SCR 2005, and regulation 16(2) of SCR 2015, safety cases are assessed on the basis of what it was reasonable to expect the dutyholder to address at the time of the submission. The bringing into force of the 2015 amendments to PFEER did not, in itself, prompt resubmission of any safety case. However, if anything arising from compliance with PFEER results in a revision to the safety case which makes it materially different, it will need to be resubmitted in line with the SCR 2015 transitional arrangements (see Schedule 14 of SCR 2015).

Safety Representatives and Safety Committees Regulations 1989 20 Another important interface is with OSRSCR. These Regulations, as amended by SCR 2005 and SCR 2015, specify ways in which safety representatives and committees are to be involved with the safety case (see The Offshore Installations (Offshore Safety Directive)(Safety Case etc) Regulations 2015. Guidance on Regulations3 and A guide to the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989.4 Safety representatives should be consulted on the measures to be taken to comply with PFEER, particularly the arrangements made under regulation 6 and in preparing the emergency response plan required by regulation 8.

The Regulations

Regulation 1 Citation and commencement Regulation 1 These Regulations may be cited as the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 and shall come into force on 20th June 1995.

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

“the [2013] Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order [2013];

“the 1974 Regulations” means the Offshore Installations (Construction and Survey) Regulations 1974;

Guidance 2 21 The Offshore Installations (Construction and Survey) Regulations have been revoked.

Regulation 2 “the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995;

Guidance 2 22 The abbreviation MAR is generally used for the Offshore Installations and Pipeline Works (Management and Administration) Regulations 19956 in the text of this publication.

Regulation 2 [“the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005];

[“the 2015 Regulations” means the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015];

“acoustic signal” means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;

[“competent authority” means the Executive and the Secretary of State acting jointly];

[“duty holder” means –

(a) in relation to a production installation, the operator; and (b) in relation to a non-production installation, the owner;]”;

Guidance 2 23 The dutyholder structure for PFEER is the same as that in SCR 2005 or SCR 2015 (the operator, in the case of a production installation, and the owner, in the case of a non-production installation).

Regulation 2 "emergency" means an emergency of a kind which can require evacuation, escape or rescue;

Guidance 2 24 An emergency includes any unexpected event of whatever nature with the potential to cause harm and to require the evacuation, escape and rescue of one or more persons from the installation.

Regulation 2 "emergency response" means action to safeguard the health and safety of persons on or near an installation in an emergency;

Guidance 2 25 Emergency response covers action in response to potential major accidents; and also to some lesser incidents, for example persons overboard, sickness or injuries to personnel which necessitate urgent evacuation from the installation for medical treatment or recuperation.

Regulation 2 “evacuation” means the leaving of an installation and its vicinity, in an emergency, in a systematic manner and without directly entering the sea;

Guidance 2 26 Evacuation refers to the planned and controlled method of leaving the installation without directly entering the sea. Successful evacuation will result in people being transferred to a place of safety (ie a safe onshore location or a safe offshore location or vessel). The means of evacuation should offer protection from the hazard, and should have its own motive power to enable people to move quickly away from the installation.

Regulation 2 “the Executive” means the Health and Safety Executive;

“explosion” means unplanned explosion;

[“external emergency response plan” means the Search and Rescue Framework for the United Kingdom of Great Britain and Northern Ireland as published by the Secretary of State, as revised or re-issued from time to time];

[“external waters” means the territorial sea adjacent to Great Britain and any area designated by order under section 1(7) of the Continental Shelf Act 1964];

“fire” means unplanned or uncontrolled fire;

“illuminated sign” means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;

“installation” means an offshore installation within the meaning of regulation 3 of the 1995 Regulations;

[“internal waters” means tidal waters and parts of the sea in or adjacent to Great Britain up to the landward limits of the territorial sea];

[“licensee” –

(a) in relation to internal waters, means any person to whom a licence to search and bore for and get petroleum in respect of any area within internal waters is granted pursuant to section 2 of the Petroleum (Production) Act 1934 or section 3 of the Petroleum Act 1998; and (b) in relation to external waters, means an offshore licensee as defined in regulation 2(1) of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015];

Guidance 2 27 Detailed guidance on the definition of ‘installation’ is set out in A guide to the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995. Guidance on Regulations7 (see regulation 3).

Regulation 2 [“major accident” –

(a) in relation to internal waters, has the meaning given in regulation 2(1) of the 2005 Regulations; and (b) in relation to external waters, has the meaning given in regulation 2(1)