A guide to the integrity, workplace environment and miscellaneous aspects of the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996 Guidance on Regulations

L85 (First edition, published 1996).

You can buy the book at www.hsebooks.co.uk.

ISBN 978 0 7176 1164 5 Price £8.50

This document provides guidance on the aspects of the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996 which deal with the workplace environment offshore, the integrity of offshore installations and other miscellaneous matters.

It is intended to help those affected by the Regulations and to give a comprehensive understanding of what the Regulations require.

HSE Books Page 1 of 35

© Crown copyright 1996

First published 1996 Reprinted 2005 (with amendments) Reprinted 2012

ISBN 978 0 7176 1164 5

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the copyright owner.

Applications for reproduction should be made in writing to: The Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: licensing@opsi.gov.uk

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory 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 as illustrating good practice.

Cover photograph courtesy of BP Exploration

Contents Editorial Note 4

Introduction 4

Part I: Interpretation and general 7

Regulation 1 Citation and commencement 7 Regulation 2 Interpretation 7 Regulation 3 Application 9

Part II: Integrity of installations 10

Regulation 4 General duty 10 Regulation 5 Design of an installation 13 Regulation 6 Work to an installation 14 Regulation 7 Operation of an installation 14 Regulation 8 Maintenance of integrity 15 Regulation 9 Reporting of danger to an installation 15 Regulation 10 Decommissioning and dismantlement 16

Part III: Further requirements relating to installations 17

Regulation 11 Helicopter landing area 17 Regulation 12 Additional requirements 17

Part V: Miscellaneous 18

Regulation 22 Defence 18 Regulation 23 Certificates of exemption 19 Regulation 24 Transitional provision 19 Regulation 25 Repeal of section 3 of the Mineral workings (Offshore Installations) Act 1971 19 Regulation 26 Modification of the Offshore Installations (Safety Case) Regulations 1992 19 Regulation 27 Revocation 19

Schedule 1 Additional requirements 20 Schedule 3 Revocation 29

Appendix 1 Health and Safety Executive Offshore Safety Division Offices 30 Appendix 2 References 31 Appendix 3 Other useful published guidance, regulations, reports etc 33

Further information 34

Editorial Note This guide to Parts I, II, III and V (primarily covering integrity and workplace provisions) of the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996 (SI 1996/913) (DCR)1 is intended to help those affected by the Regulations to understand what the Regulations require.

Detailed guidance on other matters covered in the Regulations may be found in A guide to the well aspects of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996.2

Introduction 1 This document provides guidance on those parts of the Offshore Installations and Wells (Design and Construction, etc) Regulations (SI 1996/913) (DCR) dealing with:

(a) interpretation and general matters; (b) the integrity of offshore installations; (c) the workplace environment offshore; and (d) miscellaneous aspects, including defence, certificates of exemption and transitional provisions.

For convenience, the text of the Regulations is included in italics, with the appropriate guidance immediately below. Where the Regulations are self- explanatory, no comment is offered. Several references to other regulations, guidance material etc are made in the document. These have been numbered the first time they appear in the document and are listed in Appendix 2.

2 This publication has been prepared following widespread consultation with representatives of the Confederation of British Industry and industry associations representing offshore operators and contractors, the Trades Union Congress and offshore unions, other interested organisations, and government departments.

3 The objectives of the Design and Construction Regulations (DCR) are as follows:

(a) to revoke the Offshore Installations (Construction and Survey) Regulations 1974 (SI 1974/289);3 (b) to implement relevant recommendations in Lord Cullen’s report on the Piper Alpha Disaster;4 (c) to implement relevant aspects of the Extractive Industries (Boreholes) Directive (EID) (92/91/EEC);5 and (d) to support and complement the Offshore Installations (Safety Case) Regulations 1992 (SCR) (SI 1992/2885).

Relationship between these Regulations and other health and safety law

4 These Regulations complement other health and safety regulations in a number of areas. Specific interfaces are described under each regulation. This section describes how the Regulations fit in with general health and safety legislation, and the interfaces with specific UK offshore regulations.

General health and safety legislation

5 The Health and Safety at Work etc Act 1974 (HSW Act)6 places general duties on employers to ensure, so far as is reasonably practicable, the health and safety of their employees, and others who may be affected by their undertaking (HSW Act, sections 2 and 3). These general duties are supported by the specific requirements in regulation 3 of the Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) (MHSWR)7 for employers to undertake risk assessments.

6 DCR support these general requirements in two key ways. First, they seek to ensure an offshore installation is designed, constructed, operated and decommissioned so that the level of integrity is as high as reasonably practicable and associated risks to people are as low as reasonably practicable. Second, in completing the implementation of the EID, a number of detailed provisions relating to the health and safety of the workplace environment of an offshore installation come into force. Compliance with these Regulations will therefore help duty holders to fulfil their duties as employers under general health and safety legislation.

Safety Case Regulations

7 SCR are the key focal point of the new regime of offshore health and safety legislation. DCR, the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (SI 1995/738) (MAR)8 and the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 (SI 1995/743) (PFEER)9 underpin SCR.

8 Key elements of SCR are the identification of all hazards with the potential to cause a major accident and the reduction of risks associated with the hazards to levels that are as low as reasonably practicable. There are also requirements to demonstrate that the installation, its plant and connected pipelines are designed so that risks from major accidents are as low as reasonably practicable. A demonstration of the adequacy of the safety management system for controlling risks to persons is also required.

9 Part II of DCR specifically deals with the integrity of an installation. The work carried out by a duty holder to comply with SCR, PFEER and DCR will involve consideration of some common hazards. For example, fire and explosion hazards are clearly considerations within SCR and PFEER, and since they have potential to affect the structure, they are also relevant to complying with DCR.

10 Both SCR and DCR require consideration of hazards at the design stages to help ensure that risks are reduced to as low as reasonably practicable. Consequently, considerations of hazards carried out at the design stage to comply with SCR will contribute to complying with DCR, and vice versa.

11 The organisation and arrangements provided to meet the requirements of DCR will form part of the safety management system for the purposes of SCR. While the Health and Safety Executive (HSE) does not require the submission in detail of evidence of compliance with DCR as part of the safety case, it is expected that the evidence would be available for inspection.

PFEER

12 PFEER focus on identifying and preventing fire and explosion hazards, protecting persons from the effects of any that do occur, and securing effective response to emergencies. Appropriate performance standards for preventive and protective measures are also required.

13 In meeting the requirements of PFEER, primarily regulations 9 and 12 (Prevention of fire and explosion, and Control of emergencies), the duty holder will contribute to meeting the overall duty in regulation 4 of DCR.

MAR

14 Regulation 8 of MAR requires every person to co-operate with the duty holder so far as is necessary to enable the duty holder to comply with the relevant statutory provisions. The duty of co-operation applies to the relevant requirements of DCR and other parties involved. Further guidance on the links between MAR and DCR are given in the guidance to regulation 6 of DCR.

Provision and Use of Work Equipment Regulations

15 The Provision and Use of Work Equipment Regulations 1998 (PUWER)10 are important in relation to the integrity requirements of DCR. PUWER seek to ensure the safe provision and use of work equipment. The equipment to which PUWER applies is wide, covering most offshore plant. Since the hazards associated with plant will, to some degree, affect an installation’s structure, and hence integrity, compliance with PUWER is expected to contribute significantly to meeting the requirements of DCR, particularly at the design stage. In seeking to meet the requirements of PUWER it is necessary to pay attention to the essential health and safety requirements of legislation implementing various Article 100 and 100A European Directives, eg The Supply of Machinery (Safety) Regulations 1994.11 The interactions of plant and structure with regard to layout and configuration are specifically addressed by regulation 5(1)(b) of DCR (which should also be considered together with paragraph (1) of Schedule 1).

Marine

16 There is a wide range of marine requirements and codes, particularly for mobile installations, which need to be considered alongside DCR. Compliance with the relevant marine provisions (eg International Maritime Organisation codes, ship classification requirements etc) may significantly contribute towards meeting duties under DCR.

Aviation

17 DCR and the requirements of aviation legislation, which govern helicopter safety in flight, complement each other. For example, helicopter safety covers the suitability of helicopter facilities on offshore installations and DCR address the design and construction of helidecks. The duty holder should therefore ensure that the design of the installation also meets the requirements of relevant aviation legislation. Further information on this subject may be obtained from the Civil Aviation Authority (CAA), and from CAA-published guidance such as CAP 43712 on offshore helicopter landing areas.

Pipelines

18 The Pipeline Safety Regulations 1996 (SI 1996/825) (PSR)13 lay down duties on pipeline operators relating to the design, construction, operation, maintenance and decommissioning of pipelines and any associated apparatus or works. PSR will apply to pipelines connected to offshore installations up to and including the emergency shutdown valve, or primary shut-off valve off the pig trap, where fitted. The definition of an offshore installation used for DCR excludes pipelines covered by PSR to avoid duplication. Where pipelines have safety implications for the integrity of an installation, the duties of co-operation imposed by MAR require that pipeline owners and others co-operate with the duty holder of the installation to enable compliance with DCR.

Part I: Interpretation and general

Regulation 1 Citation and commencement Regulation These Regulations may be cited as the Offshore Installations and Wells (Design and 1 Construction, etc.) Regulations 1996 and shall come into force on 30 June 1996.

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

“the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992(a);

“the 1995 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001(b);

“the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 2001(c);

“concession owner” in relation to a well, means the person who at any time has the right to exploit or explore mineral resources in any area or to store gas in any area and to recover gas so stored if, at that time, the well is, or is to be, used in the exercise of that right;

“duty holder” in relation to an installation, means the person who is the duty holder as defined by regulation 2(1) of the 1995 Regulations in relation to that installation;

“environmental conditions” means-

(a) meteorological and oceanological conditions; and (b) properties and configuration of the sea-bed and subsoil;

“the Executive” means the Health and Safety Executive;

“fixed installation” means an installation other than a mobile installation;

“installation” means an offshore installation within the meaning of regulation 3, except sub-paragraphs (a) and (b), and paragraph (ii) of sub-paragraph (c) of paragraph (3), of the 1995 Regulations.

(a) SI 1992/2885; amended by SI 1995/738. (b) SI 1992/263. 2 (c) SI 1995/738.

Guidance 19 The definition of an installation used in DCR does not include sub-paragraphs (3)(a), (3)(b) and (3)(c)(ii) of the definition given in MAR. This means that any well connected to the installation, and any pipeline or equipment connected to the pipeline within 500 metres of the main structure of the installation, is excluded from the definition. The reason for this is to avoid duplication with Part IV of DCR, ‘Wells’, which covers wells separately and explicitly, and PSR which covers pipelines and associated equipment up to and including the 500 metres adjacent to 2 the installation.

Regulation “integrity” means structural soundness and strength, stability and, in the case of a floating installation, buoyancy in so far as they are relevant to the health and safety 2 of persons;

Guidance 20 The concept of integrity provided by the definition applies to the structure of an installation and includes load-bearing parts. The term ‘soundness’ can be taken to cover such aspects as freedom from significant defects, while ‘stability’ includes the ability to prevent buckling, overturning and collapse. Additionally, in the case of floating installations, stability can also include the ability to prevent excessive inclination or capsize.

21 In the case of floating installations a loss of buoyancy could lead to sinking and/or a loss of floating stability. Buoyancy could also be relevant where buoyancy 2 forces are used to carry loads, eg for a tension leg platform.

Regulation “management system” means the organisation and arrangements established by a person for managing his undertaking;

“mobile installation” means an installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;

“safety case” means a document described in regulation 2(2) of the 1992 Regulations which is required to be prepared pursuant to a provision of those Regulations;

“traffic route” means a route for pedestrians, vehicles or both and includes any stairs, staircase, fixed ladder, doorway, gateway, loading bay or ramp;

“well” means -

(a) a well made by drilling; and (b) a borehole drilled with a view to the extraction of minerals through it or another well, and shall be deemed to include any device on it for containing the pressure in it;

“well intervention operation” means an operation in which a well is re-entered for a purpose other than to continue drilling or to maintain or repair it;

“well-operator”, in relation to a well, means the person appointed by the concession owner for a well to execute the function of organising and supervising all operations to be carried out by means of such well or, where no such person has been appointed, the concession owner;

“workover operation” means an operation in which a well is re-entered for the purpose of maintaining or repairing it; and

“workplace” means any workroom or other place on an installation used mainly for 2 the performance of work, and does not include a traffic route.

Guidance 22 ‘Workplace’ as defined here does not encompass the whole installation, only those areas in which work is commonly or ordinarily performed. Places only occupied rarely by workers to carry out maintenance on equipment located there would not be covered by this definition. An installation is likely to be made up of a 2 number of workplaces, each containing a number of individual workstations.

Regulation (2) Any reference in these Regulations to operating an installation is a reference to using it for any of the purposes described in regulation 3(1) of the 2 1995 Regulations.

Regulation (3) Where a duty holder in relation to an installation, or a well-operator, is succeeded by a new duty holder or well-operator, anything done in compliance with these Regulations by the former duty holder or operator in relation to the installation or the well shall, for the purpose of these Regulations, be treated as 2 having been done by his successor.

Guidance 23 Paragraph (3) allows credit to be taken by the current duty holder (or well- operator) for work done by a previous duty holder. The regulation is not intended to imply that current duty holders bear responsibility for previous duty holders’ failures 2 in meeting these Regulations.

Regulation (4) Unless the context otherwise requires -

(a) any reference in these Regulations (apart from Schedule 2) to -

(i) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and (ii) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; and

(b) any reference in Schedule 2 to a numbered regulation or Schedule is a reference to the regulation or Schedule in the 1992 Regulations so 2 numbered.

Regulation 3 Application Regulation (1) Subject to paragraphs (2) and (3), these Regulations shall apply -

(a) in Great Britain; and (b) to and in relation to installations, wells and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue 3 of articles 4(1) and (2)(b) and 5 of the 1995 Order.

Guidance 24 The above regulation applies to installations in transit to or from their working station because the main risks during transit are believed to be to the integrity of the installation. SCR apply to installations in transit, and DCR underpin SCR. ‘In transit’ means moving with