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18 1987

SAFETY, HEALTH AND WELFARE (OFFSHORE INSTALLATIONS) ACT, 1987

PART I

Preliminary and General

Short title, commencement, construction and collective citations.

1. —(1) This Act may be cited as the Safety, Health and Welfare (Offshore Installations) Act, 1987.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

(3) The Safety in Industry Acts, 1955 to 1980, and section 47 of this Act shall be construed together as one Act and may be cited together as the Safety in Industry Acts, 1955 to 1987.

(4) The Act of 1968 and section 48 of this Act may be cited together as the Continental Shelf Acts, 1968 and 1987.

Interpretation.

2. —(1) In this Act—

the Act of 1968” means the Continental Shelf Act, 1968 ;

the Act of 1980” means the Safety in Industry Act, 1980 ;

concession owner” means the person having the right to explore for or exploit the minerals in connection with which an offshore installation is, or has been, or is to be used;

designated area” has the same meaning as in section 1 of the Act of 1968;

employed” means employed either under a contract of employment (including a contract of apprenticeship or a contract of service) or under a contract for services and kindred words shall be construed accordingly;

exploitation”—

(a) means exploitation from or by means of any floating, fixed or other installation which is maintained in the water, or on a part of the shore or on other land which at any state of ordinary or medium tides is covered by the sea, and which is not connected with land above the high water mark by a permanent structure providing access to the installation at all times and for all purposes, and

(b) includes the storage of gas in or under the shore or sea bed and the recovery of gas so stored;

exploration” means exploration with a view to exploitation;

functions” includes powers and duties;

an Industrial Medical Adviser (Offshore Installations)” has the meaning assigned to it by section 33 of this Act;

inspector” means a person authorised or appointed under section 31 , 33 or 40 of this Act by the Minister to be an inspector for the purposes of the Act;

installation” includes any floating structure or device maintained on a station by whatever means;

installation logbook” has the meaning assigned to it by section 16 of this Act;

installation manager” has the meaning assigned to it by section 11 of this Act;

minerals” means any substance (including petroleum) which is in waters to which this Act applies, which is on or under the sea bed of such waters or which is on or under the shore or other land which is adjacent to any such waters and which at any state of ordinary or medium tides is covered by the sea;

the Minister” means the Minister for Labour;

offshore installation” means any installation which is or has been maintained, or is intended to be established, for the exploration for or exploitation of minerals and includes any installation providing accommodation for persons who work on or from any such offshore installation so engaged in exploration or exploitation of minerals;

owner”, in relation to an offshore installation, means the person for the time being having the management of the installation, or of its main structure;

petroleum” has the same meaning as in section 2 (1) of the Petroleum and Other Minerals Development Act, 1960 ;

pipeline” includes any length or other part of a pipeline;

pipeline works” means works of any of the following kinds, namely:

(a) assembling or laying a pipeline,

(b) inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline,

(c) changing the position of, dismantling or removing a pipeline,

(d) opening the sea bed for the purposes of any works which are mentioned in the preceding paragraphs of this definition, tunneling or boring for any of the said purposes and any other works necessary for or incidental to any of the said purposes,

(e) works carried out for the purpose of determining whether a place is suitable or not for use as the site of a proposed pipeline, and the carrying out of surveying operations for the purpose of settling the route of a proposed pipeline;

prescribed” means prescribed by regulations made under this Act by the Minister and kindred words shall be construed accordingly;

safety delegate” and “deputy safety delegate” have the meanings respectively assigned to them by section 24 of this Act;

safety representative” and “deputy safety representative” have, subject to section 25 (4) of this Act, the meanings respectively assigned to them by section 23 of this Act;

safety committee” has, subject to section 25 (4) of this Act, the meaning assigned to it by section 24 of this Act;

the territorial seas of the State” means the portion of the sea which for the purposes of the Maritime Jurisdiction Act, 1959 , is the territorial seas of the State.

(2) References in this Act to an offshore installation to which this Act applies include references to—

(a) any part of an offshore installation capable of being manned by one or more persons, and

(b) any associated pipeline which, or any part of which, is in waters to which this Act applies.

(3) References in this Act to the manager of an offshore installation or to an installation manager are to be taken, except in so far as the context otherwise requires, as—

(a) references to the person for the time being in charge of the installation and appointed pursuant to the requirements of section 11 (1) of this Act, and

(b) in case for the time being the circumstances mentioned in paragraphs (a) or (b) of section 12 (1) of this Act arise in relation to the installation, as including the person who, as regards the installation, stands appointed under the said section 12 (1).

Application of Act.

3. —(1) This Act applies to any offshore installation which is in waters to which this Act applies.

(2) This Act applies to the following waters, namely, the waters inthe portion of the sea which comprises the territorial seas of the State, the waters in all the areas of the sea to which the internal or inland waters of the State are extended by section 5 of the Maritime Jurisdiction Act, 1959 , and the waters in any area which is for the time being a designated area within the meaning of section 1 of the Act of 1968.

(3) (a) The provisions of sections 23 , 24 and 25 of this Act shall apply only to offshore installations which are of a prescribed class or description or which for the time being are operating in prescribed circumstances, and without prejudice to the generality of the foregoing, for the purposes of this subsection a class or description may be prescribed by reference to any one or more of the following, namely:

(i) amounts of work involved, or likely to be involved, in relation to exploration or exploitation of a particular description,

(ii) numbers employed or expected to be employed on, in or in the neighbourhood of offshore installations either generally or during a particular period,

(iii) the period during which offshore installations are expected to be engaged in exploration or exploitation.

(b) Regulations under this subsection may provide that for so long as the number of persons, other than the installation manager, employed on an offshore installation to which regulations under this subsection would otherwise apply does not exceed a prescribed number, the provisions of the said sections 23 , 24 and 25 shall not apply to the installation.

Power of Minister to grant exemptions.

4. —Where the Minister is of opinion with respect to an offshore installation that, by reason of the amount of work involved, the numbers employed or expected to be employed on, in or in the neighbourhood of the installation, the shortness of the period during which the installation is expected to be engaged in exploration or exploitation or by reason of any other special circumstance, it would not be reasonable to require compliance with the provisions of this Act or any particular provision thereof, or with the provision of any regulation made under this Act, he may by an instrument in writing exempt the installation from such provisions or provision for such period, and subject to such conditions (if any), as may be specified in writing by him when giving the exemption.

Regulations generally.

5. —(1) The Minister may, after consultation with the Minister for Energy, make regulations for giving effect to this Act, provided that—

(a) in so far as such regulations relate to the health of persons they shall only be made after consultation also with the Minister for Health, and

(b) in so far as such regulations relate to hovercraft, helicopters or other aircraft, vessels, radio facilities or radio services, or to rescue facilities provided, or to be provided, as regards offshore installations, they shall be made only with the concurrence of the Minister for Communications, the Minister for the Marine and the Minister for Tourism and Transport, and

(c) in so far as such regulations relate to fire safety measures, they shall be made after consultation also with the Minister for the Environment.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this Act may—

(a) be made prescribing anything referred to in this Act as prescribed,

(b) make different provisions in respect of different classes or descriptions of offshore installations,

(c) make provisions in relation to offshore installations which shall apply in prescribed circumstances (for example provisions applying in relation to offshore installations which are in transit or provisions applying to offshore installations which are on station),

(d) grant, or provide for the granting of, exemptions (subject to or without conditions) from any of the provisions thereof,

(e) include provisions requiring the keeping of records,

(f) require the display and posting in a prescribed manner of copies of, or of prescribed abstracts of this Act or specified regulations under this Act,

(g) otherwise require prescribed provisions of this Act to be brought in a prescribed manner to the attention of persons employed on offshore installations to which this Act applies,

(h) make provision for any ancillary or supplementary matters for which the Minister thinks it proper to provide.

(3) Regulations under this Act may provide that persons of a prescribed class or description shall be responsible for ensuring that specified requirements of the regulations are complied with.

(4) (a) Regulations under this Act which are declared to be regulations to which this paragraph applies may—

(i) afford, in respect of any provision contained in the regulations, such defence, if any, as may be prescribed by the regulations,

(ii) impose a restriction on the penalty which may be imposed under section 39 (7) of this Act in relation to any contravention of the regulations,

(iii) provide that the only form of proceedings to be instituted in relation to any alleged contravention of the regulations shall be summary proceedings.

(b) Regulations under this Act, other than regulations under section 14 (4) of this Act, may declare that contravention of a condition specified in the regulations shall be an offence.

(5) Regulations under this Act may provide that any provision of this Act shall not apply to such part of an offshore installation, or shall apply thereto subject to specified modifications, as may be prescribed, and in case a regulation under this subsection is for the time being in force, any provision of this Act which is one to which the regulation relates shall be construed and have effect subject to and in accordance with the regulation.

(6) Nothing in regulations made under this Act shall prevent a person raising a defence which, apart from the regulations, would be open to him to raise in proceedings for an offence under this Act.

(7) (a) Before making regulations under this Act, other than under the provisions hereof specified in paragraph (b) of this subsection, the Minister shall publish in Iris Oifigiúil, and in such other manner as he may think best adapted for informing persons affected, notice of the proposal to make the regulations, and of the place where copies of a draft of the regulations may be obtained, and of the time (which shall not be less than twenty-one days) within which any representation made as regards the draft regulations by or on behalf of persons affected must be received by the Minister.

(b) The provisions of this Act referred to in paragraph (a) of this subsection are section 13 (5) (b) and paragraphs 7, 12and 13 of the Schedule to this Act.

(8) Where the Minister proposes to make regulations under this Act and it is proposed to declare the regulations to be regulations to which paragraph (a) of subsection (4) of this section applies, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(9) Nothing in this Act, apart from this section, shall be construed as prejudicing the generality of subsection (1) of this section.

(10) Every regulation made under this Act, other than a regulation which has been approved of by each House of the Oireachtas by resolution, shall be laid before each such House as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the last twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Information to Minister.

6. —(1) The owner of an offshore installation to which this Act applies shall supply the Minister with such returns, statistics and other information relating to the safety, health and welfare of persons employed on, in or in the neighbourhood of the installation as the Minister shall from time to time require.

(2) (a) Information supplied to the Minister pursuant to this section shall not, without the consent in writing of the person by whom it is supplied, be published or otherwise disclosed by the Minister or any officer or servant of the Minister except to a Minister of the Government, other than the Minister, or An Chomhairle Oiliúna, and a disclosure authorised by this subsection shall be made if, and only if, the Minister is satisfied that the disclosure is necessary for the proper discharge of the functions of the Minister of the Government to whom it is proposed to be made or of An Chomhairle Oiliúna, as may be appropriate.

(b) Where a disclosure authorised by this subsection is duly made, its publication shall for the purposes of the law of defamation enjoy qualified privilege.

(3) Nothing in this section shall prevent the disclosure of information—

(a) for the purposes of any proceedings for an offence under this Act or any report of any such proceedings, or

(b) in the form of a summary of similar returns, statistics or other information supplied to the Minister pursuant to this section, provided the summary is framed so as not to enable information so supplied by or particulars relating to a particular person or relating to a particular offshore installation to be ascertained from the summary.

Service of notices, etc.

7. —(1) Where a notice or other document is required by this Act or any regulations made under this Act to be served on, given or sent to a person, it shall be addressed to him and may be served on, given or sent to him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him,

(b) by leaving it at the address at which he carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(d) where the address at which he carries on business or ordinarily resides cannot be ascertained by reasonable enquiry and the notice or copy is so required or authorised to be served or given in respect of any offshore installation, by delivering the notice or copy to some person over sixteen years of age resident or employed in or on the installation or by affixing it in a conspicuous position on the installation.

(2) Regulations under this Act may require owners of offshore installations who are of a class or description specified in the regulations to furnish to the Minister an address in the State for the service of any notice or document referred to in subsection (1) of this section.

(3) For the purposes of this section, a company within the meaning of the Companies Act, 1963 , shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or any other place at which it carries on business.

Expenses.

8. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.