Act of Parliament | |
Long title | An Act to extend the application of Part I of the Health and Safety at Work etc. Act 1974; to increase the penalties for certain offences under that Part; to confer powers for preserving the security of supplies of petroleum and petroleum products; and for connected purposes. |
---|---|
Citation | 1992 c. 15 |
Introduced by | Michael Howard (Second Reading) (Commons) |
Territorial extent | United Kingdom and offshore |
Dates | |
Royal assent | 6 March 1992 |
Commencement | 6 March 1992 |
Other legislation | |
Amends | Minerals Workings (Offshore Installations) Act 1971 |
Relates to | Health and Safety at Work, etc Act 1974 |
Status: Amended |
The Offshore Safety Act 1992 (c. 15) is an Act of the Parliament of the United Kingdom which extends the application of the Health and Safety at Work etc. Act 1974 to secure the safety, health and welfare of people on offshore installations. It increases the penalties of certain offences under the 1974 Act and empowers the Secretary of State to secure supplies of petroleum and petroleum products.
The safety, health and welfare of offshore workers in the United Kingdom's sector of the North Sea had been secured since 1971 by the Mineral Workings (Offshore Installations) Act 1971 [1] and its subsidiary legislation. The Health and Safety at Work, etc. Act 1974 was administered on behalf of the Health and Safety Executive by the Petroleum Engineering Division of the Department of Energy. [2]
By the late 1970s it was recognised that there was a potential conflict of interest between the roles within the Department of Energy as they applied offshore. [2] The conflict arose because the Department of Energy was acting as both the offshore safety regulator and with the responsibility for developing the UK's energy resources. [2] Furthermore, there were differences in approaches to safety specified in the Minerals Workings (Offshore Installations) Act 1971 and the Health and Safety at Work, etc. Act 1974. [3] The regulations made under the 1971 Act were prescriptive and contained detailed guidance notes, which led to an approach to safety through the rigid application of the regulations. [2] This contrasted with the goal setting approach espoused in the Health and Safety at Work, etc. Act 1974. The conflict of interest was examined in the Burgoyne Report in 1980 which supported the existing offshore approach. [4]
Following the Piper Alpha disaster in 1988, the 106 recommendations of the Public Inquiry by Lord Cullen proposed fundamental changes to the regulation of offshore safety. These included the preparation and publication of Safety Cases, the strengthening of Safety Management Systems, independent assessment and survey, legislative changes and changing the regulatory body. [2] The Offshore Safety Act legally implemented many of the Inquiry recommendations.
The regulation of offshore safety was transferred in 1991 from the Petroleum Engineering Division of the Department of Energy to the Health and Safety Executive. [5]
The Offshore Safety Act 1992 (1992 c. 15) [6] received Royal Assent on 6 March 1992. Its long title is: ‘An Act to extend the application of Part I of the Health and Safety at Work etc. Act 1974; to increase the penalties for certain offences under that Part; to confer powers for preserving the security of supplies of petroleum and petroleum products; and for connected purposes.’
The Act comprises 7 Sections and 2 Schedules: [6]
The Offshore Safety Act 1992 is still current (2020) legislation.
A number of key offshore regulations support the aims of the 1992 Act, these were enacted as Statutory Instruments.
The 1992 Act and the subsidiary legislation were enforced by the Offshore Safety Division (now Offshore Energy) of the Health and Safety Executive. [5]
The prescriptive offshore certification regime had been introduced by the Offshore Installations (Construction and Survey) Regulations 1974. A Certifying Authority inspected the design, construction and operation of an installation against published guidance. [2] This regime continued after the passage of the 1992 Act. It was replaced in 1996 with a goal-setting verification scheme by the Offshore Installations and Wells (Design and Construction etc) Regulations 1996.
The Health and Safety (Offences) Act 2008 (c. 20) repealed Section 4 of the 1992 Act.
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