The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015

Management and control of major accident hazards

16.—(1) A duty holder who prepares a safety case pursuant to these Regulations must, subject to paragraph (2), include in the safety case sufficient particulars to demonstrate that—

(a) the duty holder’s management system is adequate to ensure—

(i) that the relevant statutory provisions will, in respect of matters within the duty holder’s control, be complied with; and

(ii) that the management of arrangements with contractors and sub-contractors is satisfactory;

(b) the duty holder has established adequate arrangements for audit and for the making of reports of the audit;

(c) all hazards with the potential to cause a major accident have been identified;

(d) all major accident risks have been evaluated, their likelihood and consequences assessed, including any environmental, meteorological and seabed limitations on safe operations, and that suitable measures, including the selection and deployment of associated safety and environmental-critical elements have been, or will be, taken to control those risks to ensure that the relevant statutory provisions will be complied with; and

(e) in the case of a non-production installation, all the major hazards have been identified for all operations the installation is capable of performing.

(2) Paragraph (1) only requires the safety case to include the particulars referred to in that paragraph to the extent that it is reasonable to expect the duty holder to address them at the time of sending the safety case to the competent authority.

(3) In this regulation, “audit” means systematic assessment of the adequacy of the management system to achieve the purpose referred to in paragraph (1)(a) carried out by a person who is sufficiently independent of the system (but who may be employed by the duty holder) to ensure that such assessment is objective.

(4) The demonstration of the matters referred to in paragraph (1)(d) must include the estimate of oil spill response effectiveness contained in the oil pollution emergency plan in respect of the installation, prepared pursuant to regulation 4(3)(a) and (c) of and Schedule 2 to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998(1).

(1)

S.I. 1998/1056. Regulation 4(3) was amended by regulation 6(5) of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015 (S.I. 2015/386) and Schedule 2 was inserted by regulation 12(2) of those Regulations. Regulation 4(7) was amended by S.I. 2009/229, Schedule 2, Part 2, paragraph 11.