4. In regulation 2 (interpretation) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989(1) (“the 1989 Regulations”)—
(a)after the definition of “the 1974 Act” there shall be inserted the following definition—
““the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995;”;
(b)after the definition of “appropriate languages” there shall be inserted the following definition—
““duty holder” in relation to an offshore installation means the person who is the duty holder within the meaning of regulation 2(1) of the 1995 Regulations for the purpose of those Regulations;”;
(c)for the definition of “installation manager” there shall be substituted the following definition—
““installation manager” has the meaning given by regulation 2(1) of the 1995 Regulations;”; and
(d)after the definition of “the prescribed period” there shall be inserted the following definition—
““relevant statutory provisions” has the same meaning as in Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978;”.
5. For regulation 3 (application) of the 1989 Regulations there shall be substituted the following regulation—
3. These Regulations shall apply to an offshore installation at a working station in controlled waters which normally has persons on board.”.
6. In regulations 11, 17, 20, 22, 24, 25 and 28 of the 1989 Regulations, for the words “installation owner” wherever they occur, there shall be substituted the words “duty holder”.
7. In regulation 19 of the 1989 Regulations, for the words “owner of” there shall be substituted the words “duty holder in relation to”.
8. In regulation 22 (safety committee -functions) of the 1989 Regulations, in paragraph (1)(c), for the word “employers” there shall be substituted the words “duty holder”.
9. For regulation 23 (duties of installation owners and installation managers) of the 1989 Regulations there shall be substituted the following regulation—
23.—(1) The provisions of this regulation shall apply to every offshore installation served by a safety committee.
(2) It shall be the duty of the duty holder—
(a)to facilitate the exercise by the committee of its functions and by the safety representatives of their functions and powers in respect of the installation under these Regulations, and for that purpose to make available the necessary accommodation, facilities for communication and office equipment supplies;
(b)to consult safety representatives with a view to the making and maintenance of arrangements which will enable them and the workforce to co-operate effectively in promoting and developing measures to ensure the health and safety of persons working on or from the installation, and in checking the effectiveness of such arrangements; and
(c)without prejudice to sub-paragraph (b), to consult safety representatives in good time with regard to—
(i)the preparation of a safety case relating to the installation under the Offshore Installations (Safety Case) Regulations (Northern Ireland) 1993;
(ii)the introduction to the installation of any measure which may substantially affect the health and safety of the workforce; and
(iii)the health and safety consequences for the workforce of the introduction (including the planning thereof) to the installation of new technologies.
(3) It shall be the duty of the duty holder and any employer of members of a workforce to consult safety representatives in good time with regard to—
(a)any health and safety information he is required to provide to members of a workforce by or under the relevant statutory provisions; and
(b)the planning and organisation of any health and safety training he is to provide to members of a workforce by or under the relevant statutory provisions.
(4) It shall be the duty of every employer of members of a workforce to consult safety representatives in good time with regard to his arrangements for appointing persons in accordance with regulation 6(1) of the Management of Health and Safety at Work Regulations (Northern Ireland) 1992.”.
10. For regulation 27 (training) of the 1989 Regulations there shall be substituted the following regulation—
27. It shall be the duty of the duty holder to ensure that—
(a)a safety representataive for the offshore installation is provided with such training in aspects of the functions of a safety representative as are reasonable in all the circumstances; and
(b)any costs associated with such training, including travel and subsistence costs, are not borne by the safety representative.”.
S.I. 1989/971: amended by S.R. 1993 No. 221