The Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989

Constituencies

5.—(1) The installation manager shall establish and thereafter, in consultation with any safety committee established in accordance with regulation 19 below, maintain for the purposes of these Regulations a system of constituencies, which shall be established by reference to one or more of the following factors–

(a) the areas of the offshore installation,

(b) the activities undertaken on or from the installation,

(c) the employers of members of the workforce, and

(d) other objective criteria which appear to the installation manager to be appropriate to the circumstances of the installation.

(2) The system of constituencies shall be such that–

(a) there shall be at least two constituencies;

(b) every member of the workforce can be assigned to a constituency; and

(c) the number of persons who may at any time be assigned to a constituency shall not exceed forty and shall be no fewer than three.

(3) In determining the number of persons to be assigned to a constituency the installation manager shall have regard, in particular, to the nature of the work undertaken by the members of the constituency and the hazards related thereto.

(4) The installation manager shall signify the establishment or modification of a constituency by ensuring the posting in appropriate languages at suitable places on the installation so that they can easily be read by all the members of the workforce of–

(a) particulars of the establishment or modification of the constituency; and

(b) subject to paragraph (7) below, notice that the installation manager will consider any representations with regard to such particulars as may be made to him within the prescribed period commencing with the date of their posting in accordance with paragraph (5) below.

(5) Subject to paragraph (7) below, representations may be made by any member of the workforce and, if the constituency is intended to be comprised exclusively of persons employed by the same employer, that employer.

(6) If any representations are made to him in accordance with paragraph (4)(b) above, the installation manager shall forthwith consider them, and if he considers that they necessitate amendment of the particulars referred to in paragraph (4)(a) above he shall ensure that amended particulars in appropriate languages are posted at suitable places as prescribed in paragraph (4) above.

(7) Where an installation manager proposes to establish a constituency and there is in existence on the installation a safety committee established under regulation 19 below, paragraphs (4)(b), (5) and (6) above shall not apply but the installation manager shall consult the safety committee and if the constituency is intended to be comprised exclusively of persons employed by the same employer, that employer.