The Offshore Installations (Safety Case) Regulations 1992

Duty to conform with safety case

10.—(1) Where—

(a) an operator or owner has prepared a safety case pursuant to these Regulations (except regulation 4(1)) or made a revision thereof pursuant to regulation 9,

(b) the safety case or revision describes any health or safety procedures or arrangements to be followed, and

(c) the Executive has accepted the safety case under the regulation concerned or in the case of a revision subject to regulation 9(2) or (4) has accepted it under that regulation;

he shall ensure that those procedures and arrangements are followed.

(2) In criminal proceedings for a contravention of paragraph (1) it shall be a defence for the accused to prove that—

(a) in the particular circumstances of the case it was not in the best interests of the health and safety of persons to follow the procedures or arrangements concerned and there was insufficient time to revise the safety case pursuant to regulation 9, or

(b) the commission of the offence was due to a contravention by another person of regulation 14 and the accused had taken all reasonable precautions and exercised all due diligence to ensure that the procedures or arrangements were followed.