Notice of recording and notification of work-related injuries, etc. under offshoresikkerhedsloven 1)
Pursuant to § 3 (2), (3) and (5) sections 49 and 52, article 61, paragraph 3, and section 72, paragraph 1, of the lov nr. 1424 of 21. December 2005 on security, etc. for offshore structures for exploration, production and transportation of hydrocarbons (offshoresikkerhedslov), as amended by Act No. 107 of 7. February 2007, and section 32 a of the Act on administrative procedures, see. lovbekendtgørelse nr. 1365 by 7. December 2007, fixed:
§ 1. The notice shall apply for offshore structures as defined in section 2 of the offshoresikkerhedslovens.
(2). § 2, § 3, paragraph 1, no. 2 and 3, and paragraphs 2 and 3, section 4, paragraph 3, nr. 1 and 2, section 5, paragraph 1, no. 3 and 7 and §§ 9-11 also applies to pipelines covered by offshoresikkerhedslovens § 3, paragraph 2.
(3). The notice also applies to accommodation facilities on ships and facilities covered by the offshoresikkerhedslovens section 3, paragraph 3, and where people who work on an offshore facility, be accommodated, to the extent that it affects the health and safety of the persons accommodated.
(4). The notice also applies to the activities carried out by ships and facilities covered by the offshoresikkerhedslovens section 3 (5) (special craft), as well as on the equipment used, to the extent that the activities or equipment has an impact on safety and health conditions at the affiliated offshore structures.
§ 2. In the notice for the purposes of:
1) Accident: a sudden, unexpected and harmful event that happens during work or stay in any offshore installation, and resulting in death or personal injury.
2) work-related illness: an illness that occurred after prolonged exposure at work or stay in any offshore installation.
3) ' near miss ' event: an event that could have led to an accident or an injury to the offshore installation of safety or health significance.
4) Disabled: The casualty is unable to fully carry out his usual work.
5) occupational injuries: A common term for work-related ailments and injuries caused by accidents.
6) Security liable employer: the employer has a duty to take out accident insurance for workers ' compensation insurance law.
§ 3. The operating company responsible for the product shall record the particulars of each:
1) Accident and any deaths, incidentally, occurred on the offshore installation.
2) ' near miss ' event, including any spills of hydrocarbons.
3) Not negligible damage to the offshoreanlæggets construction or equipment of safety or health significance.
(2). Registration must be done electronically or on paper in a way that is accessible to the Danish Energy Agency.
(3). The registration must contain sufficient information to enable the operating company responsible for the product can apply these to face the recurrence of events in accordance with paragraph 1.
(4). Offshoreanlæggets security organization must have access to the information contained in the registration in so far as they have an impact on safety and health conditions.
§ 4. The security-liable employer should notify any accident resulting in:
1) deaths or,
2) that the injured is incapacitated for 1 day or more in addition to the injury of the day.
(2). The Security responsible for providing the employer shall, at the request of the Danish Energy Agency submit supplemental information about how long the injured was disabled.
(3). The operating company responsible for the product must review:
1) almost Any incident that could have led to death or accident with serious injury or danger to offshoreanlæggets integrity.
2) Any release of hydrocarbons,
(a)) that results in fire or explosion, or
(b)) has the potential to cause a major accident, see. the definition in the Ordinance on the management of health and safety on offshore structures, etc.
3) any incident where a person has been or is likely to have been exposed to ionizing radiation for more than the permitted extent according to the rules of the dose limits for ionizing radiation, which is provided by the health protection agency, see. Ordinance on medical supervision with work with ionizing radiation on offshore installations.
4) any event which might have led to the escape of a biological agent and which could cause severe infection or illness in humans.
5) Any significant damage to the offshoreanlæggets construction or equipment of safety or health significance.
(4). Notification under paragraphs 1 and 3 shall take place as soon as possible to the DEA and in 9 days after the onset of the basic regulation. However, section 5, paragraphs 1 and 4.
(5). The operating company responsible for the product must provide offshoreanlæggets security organization access to the notification. Any injured people must also have a copy of the notification.
§ 5. The operating company responsible for the product must immediately by telephone or in any other similar way notify the South-and South Jutland police, which then informs the Danish Energy Agency, about:
1) any accident under section 4 (1) (8). 1, resulting in deaths.
2) any accident under section 4 (1) (8). 2, resulting in serious personal injury.
3) Any event pursuant to section 4, paragraph 3, nr. 1, which could have led to death or serious risk to the integrity of the offshoreanlæggets.
4) Any spills of substances and materials pursuant to section 4, paragraph 3, nr. 1, which means that one or more persons iland brought for observation for poisoning.
5) Any spill of hydrocarbons under section 4, paragraph 3, nr. 2.
6) Any event pursuant to section 4, paragraph 3, nr. 3 or 4.
7) Any injury pursuant to section 4, paragraph 3, nr. 5, which means that the offshore installation or essential parts thereof are not functional.
(2). The operating company responsible for the product must, in the cases referred to in paragraph 1, the leave event rather untouched and blocked off, unless police decide otherwise, or the need to stave off an imminent or immediate danger necessitating the second.
(3). The operating company responsible for the product must, as soon as possible after the event is found, inform offshoreanlæggets security organization about the incident.
(4). The subsequent notification pursuant to section 4, paragraph 4, of the events referred to in paragraph 1 shall be accompanied by a statement of the operator company or other employers follow up on the incident, including a description of events and information about the measures as a result of the incident have been or will be taken in order to avoid repetition.
§ 6. Doctors, who through their profession finds or suspects that a person has sustained an injury or disorder or have been exposed to harmful influences in connection with work or stay on offshore structures, must report this to the Danish Energy Agency, including all diseases or deaths that can be attributed to occupational exposure to biological agents.
(2). The obligation incumbent on any doctor, review whether practicing or employed at the hospital, clinic or other institution. At hospitals and clinics, etc. is the responsibility of the notifier to the obligation, however, only the Chief Medical Officer of each Department.
(3). Notification should occur as soon as the doctor was aware of the injury, illness or impact and the putative link with work or stay in any offshore installation.
§ 7. Review obligation pursuant to section 6, paragraph 1, shall lapse when the doctor is satisfied that the person suffering the damage, impact, etc. have already been reported to the DEA.
§ 8. Review under section 6, paragraph 1, requires express consent.
§ 9. Notification pursuant to section 4, paragraph 4, and article 6, paragraph 1, must be done electronically or in paper form in a way that is accessible to the Danish Energy Agency according to its detailed instructions.
(2). The Danish Energy Agency can approve that notification occurs in electronic or paper-based form prepared by the reviewer.
§ 10. The operating company responsible for the product and other employers must provide information for the purpose of statistical calculations in connection with the liquidation of accidents or near accidents at the Danish Energy Agency upon request, including statement of number of spills of hydrocarbons, which are not covered by the review obligation pursuant to section 4, paragraph 3, nr. 2.
§ 11. Unless a higher penalty is inflicted for offshoresikkerhedsloven or other legislation, is punishable by a fine anyone who violates sections 3-5, article 6, paragraphs 1 and 3, § 8, § 9, paragraph 1, or article 10.
(2). For violation of the provisions of paragraph 1, within the framework of offshoresikkerhedslovens § 71 imposed on an employer responsibility, even though the infringement fines not attributable to the employer as the intentional or negligent. It is a condition of fine responsibility that the infringement attributable to one or more persons related to the company or the company as such. For such fine liability determined no alternative custodial penalty.
(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
§ 12. The notice shall enter into force on the 1. July 2008 and has the effect of injuries and other incidents occurring on the commencement date or later.
Ministry of climate and energy, the 25. June 2008 Connie Hedegaard/Ib L Official notes 1) Ordinance contains provisions that implement elements of Council Directive 89/391/EEC of 12. June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (Official Journal 1989 nr. L 183, page 1), as last amended by European Parliament and Council Directive 2007/30/EC of 20. June 2007, the official journal of the European Union 2007 (nr. L 165, page 21), parts of Council Directive 92/91/EEC of 3. November 1992 concerning the minimum requirements for improving the safety and health of workers in the mineral-extracting industries (eleventh individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (Official Journal 1992 nr. L 348, p. 9), as amended by European Parliament and Council Directive 2007/30/EC of 20. June 2007, the official journal of the European Union 2007 (nr. L 165, p. 21), and parts of the European Parliament and of the Council Directive 2000/54/EC of 18. September 2000 on the protection of workers from the risks related to exposure to biological agents at work (seventh individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (Official Journal of the European communities 2000 nr. L 262, p. 21).