Ordinance On The Use Of Personal Protective Equipment On Offshore Structures

Original Language Title: Bekendtgørelse om anvendelse af personlige værnemidler på offshoreanlæg

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115683

Ordinance on the use of personal protective equipment on offshore structures 1)

Under section 55, paragraph 1, 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) be established under the authority under section 61 (3):

Scope, etc.

§ 1. The Ordinance shall apply to employees ' use of personal protective equipment on offshore structures, as defined in section 2 of the offshoresikkerhedslovens.

(2). Excluded from the scope of the Executive order is:





1) working clothes and uniforms not specifically designed to protect employees ' safety and health. However, section 7 applies in cases where due to the nature of the work is a pollution of the cladding, which means that it cannot be regarded as safety and health are fully justifiable that the employees even clean it.

2) equipment for emergency and rescue service.

3) personal protective equipment for use in connection with vehicles.

4) portable equipment for the detection and localization of dangerous and harmful factors.





§ 2. By personal protective equipment for the purposes of this Ordinance any equipment, including clothing, which are intended to be used by employees to protect against one or more risks which can threaten their safety and health at work, as well as any accessories that serve this purpose.

The operating company responsible for the product

§ 3. Work on offshore installation must be planned and organised in such a way that the safety and health risks are reduced as much as is reasonably practicable, in accordance with the General principles of prevention, which follows from the notice on the management of health and safety on offshore structures, etc., so that the use of personal protective equipment, to the extent possible, be avoided.

§ 4. The operating company responsible for the product must ensure that all information necessary for every single personal protective equipment can be used fully justifiable, without prejudice. sections 5 and 10 must be kept available at the offshore installation and is available for other employers, managers, supervisors and other employees.

§ 5. The operating company responsible for the product must ensure that the personal protective equipment used on offshore installation is in accordance with the Ordinance on safety requirements, etc. for personal protective equipment.

§ 6. The operating company responsible for the product must ensure that personal protective equipment be stored and maintained properly, so that they don't lose their protective effect.

§ 7. Where the use of personal protective equipment makes dressing needed to be the operating company responsible for the product make sure that the employees are given adequate opportunity for dressing and storage of gangtøj.

The employer

§ 8. If the work is not otherwise can be planned, organised and conducted, so that the safety and health risks are reduced as much as is reasonably practicable, the employer shall only leave the work perform if used personal protective equipment.

§ 9. The employer must ensure that the personal protective equipment will be used immediately at the beginning of the work in question and throughout its extent.

§ 10. The employer must ensure that the personal protective equipment at all times:





1) Provide the intended protection, so that the safety and health risks are reduced as much as is reasonably practicable, and does not cause undue discomfort.

2) do not affect any corrective devices for URf.eks. vision and hearing.

3) Fit to the user, if necessary after adjustment.

4) are suitable for use under the existing conditions at the workplace.

5) be selected taking into account the ergonomic conditions and the employees ' health.





(2). If it is due to multiple risks is required at the same time, to wear more protective equipment, these could be worn, without losing their effect in relation to each risk.

§ 11. The employer must provide the employees with personal protective equipment.

(2). The employer shall bear the costs related to the acquisition, maintenance and cleaning of personal protective equipment.

(3). The employer shall ensure that personal protective equipment is clean, dry and disinfected before being put into service.

(4). If the employees are covered by collective agreements, the parties can make agreements on the allocation of the cost of acquisition, maintenance and cleanliness of protective footwear.

(5). Similar agreements may be concluded between an employer and employees, when the employees not covered by collective agreements.

§ 12. The employer shall ensure that personal protective equipment is used in accordance with the instructions, and that this is clear and understandable to the employees.

(2). Personal protective equipment is intended for personal use and may only be used for the specified purposes.

§ 13. The employer shall ensure that employees are given instruction in the use of personal protective equipment, as well as information about the risks, the use of the personal protective equipment protects against.

(2). The employer shall ensure that employees are trained and, if necessary, be trained in the use of personal protective equipment.

§ 14. The employer shall, taking into account the current work situation to do so, specify the area in which personal protective equipment must be used, and the nature of these. The signs shall be of solid material and properly maintained.

§ 15. The employer must organise work taking into account the physical and psychological burden, disadvantage, etc., by the individual forms of work are associated with the use of personal protective equipment and personal protective products protection ability.

Arbejdslederen

§ 16. Arbejdslederen shall ensure and help ensure that personal protective equipment is present, where it is required, and that they will be used on a safety and health fully sound manner.

Employees

§ 17. The employees must use the supplied personal protective equipment as soon as the relevant work is done at the beginning and throughout its extent.

(2). The employees must contribute to the equipment works as intended, including communicate any deficiencies to a member of the security group, arbejdslederen or the employer.

Dispensation, punishment and the entry into force of

§ 18. The DEA may, where special circumstances exist, exempt from this Ordinance, when it is deemed reasonable and defensible, as well as safety and health, in so far as it is compatible with Council Directive 89/656/EEC of 30. November 1989 on the minimum health and safety requirements in connection with the use of personal protective equipment at the workplace (third individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC).

§ 19. Unless a higher penalty is inflicted for offshoresikkerhedsloven or other legislation, is punishable by a fine anyone who violates sections 3-10, section 11, paragraph 1-3, and sections 12-17.

(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.

§ 20. The notice shall enter into force on the 1. June 2008.
The Danish Energy Authority, the 15. May 2008 Ib L/Henrik Andersen Official notes 1) Ordinance contains provisions that implement elements of Council Directive No. 89/656/EEC of 30. November 1989 on the minimum health and safety requirements in connection with the use of personal protective equipment at the workplace (third individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (Official Journal 1989 L 393, p. 18).