Notice On Certain Regulations Issued Pursuant To The Law On Certain Off-Shore Installations And Law On Occupational Safety, Which, With Certain Modifications Shall Apply Pursuant To Offshoresikkerhedsloven

Original Language Title: Bekendtgørelse om visse bestemmelser udstedt i medfør af lov om visse havanlæg og lov om arbejdsmiljø, der med visse ændringer finder anvendelse i medfør af offshoresikkerhedsloven

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=124183

Overview (table of contents) Annex 1 The full text of the order on certain regulations issued pursuant to the law on certain off-shore installations and law on occupational safety, which, with certain modifications shall apply in accordance with offshoresikkerhedsloven1)

Pursuant to article 3, paragraphs 3 and 5, § 55, paragraph 1, article 72, paragraph 1, and section 74, paragraph 3, of law No. 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, fixed in accordance with the authorization given pursuant to section 61 (3):

§ 1. For offshore structures, as defined in section 2 of the offshoresikkerhedslovens, the following regulations issued by virtue of law No. 292 out of 10. June 1981 on certain offshore installation shall continue to apply:





1) § § 2-17 of Decree No. 88 of 8. February 2002 on the use of technical devices on offshore installations, as amended.

2) § § 2-8 and 10-37 of Decree No. 128 of 6. March 1996 on the fitting-out of work places, etc. on offshore installations.

3) § 2, paragraph 1, §§ 5-8, § 9 (1) and (2) and § 10 of Ordinance No. 127 of 6. March 1996 on activities etc. on offshore installations.

4) § § 2-35 of Decree No. 263 of 27. March 2006 on the protection against exposure to asbestos in the course of the work on offshore installations.

5) § § 1-46 of Decree No. 8 by 4. January 2005 about working with substances and materials (chemical agents) on the offshore installation, with the exception that Schedule 3.2 of annex 3 to the notice is replaced by the annex 1 to this notice.

6) § § 1-4 of Decree No. 7 by 4. January 2005 on special duties for manufacturers, suppliers and importers etc. of substances and materials to use for offshore installations, etc.

7) § § 1-12 of Decree No. 630 of 1. July 2003 concerning certain aspects of the organisation of working time on offshore installations.

8) § § 2-5 of Decree No. 1029 of 12. December 2001 on limit values for substances and materials used on offshore installations.

9) §§ 2-4 of Decree No. 907 of 25. September 2000 about the security group's occupational safety and health training on offshore installations.





(2). For offshore structures in accordance with paragraph 1, §§ 1 and 3-35 of Decree No. 908 of 27. September 2005 establishing measures for the prevention of the risk of cancer by working with substances and materials, as amended, shall apply.

(3). The Danish Energy Agency performs the tasks according to the provisions referred to in paragraph 2, shall be the responsibility of the Labour Inspectorate.

§ 2. For fixed offshore structures, as defined in section 2 of the offshoresikkerhedslovens, paragraphs 4 and 5, the following regulations issued by virtue of law No. 292 out of 10. June 1981 on certain offshore installation shall continue to apply:





1) section 2 of the Decree No. 1260 by 9. December 2004 on electric power plants and electrical equipment on fixed offshore installations.

2) § § 2-17 and section 19, paragraph 3, of Decree No. 408 of 12. May 1999 on health and safety work on fixed offshore installations with subsequent amendments.

3) § 1, § 2, paragraph 2, and § § 3-29 of Decree No. 51 of 1. February 1988 on living room etc. on fixed offshore installations.





(2). For fixed offshore structures in accordance with paragraph 1, the following, at any time, the applicable regulations issued pursuant to the law on work environment continue to apply:





1) article 1 of Decree No. 282 of 8. September 1961 on the prohibition of the use of Methyl chloride (klormethyl) in refrigeration plants and amending the Ordinance on the interior design and the use of refrigeration.

2) § § 1-3, 5-21, 30-32 and section 33 (1) and 3-7, in Decree No. 181 of 18. May 1965 on regulations for the loading and unloading of ships, since the provisions listed to apply on land instead applies to fixed offshore structures.

3) §§ 1, 9-15, 19-34, § 35, paragraphs 1-2, § § 36, 38-49 and 51-54 of bekendtgørelse nr. 589 of 22. June 2001 on interior design of building sites and similar places of work as amended.

4) § § 1-4 and 6 of the Executive Order No. 70 of 22. February 1980 on the Convention for safe containers.





(3). The Danish Energy Agency performs the tasks according to the provisions referred to in paragraph 2, shall be the responsibility of the Labour Inspectorate.

(4). The Danish maritime authority carries out the tasks in accordance with the provisions referred to in paragraph 2, no. 2, is the responsibility of the State Marine supervision.

(5). Offshoresikkerhedsrådet performs the tasks according to the provisions referred to in paragraph 2, no. 4, is the responsibility of occupational safety and Health Council.

§ 3. For mobile offshore units, as defined in section 2 of the offshoresikkerhedslovens (3), the following regulations issued by virtue of law No. 292 out of 10. June 1981 on certain offshore installation shall continue to apply:





1) § 1 (4) and sections 2-22 of Decree No. 1102 by 14. December 1992 about health and safety work on removable offshore installations with subsequent amendments.

2) § 1, § 2 (2) and (3) and §§ 3-35 of Decree No. 579 of 23. June 1992 on living room etc. on removable offshore installation.





§ 4. The following provisions shall also apply for 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 accommodated persons:





1) §§ 2-4, 6-8, 10-14 and 31-37 of Decree No. 128 of 6. March 1996 on the fitting-out of work places, etc. on offshore installations.

2) § 6, paragraphs 2 to 5, in Decree No. 127 of 6. March 1996 on activities etc. on offshore installations.

3) §§ 8-13 and 29-31 of Decree No. 263 of 27. March 2006 on the protection against exposure to asbestos in the course of the work on offshore installations.

4) § § 1-12 of Decree No. 630 of 1. July 2003 concerning certain aspects of the organisation of working time on offshore installations, as the accommodation in this regard be considered as a part of the offshore installation.





(2). For accommodation facilities on ships and facilities in accordance with paragraph 1, where the people who work on an offshore facility, for a long time are accommodated, considers § 1, § 2 (2) and (3) and §§ 3-35 of Decree No. 579 of 23. June 1992 on living room etc. on removable offshore installation application.

(3). The following provisions shall also apply for 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:





1) § § 2-17 of Decree No. 88 of 8. February 2002 on the use of technical devices on offshore installations, as amended.

2) § § 2-8, 10-13 and 15-37 of Decree No. 128 of 6. March 1996 on the fitting-out of work places, etc. on offshore installations.

3) § § 1-20 of Decree No. 8 by 4. January 2005 about working with substances and materials (chemical agents) on offshore installations, to the extent that the use of substances and materials poses a risk for persons on the associated offshore structures.

4) § § 1-4 of Decree No. 7 by 4. January 2005 on special duties for manufacturers, suppliers and importers etc. of substances and materials to use for offshore installations, etc.

5) § § 2-5 of Decree No. 1029 of 12. December 2001 on limit values for substances and materials used on offshore installations to the extent that the use of substances and materials poses a risk for persons on the associated offshore structures.





(4). The following provisions shall apply on pipelines covered by offshoresikkerhedslovens § 3, paragraph 2:





1) § § 2-17 of Decree No. 88 of 8. February 2002 on the use of technical devices on offshore installations, as amended.

2) § 2, paragraph 1, §§ 5-8, § 9 (1) and (2) and § 10 of Ordinance No. 127 of 6. March 1996 on activities etc. on offshore installations.

3) § § 1-12 of Decree No. 630 of 1. July 2003 concerning certain aspects of the organisation of working time on offshore installations.





§ 5. Guides, etc., issued pursuant to the provisions referred to in §§ 1-4, shall, taking into account the specificities of the covered offshore facility, continue to apply in whole or in part on the fact that those provisions govern.

A derogation

§ 6. The DEA may, where special circumstances exist, grant derogations from the provisions referred to in §§ 1-4, when it is deemed reasonable and defensible, as well as safety and health, in so far as it is compatible with the directives which implement those provisions.

(2). For derogations from the provisions of the Ordinance referred to in § 1, paragraph 2, also applies to the following:





1) of the substances and materials referred to in annex 5, may waiver be given only to those who mentioned purposes. The application for waiver shall include the information mentioned in annex 5.

2) Energy Agency may, however, in cases where the work takes place on fixed place of work, allow the use of cadmium-containing solders containing more than 0.1% cadmium, when it is established that the employees during use are not exposed to harmful influences.
Access to justice

§ 7. Decisions taken pursuant to the provisions referred to in §§ 1-4, or under section 6, an appeal may be lodged to the Energy complaints.

(2). The complaint must be submitted in writing to the complaints board before Energy 4 weeks from the time when the decision is announced.

Penalty

§ 8. Unless a higher penalty is inflicted for offshoresikkerhedsloven or other legislation, is punishable by a fine anyone who violates the provisions referred to in §§ 1-4, and which, in accordance with the procedure in sections 1-4 mentioned regulations are punishable.

(2). For violation referred to in 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. Offshoresikkerhedslovens § 71, paragraph 3, shall apply mutatis mutandis.

Entry into force, etc.

§ 9. The notice shall enter into force on the 1. April 2009.

(2). Executive Order No. 393 of 15. May 2008 on certain regulations issued pursuant to the law on certain off-shore installations and law on occupational safety, which, with certain modifications shall apply pursuant to offshoresikkerhedsloven, shall be repealed.
The Danish Energy Agency, 27 June 2002. March 2009 Ib L/Henrik Andersen Annex 1

Schedule 3.2

Personal protective equipment and clothing when working indoor outside the accommodation









Kodenr.





Lightweight shelters





Indoor spaces with the installed mechanical ventilation







Century before/after line Spreader, brush, roller, etc.





Spray putty knife, brush, roller, etc.





Squirt 00-no special full face mask with kombifilter 11) no special full face mask with kombifilter 11) 0-no special full face mask with kombifilter 11) no special





Full face mask with kombifilter 11) 1-no special 10) air-supplied half mask 5), 9) eye protection no special 10) Air fitted half mask 5), 9) eye protection







2-Gasfilter mesh 1), 2), 11) Air fitted half mask 5), 9) eye protection Gasfilter mesh 1), 2), 11) Air fitted half mask 5), 9) eye protection







3-air-supplied half mask 4), 9) eye protection air-supplied full face mask 5) air-supplied half mask 4), 9) eye protection air-supplied full face mask 5) 4-Air fitted half mask 4), 9) eye protection air-supplied full face mask 5) air-supplied half mask 4), 9), eye protection air-supplied full face mask 4) 5-air-supplied full face mask self-contained full face mask





Air-supplied full face mask self-contained full face mask









(Table 3.2 to be continued)

(Table 3.2 continued)









Kodenr.





Lightweight shelters





Indoor spaces with the installed mechanical ventilation







-1 Gloves 6), (7)), 8) full face mask with kombifilter, coveralls, gloves, hood Gloves 6), (7)), 8) full face mask with kombifilter, coveralls, gloves, hood-2 Gloves 6), (7)), 8) air-supplied half mask 3), 9) eye protection, coveralls, gloves, hood





Gloves 6), (7)), 8) air-supplied half mask 3), 9) eye protection, coveralls, gloves, hood







-3 Gloves 7), 8) self-contained full face mask, coveralls, gloves, hood





Gloves 7), 8) self-contained full face mask, overdraft suit, gloves, hood







-4 Gloves, face shield, hood, or helmet, protective clothing





Air-supplied full face mask, hood, protective clothing, gloves, Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves-5 Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves, Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves-6 Gloves, face shield, hood, or helmet, protective clothing





Air-supplied full face mask, hood, protective clothing, gloves, Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves (table 3.2 to be continued)

(Table 3.2 continued)









Kodenr.





Indoor spaces without installed mechanical ventilation





Inside the tanks and the like







Century before/after line Spreader, brush, roller, etc.





Spray putty knife, brush, roller, etc.





Squirt 00-no special full face mask with kombifilter 11) no special full face mask with kombifilter 11) 0-no special full face mask with kombifilter 11) Gasfilter mask 11) full face mask with kombifilter 11) 1-Gasfilter mesh 1), 2), 11) Air fitted half mask 5), 9) eye protection Gasfilter mask 11)





Air-supplied full face mask 5) 2-4) half mask, air-supplied 9) eye protection





Air-supplied half mask 5), 9) eye protection
Air-supplied half mask 4), 9) eye protection air-supplied full face mask 5) 3-air-supplied half mask 1), 4), 9) eye protection air-supplied breathing full face mask half mask 4), 9) eye protection air-supplied breathing half mask full face mask 4-3), eye protection air-supplied breathing half mask full face mask 9) eye protection air-supplied 5-full face mask self-contained full face mask





Air-supplied full face mask self-contained full face mask self-contained full face mask (table 3.2 to be continued)

(Table 3.2 continued)









Kodenr.





Indoor spaces without installed mechanical ventilation





Inside the tanks and the like







-1 Gloves 6), (7)), 8) full face mask with kombifilter, coveralls, gloves, hood





Gloves 6), (7)), 8) full face mask with kombifilter, coveralls, gloves, hood-2 Gloves 7), (8) half mask air-supplied) 3), 9), eye protectors, coveralls, gloves, hood Gloves 6), (7)), 8) air-supplied half mask 3), 9), eye protectors, overdraft suit, gloves, hood-3 Gloves 7), 8) self-contained full face mask, coveralls, caps, gloves Gloves 7), 8) self-contained full face mask, overdraft suit, hood, gloves







-4 Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves, Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves-5 Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves, Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves







-6 Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves, Gloves, face shield, hood, or helmet, full face mask, air-supplied hood protective clothing, protective clothing, gloves notes to schedules for personal protective equipment

1) work with filler of a duration of a maximum of 1 hour per day, URf.eks. spot fairing, can work without respirators.

2) By pletning and after repair of smaller surfaces, where the total consumption is not more than 1 litre of product per day, may be outside the niches and similar work without respirators.

3) By work of a duration of a maximum of 1 hour per day, URf.eks. pletning and after repair, used combination filter mask. However, it should be self-contained breathing apparatus when working with products containing low-boiling liquids.

4) By work of a duration of a maximum of 1 hour per day, URf.eks. pletning and after repair, gasfilter mask may be used. However, it should be self-contained breathing apparatus when working with products containing low-boiling liquids.

5) By work of a duration of a maximum of 1 hour per day, URf.eks. pletning and after repair, used combination filter mask. If the combo filter mask replaces full face mask, eye protection must also be used. However, it should be self-contained breathing apparatus when working with products containing low-boiling liquids.

6) If the hands are not fouled by product, can work without gloves.

7) By splash work must be used face shield and either CAP, helmet or cap with large shadow. Possibly directed eye protection lapse.

8) coveralls should be used where there is contamination, to the extent that ordinary work clothes do not protect against skin contact with the product.

9) If half mask and other required protective equipment not easily allow themselves to apply simultaneously, use air-supplied full face mask instead of half mask.

10) in niches and similar must be used the same personal protective equipment as indicated by» inside the tanks and the like '.

11) Air fitted half mask must be used, if working with products containing low-boiling liquids.
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, page 21), parts of Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (Official Journal 1989 nr. L 393, p. 13), as amended by Directive 95/63/EC (Official Journal 1995, nr. L 335, page 28), parts of Council Directive 92/85/EEC (Official Journal No. L 348, page 1), parts of Council Directive 83/477/EEC (Official Journal 1983 No. L 263, page 25), parts of Council Directive No. 83/478/EEC (Official Journal 1983 No. L 263, page 33), parts of Council Directive No. 85/610/EEC (Official Journal 1985, nr. L 375, page 1), parts of Council Directive 91/382/EEC (Official Journal of the European communities 1991 No. L 206, page 16), parts of Commission Directive 91/659/EEC (Official Journal of the European communities 1991 No. L 363, page 36), parts of Commission Directive 1999/77/EC (Official Journal of the European communities 1999 nr. L 207, page 18), parts of Council Directive 1999/38/EC (Official Journal of the European communities 1999 nr. L 138, page 66), parts of the European Parliament and of the Council Directive 2003/18/EC (Official Journal of the European Union 2003 nr. L 97, page 48), parts of Council Directive 98/24/EC of 7. April 1998 on the protection of workers ' safety and health at work of workers from the risks related to chemical agents (Official Journal 1998 No. L 131, page 11), parts of the European Parliament and of the Council Directive 2003/53/EC of 18. on 26 June 2003. Amendment of Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement) (Official Journal of the European Communities 2003 nr. L 178, p. 24), parts of Commission Directive No. 91/155/EEC of 5. March 1991 fixing, pursuant to article 10 of Council Directive 88/379/EEC of the detailed arrangements for the system of specific information relating to dangerous preparations (Official Journal of the European communities 1991 No. L 76, page 35), as amended by Commission Directive 93/112/EC of 10. December 1993 (Official Journal 1993 No. L 314, page 38), and Commission Directive 2001/58/EC of 27. July 2001 laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of article 14 of Directive 1999/45/EC of 31. May 1999 and relating to dangerous substances in implementation of article 27 of Directive 67/548/EEC (safety data sheets) (Official Journal of the European Communities 2001 nr. L 212, p. 24), certain provisions of the European Parliament and of the Council Directive 2003/53/EC of 18. on 26 June 2003. Amendment of Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement) (Official Journal of the European Communities 2003 nr. L 178, p. 24), parts of Council Directive 93/104/EC concerning certain aspects of the organisation of working time (Official Journal 1993 No. L 307, p. 18), as amended by European Parliament and Council Directive 2000/34/EC amending certain aspects of the organisation of working time to cover sectors and activities excluded from that directive (Official Journal 2000 No. L 195, page 41), parts of Commission Directive 2000/39/EC on the establishment of a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to exposure to chemical agents at work (Official Journal 2000 No. L 142, page 47), parts of Council Directive 90/394/EEC of 28. June 1990 on the protection of workers from the risks related to exposure to carcinogens (Sixth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (Official Journal 1990 No. L 196, page 1), parts of Council Directive 97/42/EC of 27. June 1997 on first amendment of Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens (Sixth individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (Official Journal of the European communities 1997 nr. L 179, page 4), parts of Council Directive 99/38/EC of 29. April 1999 amending for the second time directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens and extending it to mutagens (also the official journal of the European communities 1999 nr. L 138, page 66), parts of Council Directive No. 73/23/EEC on the approximation of the laws of the Member States relating to electrical equipment designed for afvendelse within certain voltage limits (Official Journal 1973, nr. L 77, p. 29) and parts of Council Directive No. 92/57/EEC of 24. June 1992 on the minimum safety and health requirements at temporary or mobile construction sites (Official Journal 1992 nr. L 245, p. 6).