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Notice Concerning Certain Aspects Of The Organisation Of Working Time On Offshore Structures

Original Language Title: Bekendtgørelse om visse aspekter i forbindelse med tilrettelæggelsen af arbejdstiden på offshoreanlæg

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Table of Contents

Completion of certain aspects relating to the organisation of working time on offshore installations 1)

In accordance with section 51 (4), 4, section 55 (5). Paragraph 1, and section 72, paragraph 1. 1, in Law No 1. 1424 by 21. In December 2005, on the safety and conditions for off-shore for investigation, production and transport of hydrocarbons (offshore safety law) as amended by law no. 287 by 15. In April 2009, provision shall be made pursuant to section 61 (1). 3 :

Scope and so on

§ 1. The decision shall apply to the employment of offshore work on offshore installations as defined in the section 2 of the offshore security law.

Paragraph 2. The notice relates to the employment of the employee of the individual company which has concluded the contract of service with the employee, cf. Section 4 (4). 2, regardless of who is the employer for whom.

Paragraph 3. The subject of paragraph 1 shall apply. 1, as a minimum, shall be ensured by the rights resulting from this notice.

§ 2. The section 51 of the Offshore Security Act. 1 and 2 on the maximum average weekly working time and daily rest period, and section 5 and 7 of this notice shall not apply to employees of management functions or other staff who have the power to make independent decisions ; where the length of the working time as a whole as a result of the specific features of the work carried out are not measured or fixed in advance or when the workers themselves may fix it.

Definitions

§ 3. For the purposes of the notice :

1) Employator : The company that has an instruction prerogatives for employees who perform work on off-shore, cf. the offshore security section 4 (4) of the public. 5.

2) Working Time : The time period during which the employee is available to the employer.

3) Whispelperiod : The amount of time that is not working time.

4) 24 hours a day A period of 24 consecutive hours in ashore.

5) Offshore period : The period during which the employee is situated on an offshore site and the journey times between the offshore and the country of the off-shore.

6) Period : A period of not less than 7 hours, including the time space between time ; 00.00 and at 9 a.m. 05:00. Unless otherwise agreed, the night period will be from 9 a.m. 10:00 p.m. until 10:00. 05.00.

7) Night worker : An employee who

a) normally performs at least three hours of his daily working time during the night period ; or

b) performing work during the period for at least 300 hours in the 12-month period.

8) Shift work : Any form of organisation of team work, which consists of the replacement of the workers at the same jobs after a specific timetable, including in shifts, and which may be continuous or discontinuity, requiring the staff to be employed ; work at different times over a given period of days or weeks.

9) Shift worker : Set to take part in shift work.

10) Offshore Work : Work carried out in the main or off-premises as referred to in section 1 and which directly or indirectly related to the investigation or production, including the abstraction of the abstraction of hydrocarbons from the subsoil below the seabed.

Duties

§ 4. The undertaking that has entered into a contract with an employee shall ensure the rights of the employee following this notice.

Paragraph 2. Where the employer is different from that of the undertaking referred to in paragraph 1. 1, shall in the organization of the work on the offshore installation ensure that the company should be ensured in accordance with paragraph 1. 1 may fulfil its obligations under this notice.

24 hours of period, rest period and offshore

§ 5. The number of free days between the off-shore must be determined in the light of the section 51 (5) of the offshore security law. 1 on average weekly working time of not more than 48 hours, including : over-work, calculated over a reference period of 12 months.

Paragraph 2. If an employed between offshore periods is also working in the country, the calculation shall be that set out in accordance with paragraph 1. 1 shall take account of the working time in country so that the total average weekly working time in the off-shore period and in the country does not exceed 48 hours over a 4 month reference period. Annual-paid vacation periods and medical leave shall not be included in the calculation.

Paragraph 3. After an off-shore, a staff member shall, as far as possible in the immediate extension of the off-trade period, have at least 3 consecutive days off for each fortnight, the staff of which have been carried out on the offshore work.

Paragraph 4. In order to ensure that employees receive a daily rest period of at least 11 consecutive hours during each period of 24 hours, cf. ' 51, paragraph 51 of the off-shore security Act. 2, the possible working time of the country in the immediate association of an off-shore period shall be considered for the period of 24 hours.

§ 6. The duration of an off-shore shall be no more than 28 consecutive hours.

Breaks

§ 7. An employee with a daily working hours of more than six hours shall have the right of breaks of such an extent that the purpose of the pausals is taken into account.

Paragraph 2. Detailed rules for the fixing of breaks, including duration and criteria for the allocation of breaks, may be set in collective agreements or agreements between the employer and the employee organisation.

Paragraph 3. Where there are no provisions on breaks in agreements or agreements, the pauses shall be placed in accordance with the normal guidelines for the organisation of the working time of the offshore plant.

The duration of the night work

§ 8. Night workers whose work is particularly risky or involving a significant physical or psychological load must on average, calculated for a reference period of 14 days, not work more than eight hours during a period of 24 hours, in which they are : performing night work, cf. however, section 14 (4). 2.

Paragraph 2. Work covered by paragraph 1. 1 is defined in the risk assessment in accordance with the notice on the management of public safety and health on offshore installations, etc.

Work medical examinations and night workers transfer to day work

§ 9. The applicant shall be offered medical examinations before starting work with night work and then in less than three years within a regular period of time.

Paragraph 2. The medical examination must be organised and carried out in order to prevent and combat occupational suffering as a result of night work.

Paragraph 3. The investigation must be carried out by medical clinics or departments, including medical facilities, or by other similar experts.

Paragraph 4. Any expenses related to the work medical examination provided for in paragraph 1. 1 shall be borne by the employer. The employer shall ensure that the study can take place without the loss of income for the staff and as much as possible during working hours.

§ 10. The one subject to work medical examinations, cf. Section 9 (1). 3, submit the results to the Energy Management Board and inform the employee of the findings of the results. The results shall be notified to the staff in writing on request. The results must not be left to the employer.

Paragraph 2. The Energy Management Board shall inform the establishment where the results of the study of the study give rise to new measures, including ongoing health studies for employees or measures related to the work of the work ; planning and organisation.

Paragraph 3. The results of the test results for an employee and records located for this purpose shall be kept for at least 40 years after the night work of the employee's night work is discharged. The storage and possible disclosure of the material shall, by the way, be followed by the Director of the Employment Guidelines, following the work environment legislation, which may be reduced to a shorter retention period.

Paragraph 4. The staff may request to be made aware of the data stored in paragraph 1. 3.

§ 11. Night workers suffering from health problems, which are demonstrably due to the fact that they carry out work during periods of night, must, when possible, be transferred to daily work, which is appropriate for them.

Information on regular employment of night workers

§ 12. Employers who regularly employ night workers shall inform the Agency for the Agency on this subject, cf. the section 62 (2) of the off-shore security Act. 1.

Risk management

§ 13. In the risk assessment after notification of the management of safety and health on offshore installations, etc., an assessment of the specific safety and health risks of night work shall be assessed as laid down in accordance with a special rate of rhythm ; the reduction of the daily rest period, cf. § 16, bring in. The necessary measures must be taken to reduce these risks as much as it is reasonably practicable.

Paragraph 2. The measures referred to in paragraph 1 1 shall take into account the general principle of adapting work to the general principle of adapting the work to man, in particular with a view to mitigating the effects of monotonous work and work carried out in a firm ; rhythm and everything according to the nature of the work to the requirements concerning safety and health, in particular as regards the breaks of working time.

Fraviations

§ 14. The daily rest period, cf. ' 51, paragraph 51 of the off-shore security Act. 2, may be reduced to 8 consecutive hours

1) in the area of shift work, when employees change teams and not between the end of the work and the start of the other team have the opportunity to take the daily rest period,

2) for activities marked by several shorter working periods during the course of the day ; or

3) in the case of activities characterised by the need to ensure continuous benefits or continued production.

Paragraph 2. Article 8 (2) of the BekendtDecision. 1 may be derogated from the corresponding compensatory rest periods in question, or in exceptional cases, appropriate protection, as provided for in the relevant night workers. § 17.

§ 15. In the case of natural circumstances, accidents or imminent danger of accident, mechanical failure or similar unforeseen events, disrupted or disrupted the regular operation of the offshores Act, Section 51 (2). 2, and section 5-8 of the notice shall be departed from the extent necessary until regular operation has been restored.

Paragraph 2. For employees who carry out treatment and care for persons, the section 51 (5) of the off-shore security Act may be available. 2, and section 6 and 7 of the notice shall be waived to the extent that it is necessary.

Paragraph 3. Fraviations in accordance with paragraph 1. 1 or 2 shall be recorded in a manner that is available for the DEA.

Paragraph 4. The representatives of the workers in established cooperation for the safety and health of the off-shore installation, cf. the section 46 of the off-shore security Act must have access to the records referred to in paragraph 1. 3 to the extent that the information is relevant to the safety and health conditions of the information.

Agreements on rest period derogations

§ 16. The person ' s employer and employee organisation may agree that the daily rest period of 11 hours, cf. ' 51, paragraph 51 of the off-shore security Act. 2, for a limited extent, reduced to 8 hours, cf. However, section 13.

Paragraph 2. It may be agreed between employers who are subject to an agreement in accordance with paragraph 1. 1 and employed persons not covered by a contract pursuant to paragraph 1. 1 that the daily rest period of 11 hours, cf. ' 51, paragraph 51 of the off-shore security Act. 2, to the same extent and under the same conditions as agreed upon in accordance with paragraph 1. 1 may be reduced to 8 hours, cf. However, section 13.

Paragraph 3. This is a prerequisite for concluding an agreement with an employee after paragraph 1. 2 that it is necessary for the staff to follow the same working time as the staff covered by the Agreement in accordance with paragraph 1. 1.

Paragraph 4. Agreements in accordance with paragraph 1. 1 and 2 shall be written in writing.

Compensating rest period, etc.

§ 17. In the case of derogation from section 14 to 16, the staff shall be provided corresponding compensatory rest periods.

Paragraph 2. Where, in exceptional cases, for objective reasons, compensatory rest periods may not be possible in accordance with paragraph 1. 1, appropriate protection shall be provided for the appropriate personnel concerned.

Pensation

§ 18. Whereas the Agency may, where special circumstances exist, have dispensers from this notice, when deemed to be reasonable and suitably sound, as well as to the extent to which it is compatible with Directive 2003 /88/EC of the European Parliament and of the Council of 4. November 2003 on certain aspects relating to the organisation of working time.

Punishment

§ 19. Unless higher penalties are imposed on the off-shore security law or any other legislation, the penalty shall be penalised by the penalty which is in breach of section 4 6, section 7 (4). Paragraph 1, section 8, paragraph 8. Paragraph 1, paragraph 9, paragraph 9. 1, 3 and 4, section 10 (4). 1 and 3, sections 11-13, section 15, paragraph 1. 3 and 4, or § 17.

Paragraph 2. For the infringement of the provisions of paragraph 1. 1 may be charged with an employer ' s liability in the framework of the section 71 of the Offshore Security Act, even if the infringement cannot be attribucible to the employer as deliberate or negligent. It is a condition of the liability that the infringement may be attributed to one or more to the company connected to the company or the company as such. Such executor liability shall not be subject to the conversion penalty.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force

20. The announcement shall enter into force on 1. January, 2011.

The DEA, the 15th. December 2010

Ib Larsen

/ Dewi Dylander

Official notes

1) The announcement contains provisions which implement parts of Directive 2003 /88/EC of the European Parliament and of the Council of 4. November 2003 on certain aspects relating to the organisation of working time, EU Official Journal 2003 no. L-299, page 9.