Health & Safety at Work Act applied to offshore renewables

The provisions of the Health & Safety at Work Act 1974 (HSWA) are applied to work activities beyond the UK’s 12-mile territorial sea limit by way of the Health & Safety at Work Act 1974 (Application Outside Great Britain) Order 2001 (the Order).
The Health & Safety Executive (HSE) has now identified two legislative gaps in the Order:

• Firstly, in relation to energy structures such as wind turbines beyond the territorial sea and
• Secondly, in relation to offshore installations beyond the territorial seas where, because of a change of use, the HSWA ceases to apply, despite the fact that work activities will continue to be carried out.

The necessary amendments to the original Order will be made by way of the Health & Safety at Work Act 1974 (Application Outside Great Britain) (Variation) Order 2009 (the 2009 Order). The changes will come into force on 5 August 2009. Companies involved with the construction, repair and operation of wind turbines and other renewable structures will need to ensure they do all they can to ensure compliance with existing duties under the HSWA and its associated regulations.

The 2009 Order covers not only energy structures such as wind farms, but it also “related structures”, defined with the aim of ensuring that all significant work activities related to energy structures are covered by the HSWA. Related structures will include those used to transmit energy produced by an energy structure back to shore (not vessels), and also accommodation for workers carrying our activities on an energy structure or related structure.

The 2009 Order also makes reference to energy structures within “renewable energy zones”, which are areas outside the territorial sea which may be exploited for the production of energy from water or wind, as designated by order under section 84(4) of the Energy Act 2004. Any energy structures within these renewable energy zones will now be covered by the HSWA.

Long term, the HSE has announced its plan to revoke the Order altogether, and replace it with a new Application Outside Great Britain Order that will ‘sweep up’ the amendments in the 2009 Order. It will be reviewed so as to address all emerging offshore energy developments. A full public consultation will take place before a new order is made.

To view the 2009 Order please click here