Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations (Amendment)

Administered by Department of Resources, Energy and Tourism

Legislation au F1996B02776 Regulations Not in force Legislative Instrument

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Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations (Amendment) 1995 No. 377

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 377

Issued by the authority of the Minister for Resources

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations (Amendment)

Subsection 157(1) of the Petroleum (Submerged Lands) Act 1967 provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The amending Regulation relates to the duration of working hours under the Petroleum (Submerged Lands) Act 1967 which apply to persons employed in the offshore petroleum industry.

The amendment replaces the previous Regulation 4A to ensure that the provisions apply in all waters subject to the Petroleum (Submerged Lands) Act 1967. The previous Regulation 4A only had effect in waters adjacent to States which do not have laws providing for matters relating to the occupational health and safety of persons employed in the offshore petroleum industry.

Both this and the previous Regulation 4A place an obligation on companies and individual persons conducting operations to ensure that persons engaged in offshore operations do not work for excessive periods which might reasonably be expected to adversely affect their own health or safety or that of any other person.

The Department of Primary Industries and Energy's has published guidelines setting out the safe working periods (see attached).

The regulations commenced on gazettal.

PETROLEUM (SUBMERGED LANDS) (OCCUPATIONAL HEALTH AND SAFETY) REGULATIONS

GUIDANCE NOTES ON REGULATION 4A ON DURATION OF WORKING HOURS

Personnel cannot be expected to work responsibly, reliably and therefore safely when they have been deprived of rest for excessive periods. This applies to all personnel working offshore.

Those responsible for offshore petroleum operations should set limits on the hours to be worked without a break for rest. Persons should not normally work more than 12 hours in any one day. Any period of work of more than 12 hours should be followed by a break of at least 8 hours.

The nature of the work being undertaken should be a significant factor in determining the appropriate mix between working hours and rest hours. For example, work which is particularly physically or mentally fatiguing requires a break after a shorter period than less demanding work. The nature of the work requirements for the next normal shift after a rest break should be taken into account in the assessing the appropriate length of that rest break.

If work is being undertaken where errors could lead to a significant safety threat, shorter working hours relative to less critical work should be considered. Consideration of the duration of any rest breaks which a person may have received during the working period, as well as the number of consecutive shifts where working hours exceed 12 hours, could also be taken into account in determining when an 8 hour or longer break is required.

Contractual arrangements should specify that relief personnel are to be provided where it can be anticipated that a particular job is likely to extend beyond 16 hours. Only in very exceptional circumstances should persons be asked to work beyond 16 hours without a break for rest. Such occasions should be subject to the approval of the person in command, and recorded by that person on the basis that health and safety requirements are not compromised.

So that personnel working offshore are not susceptible to excessive fatigue upon return to their base upon completion of their last rostered night shift and the risk of journey accidents is minimised, all such personnel should not be required to work additional hours and should be removed from the platform on the first available flight after completion of their shift.

All titleholders are reminded of their obligations under relevant State/NT occupational health and safety legislation or under clause 11 of Schedule 7 of the Petroleum (Submerged Lands) Act 1967 which requires them, amongst other things, to secure the safety, health and welfare of persons engaged in petroleum exploration or production operations. In these respects, it is the responsibility of the titleholder to ensure that operators, persons in command of a platform, subcontractors and all employees are aware of their obligations towards maintaining a safe working environment, and in particular the need to avoid excessive working hours. They should also be aware of their obligations under Regulation 4A of the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations applying through the Petroleum (Submerged Lands) Act 1967 and assist relevant persons in complying with this regulation.

Note: These guidance notes are not to be interpreted as replacing award conditions of employment

 

Overview

The Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations (Amendment) 1995 No. 377 was enacted to address the issue of ensuring safe working hours for personnel in the offshore petroleum industry. This amendment was made under the authority of the Minister for Resources, in accordance with subsection 157(1) of the Petroleum (Submerged Lands) Act 1967, which allows for the creation of regulations necessary for the effective implementation of the Act. The primary objective of this amendment was to ensure that the provisions governing working hours applied uniformly across all waters subject to the Petroleum (Submerged Lands) Act 1967, thereby replacing the previous Regulation 4A that only applied to waters adjacent to States without specific occupational health and safety laws for the offshore petroleum industry. The amendment emphasises the importance of preventing excessive working hours that could compromise the health and safety of personnel, thereby promoting a safer working environment in offshore operations.

Scope and Application

The Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations (Amendment) 1995 No. 377 applies to individuals and entities engaged in the offshore petroleum industry within waters governed by the Petroleum (Submerged Lands) Act 1967. This encompasses all waters subject to the Act, including those adjacent to states that do not have specific occupational health and safety laws for offshore operations. The amendment to Regulation 4A is designed to ensure uniform application of working hour regulations across all relevant waters, thereby enhancing the safety and health standards for personnel working offshore. Companies and individuals conducting offshore operations must ensure that their employees adhere to the stipulated working hours to prevent excessive fatigue and maintain safety. The amendment places an obligation on these entities to set and enforce limits on working hours, ensuring that personnel do not work more than 12 hours in any one day without an adequate break, and that any work exceeding 12 hours is followed by a break of at least 8 hours. These regulations are intended to complement existing state/territory occupational health and safety laws and the specific provisions under the Petroleum (Submerged Lands) Act 1967.

Key Provisions

The main operative sections of the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations (Amendment) 1995 No. 377 involve amendments to Regulation 4A. This regulation sets out the permissible duration of working hours for individuals employed in the offshore petroleum industry. Section 4A now applies universally to all waters under the Petroleum (Submerged Lands) Act 1967, rather than being limited to waters adjacent to states without occupational health and safety laws. This regulation mandates that employers and operators must ensure that offshore workers do not work excessive hours that could compromise their health or safety or that of others. It is designed to prevent fatigue and maintain a safe working environment. The obligations imposed by these Regulations are primarily on titleholders and operators within the offshore petroleum industry. They are required to ensure that all personnel, including subcontractors and employees, understand and comply with the working hour limits and rest periods specified in Regulation 4A. This includes setting limits on working hours, providing adequate rest breaks, and avoiding extended work periods without rest. Titleholders must also ensure that all personnel are aware of their obligations under both the federal Regulations and relevant state or territory occupational health and safety laws. The Regulations emphasize the need to tailor working hours and breaks according to the nature of the work and the potential safety risks involved. Failure to comply with these Regulations can lead to various civil and criminal consequences. The primary civil consequence is the potential for enforcement actions by regulatory authorities, which may include fines or other penalties. Under the Petroleum (Submerged Lands) Act 1967, non-compliance with occupational health and safety regulations can also result in legal action from affected employees who suffer harm due to inadequate rest periods. Criminal penalties may apply in cases where gross negligence or willful disregard of the Regulations leads to serious harm or fatalities. The maximum penalties for breaches can include substantial fines for companies and potential imprisonment for individuals responsible for ensuring compliance. It is crucial for operators and titleholders to adhere strictly to these Regulations to avoid such severe consequences.

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Occupational Health and Safety Law
Environmental Law
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Regulation
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