Safety, Health and Welfare (Offshore Installations) Act , 1987

(d) In this subsection “the section” means section 72 of the Factories Act, 1955, as amended by sections 42 (2) and 56 (d) of the Act of 1980.

42 Power of inspector to require remedy for immediate or apprehended danger, etc.

42.—(1) If an inspector is of opinion that an offshore installation to which this Act applies or any part thereof or any matter, thing or practice on or in such an offshore installation or connected with the control or management of such an offshore installation is or is likely shortly to become dangerous to the safety or health of the persons employed on, in or in the neighbourhood of the installation or any of them, he may serve on the installation manager concerned a notice stating that he is of that opinion and giving particulars of the reason why he is of that opinion, and imposing upon such installation manager such prohibition, restriction or other requirement as appears to the inspector to be necessary for the purpose of safeguarding the safety or health of the persons employed on or in the installation or any of them.

(2) Where an inspector is of opinion that anything on or in an offshore installation to which this Act applies constitutes a danger or a risk of danger, he may by a notice in writing require the owner of the installation to take such reasonable measures as he considers adequate to deal with the matter and specifies in the notice, and in case a requirement is made under this subsection the owner of the installation shall include in the statement prepared in pursuance of section 26 of this Act particulars of the measures specified in the relevant notice under this subsection.

(3) A prohibition notice or a notice under subsection (1), (2) or (6) of this section shall be signed by an inspector.

(4) A person who is aggrieved by an imposition or requirement imposed on him under this section may, within the period of sevendays beginning on the day on which the relevant notice is received by him, appeal to the High Court against the matter imposed.

(5) Where an appeal is brought under this section, the following provisions shall apply:

(a) pending the determination of the appeal, the bringing thereof shall not operate to affect in any way the imposition or requirement to which the appeal relates,

(b) in determining the appeal, the High Court may—

(i) confirm such imposition or requirement, with or without modification, or

(ii) lift or cancel, as may be appropriate, such imposition or requirement.

(6) An inspector may by a notice served on the installation manager or the owner of the relevant offshore installation, amend, or suspend, for such period as shall be specified in the notice, or lift or cancel, as may be appropriate, an imposition or requirement imposed under this section.

(7) (a) Where an imposition or requirement is imposed under this section and activities are carried on in contravention of the imposition or requirement, the High Court may on the application of an inspector by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under this subsection shall be by motion and the court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

(c) The order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the High Court considers appropriate.

(8) Where —

(a) the High Court in determining an appeal under this section lifts, cancels or varies a requirement or imposition to which the appeal relates, or

(b) an inspector suspends, amends, lifts or cancels an imposition or requirement imposed under this section,

the determination, suspension, amendment, lifting or cancellation shall not affect the validity of the requirement or imposition in, but only in, so far as it required anything to be done or prohibited anything's being done prior to the date of the determination, or, as may be appropriate, date of the suspension, amendment, lifting or cancellation.

43 Certain publications privileged.

43.—(1) The publication, in whole or in part, of a report of an inspector relating to an offshore installation and made pursuant to this Act to a person who as regards the installation is a member of the safety committee, the safety representative, safety delegate, deputy safety representative or deputy safety delegate shall for the purposes of the law of defamation enjoy qualified privilege.

(2) Where—

(a) a notice is served under section 42 of this Act, or,

(b) (i) there is known to the Minister, by virtue of the performance of his functions under this Act or otherwise, any fact or matter regarding an offshore installation which is or has at any time been an offshore installation to which this Act applies or any matter, thing or practice on or in such an offshore installation or connected with the control or management of any such offshore installation, or

(ii) by virtue of such performance or otherwise the Minister knows, or believes to be the case, any other fact or matter, and

(iii) in either case, the fact or matter is in the opinion of the Minister relevant to the safety, health or welfare of persons employed on, in or in the neighbourhood of such an offshore installation,

the Minister may in his absolute discretion publish the service or other fact or matter to a person who as regards the relevant offshore installation is for the time being a safety representative, safety delegate or a member of a safety committee, and in case such service, fact or matter is so published by the Minister, the publication shall for the purposes of the law of defamation enjoy qualified privilege.

44 Forgery of certificates, etc.

44.—If any person—

(a) with intent to deceive forges, counterfeits or uses any certificate required by, under or for the purposes of this Act or regulations made thereunder or has in his possession a document so closely resembling any such certificate as to be calculated to deceive,

(b) gives or signs any such certificate knowing it to be false in a material particular,

(c) knowingly utters or makes use of any such certificate so forged, counterfeited or false as aforesaid,

(d) knowingly utters or makes use of as applying to any person or offshore installation any such certificate which does not so apply,

(e) personates any person named in any such certificate,

(f) falsely pretends to be an inspector,

(g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending,

(h) wilfully makes a false entry in any installation logbook or in any register, notice, certificate or other document required by, or for the purposes of, this Act, regulations made thereunder, or a condition subject to which an exemption is allowed pursuant to a regulation made under section 5 (2) (d) of this Act, to be made, kept, served, given or sent,

(i) wilfully makes or signs an entry or declaration which is false and which is required to be made by or under this Act,

(j) knowingly makes use of any such false entry or declaration,

he shall, without prejudice to any other offence, be guilty of an offence under this section.

45 Removal or defacement of notice, etc.

45.—If, without reasonable excuse, a person removes, injures or defaces a notice or any other thing which is for the time being posted at an offshore installation in compliance with a provision of this Act or of regulations under this Act, he shall be guilty of an offence.

46 Prohibition of certain deductions from wages.

46.—A person shall not, in respect of anything to be done or provided by him in pursuance of this Act or regulations thereunder, make any deduction from wages or any sum contracted to be paid by him to any person who is employed by him on, in or in the neighbourhood of an offshore installation to which this Act applies and for whom or in relation to whom the thing is so done or provided, or allow any person so employed to receive from any person for or in relation to whom the thing is so done or provided any payment in respect of the thing.

47 Application of Safety in Industry Acts, 1955 and 1980, restricted.

47.—Except as provided in sections 27 (5) and 31 (2) of this Act, the Safety in Industry Acts, 1955 and 1980, shall not apply to any offshore installation to which this Act applies nor shall they apply to any activity, operation, process or other work to which either this Act applies or regulations made under this Act apply.

48 Provisions relating to section 3 and amendment of Act of 1968.

48.—(1) It is hereby declared that, notwithstanding that section 3 of the Act of 1968 may affect individuals or bodies corporate outside the State, it applies to any individual whether or not he is an Irish citizen and to any body corporate whether or not incorporated under the law of the State.

(2) It shall not be held in any legal proceedings that section 3 of the Act of 1968 or subsection (1) of this section does not apply in a particular case by reason only of the fact that an offshore installation is or was in transit.

(3) Section 1 of the Act of 1968 is hereby amended by the insertion of the following definition after the definition of “designated area”:

“' installation' includes any floating structure or device maintained on a station by whatever means;”,

and the said section 1, as so amended, is set out in the Table to this section.

TABLE

1.—In this Act—

“designated area” means an area standing designated for the time being by order under section 2 of this Act;

“installation” includes any floating structure or device maintained on a station by whatever means;

“the Minister” means the Minister for Industry and Commerce.

SCHEDULE Matters for or in relation to which regulations under section 22 may provide.

(b) The circumstances in which or the occasions on which any prescribed activity, operation, process or other work may not, or may only, be carried out on, in or from any offshore installation.

(c) The prohibition from so carrying out any prescribed activity, operation, process or other work unless, as may be prescribed, either or both of the following requirements are complied with—

(i) a person engaged in the activity, operation, process or other work has previously undergone prescribed instruction, training or instruction and training,

(ii) prescribed facilities, equipment, clothing and materials are available for use as regards the activity, operation, process or other work.

(d) The safety or suitability of any place where any prescribed activity, operation, process or other work is carried out.

(b) Measures requiring persons, before being employed in any prescribed activity, operation or process or prescribed description of manual labour, to undergo a prescribed medical examination.

(c) Measures requiring persons, for so long as they are employed in any prescribed activity, operation or process or prescribed description of manual labour, to undergo prescribed medical examinations at prescribed intervals.

(d) Measures requiring persons, being persons certified, by prescribed persons and in a prescribed manner, as being reasonably suspected by the person issuing the certificate of suffering from a disease which for the time being stands prescribed for the purposes of section 29 of this Act, as a condition of being allowed to continue in employment on, in or in the neighbourhood of an offshore installation, to undergo a medical examination as regards such disease.

(b) The use of fire detection equipment and of emergency equipment (including that for fire suppression or rescue).

(c) Requirements as to the construction, installation, maintenance, use, testing, repair, adjustment, alteration and examination of fire detection equipment and of fire suppression or other emergency equipment.

(b) Prescribed occurrences.

(c) First aid.

(d) Medical treatment and medical stores.

(b) Requirements as to supplies of fresh water.

(a) facilities provided by existing maritime and aeronautical rescue units, and

(b) existing shore-based search and rescue facilities.