Registration and notification of accidents etc. in connection with offshore oil and gas operations etc.

September 2016

Main regulations on registration and notification of accidents etc. in connection with offshore oil and gas operations etc.

This guideline concerns the regulations on registration and notification of accidents etc. in connection with offshore oil and gas operations etc. as well as procedures for notification.

The guideline addresses operators, owners and employers liable to take out insurance, as well as physicians, dentists and the South Jutland Police, all of whom have duties according to the regulations.

The guideline is also relevant for employees organisations, safety organisations at installations, and any other employees performing work or otherwise present at installations offshore.

The guideline includes:

1. Definitions
2. Scope
3. Registration
4. Notification of fatalities and accidents
5. Notification of near misses and damage to installations and evacuations
6. Notification by physicians and dentists of presumed or ascertained occupational diseases and other harmful influences.
7. Submission of supplementary information
8. Notification to the Accident Investigation Board Denmark

Annex 1. Examples of near misses.

1. Definitions

This section defines the most important terms used on the guideline. See also sections 4 and 5 in WEA guideline 65.1.1 on concepts in connection with offshore oil and gas operations.

1.1. Harmful influence

Any influence from an agent, e.g. a substance, material, noise or vibrations, which may cause illness.

1.2. Incapable of work

Being incapable of work means that the injured person is not able to fully resume ordinary work in connection with offshore oil and gas operations.

What is meant by a person’s ordinary work depends on a specific assessment, but it may be stated in a job description, for instance, or an employment contract or the person’s job title at the installation (e.g. ”roughnecks”).

Incapability to work results in the injured person either being sent ashore or being requested to perform other work at the installation. The latter is frequently referred to as “Restricted Work Case” (RWC) or “Restricted Work Day Case” (RWDC) in the offshore sector.

Time spent on examinations ashore with a view to treating the injury, after which the injured person can resume ordinary work, is not considered incapability to work.

Incapability to work is calculated from the time at which the injury is ascertained, which does not have to be in immediate continuation of the time of the accident. In some cases, an injury may therefore not be ascertained until some time after the incident causing it.

1.3. Employer liable to take out insurance

Any employer who engages employees to perform work is liable to take out insurance in accordance with the Workers' Compensation Act. Among other things, this means that, pursuant to the Act, the employer must take out industrial injuries insurance on behalf of its employees.

Please refer to Labour Market Insurance for further information.

2. Scope

This guideline applies to offshore oil and gas operations etc., i.e. all activities associated with an installation, connected infrastructure or pipelines, including design, planning, construction, installation offshore, as well as the operation, modification and decommissioning thereof, relating to exploration, production and pipeline transport of oil and gas as well as other substances and materials between an offshore installation and onshore installation, or between several offshore installations. However, design and planning does not usually take place offshore.

With respect to mobile installations, it makes no difference in which country the mobile installation is registered, or whether, for instance, it is operated or owned by a Danish operator or owner. As long as the installation is operating in Danish territorial waters or continental shelf areas with oil and gas operations, the work will be covered by these regulations.

The guideline also applies to operations undertaken in connection with an installation or connected infrastructure if the activities are subject to the Act on the Use of the Danish Subsoil and where these operations carry health or safety risks. This may include activities such as storage of CO2 or other substances from installations carrying out offshore oil and gas operations.

For production installations and fixed non-production installations and pipelines, the regulations cover activities related to the lifecycle of the entire installation or pipeline:

• Construction, if this takes place offshore.
• Transport of installations or installation components to the assembly site offshore. Only work related to the planned installation or the planned pipeline is covered by the regulations. Work related to lifting the installation, the pipeline or parts thereof from the transport vessels at the assembly site is considered part of assembly work.
• Assembly offshore
• Hookup and commissioning (HUC)
• Operation
• Modification of the physical conditions of the installations or pipelines
• Decommissioning

With respect to mobile installations, the regulations cover all activities offshore in connection with the operation and modification of the physical conditions at the installations.

The regulations do not apply to mobile installations when in port or in transit.

3. Registration

3.1. What information should be registered?

Operators and owners should register information about:

• Accidents and fatalities. All accidents and fatalities must be registered, including fatalities not caused by an accident.
• Near misses. All near misses, including any discharge of hydrocarbons, must be registered. A discharge of hydrocarbons means any release of hydrocarbons which is not intended for safety reasons (e.g. flaring).
• Discharge of biological agents. Any incident, which has or could have led to the discharge of a biological agent, which has caused, or is assessed to be likely to cause, disease in humans, following an assessment of the health and safety risks.
• Unintended discharge of substances and materials. Any unintended discharge of substances and materials which has caused, or is assessed to be likely to cause, fatalities or diseases in humans, following an assessment of health and safety risks under the Executive Order on Use of Substances and Materials on Offshore Oil and Gas Operations etc.
• Material damage. Any not insignificant damage of importance to health and safety to the construction or equipment of the installation must be registered. Not insignificant damage means any damage to the installation etc., or related equipment, or pipelines, unless the damage obviously has no impact on health and safety at the installation etc. or obviously has no impact on the physical integrity of a pipeline.
• Evacuation of staff. Any evacuation of staff.
• Vessels on a collision path. Any incident involving vessels on a collision path and cases of collisions between vessels and an installation. In both situations, it is likely that the operator and the owner, respectively, will take immediate emergency measures, either at the installation with a view to evacuating or protecting staff from a foreseeable collision, or by taking action towards the vessel (e.g. by contacting it and demanding that it changes course).

3.2 Registration

3.2.1 Registration by operators and owners

The operator and the owner, respectively, are responsible for registration. At production installations, registration is typically by the operator, whereas at non-production installations, it is by the owner. Incidents at non-production installations used for accommodation must be registered by the operator at the production installation at which the injured person performs work.

3.2.2. Employees’ contribution to registration

Since the registration of accidents has an impact on the reduction of safety risks, the employees should contribute to the registration, e.g. of near misses. For instance, the employees should immediately report incidents to the operator and the owner, respectively, through their supervisor or the offshore installation manager.

3.3. The purpose of the registration etc.

The purpose of the registration is for the enterprise and the safety organisation at the installation etc. to collect knowledge about where and why accidents, material damage, near misses, etc. occur. 
The safety organisation should have access to the information in the registration to the extent that this is relevant for health and safety, cf. section 3(4) of the Executive Order on Notification.

3.4. Use of the registration

The registration should be used by the operator and the owner, respectively, with the involvement of the safety organisation, in connection with investigation of the accident, material damage, near miss, etc. The investigation should attempt to determine the cause of the accident, damage to the installation, near miss, etc., and preventive measures should be proposed.

At installations etc. where no safety organisation has been established, the investigation should be carried out by the operator and the owner, respectively, in collaboration with possible other employers and the employees.

3.5. Method of registration

The registration should be made digitally or in hard copy in a manner which is available to the Danish WEA. 
There are no specific requirements on how and in which form the registration is to be made, as long as it is available to the Danish WEA as part of its supervision. For instance, the Danish WEA may be given access to screenshots of digital registrations or to the hard-copy documents containing the registered information. 
The registration must include sufficient information to enable the operator and the owner, respectively, to use the information to prevent reoccurence of accidents, near misses, etc. The Danish WEA expects the content and form of the registration to support the purpose of the registration. For instance, just providing a list of accidents, near misses and material damage is not sufficient.

4. Notification of fatalities and accidents

The employer liable to take out insurance has a duty to notify any fatality or accident to the Danish WEA.

In cases where notification must be made immediately to the South Jutland Police or the Danish WEA, the operator and the owner, respectively, have the duty of notification. The operator and the owner respectively, in collaboration with the employer liable to take out insurance, must submit the follow-up statement in accordance with section 8(6) of the Executive Order on Notification.

The safety organisation at the installation etc. should have access to the notification.

Furthermore, the injured person should receive a copy of the notification.

4.1. Outline of notifications of fatalities and accidents

The table below provides an outline of the incidents to be notified, when, and to whom. Unless otherwise specified, references to sections refer to provisions in the Executive Order on Registration and Notification of Accidents etc. in connection with Offshore Oil and Gas Operations etc. Notifications to the South Jutland Police and the Danish WEA are included in the table in the column “Notification”. Note that following immediate notification to the South Jutland Police by the operator or the owner, the South Jutland Police must notify the Danish WEA.

Notes to the table and in general:

In connection with accidents requiring notification to the police, the accident site must be left untouched and sealed off until the police decide otherwise, or unless it is necessary to do otherwise to prevent imminent or immediate danger.

The operator and the owner, respectively, must notify the South Jutland Police immediately of any accident or other incident which leads to the acute taking ashore of one or several persons. “Acute” means any case which requires that one or several persons are taken ashore right away/immediately/quickly.

The safety organisation at the installation must be notified as soon as possible after the accident occurred.

Accidents resulting in a person being incapable of work for one day or more in addition to the day on which the injury was ascertained, must be notified to the Danish WEA as soon as possible and within 10 working days of the accident.

Detailed statement: As soon as possible and within 10 working days of the incident, the notification to the police must be followed by a notification to the Danish WEA, in accordance with section 4(6). The notification should be accompanied by a written statement concerning the investigation of the accident or injury performed by the operator or owner, respectively, or by other employers, including clarification of the reasons behind the accident or injury. The statement should include a description of the incident and of the preventive measures taken to avoid reoccurrences. The safety organisation should be involved in the investigation, cf. Executive Order on Cooperation on Health and Safety in connection with Offshore Oil and Gas Operations etc. 
Notified accidents which have occurred during the injured person’s leisure time (“leisure time accidents”), are not included in the Danish WEA’s accident statistics. The Danish WEA only uses these notifications in its supervision of preventive work.

Note that special rules and deadlines apply to notification of accidents and occupational diseases to obtain compensation for an industrial injury in accordance with the Workers' Compensation Act. Pursuant to this Act, the employer must report the injury to its insurance company, or, if no insurance has been taken out, to Labour Market Insurance. However, anyone has the right to report an injury. 
Please refer to Labour Market Insurance for further information.

Damaged glasses where no personal injury is involved, and dental injuries caused by an accident

Damaged glasses and dental injuries caused by an accident, which have not rendered the person incapable of work in addition to the day on which the injury occurred, should not be notified to the Danish WEA. Such injuries should only be reported to the insurance company or Labour Market Insurance for the purpose of obtaining compensation.

4.2. Methods of notification

4.2.1. Notification to the South Jutland Police

By telephone or by notifying in person.

4.2.2. EASY

An employer liable to take out insurance, who has a Danish CVR number (business registration number), must notify accidents at installations etc. to the Danish WEA and to its insurance company using the EASY electronic notification system. The type of accident (work, leisure time) should be specified in the free-text field under “description of accident”. Further instructions on the use of EASY are available online at EASY. 
Important: Don’t forget to mark the notification as ”offshore” in EASY so that the offshore oil and gas department at the Danish WEA is able to recover the notification.

4.2.3. Notification form

The Danish WEA has prepared a notification form with fields for entering the same information as the notification in EASY. The form may be used by employers who are liable to take out insurance, but who do not have a Danish CVR number, as well as other notifiers, e.g. the injured person or the person’s trade union. In such cases, the form should be used both in connection with notification to the Danish WEA and reporting to the insurance company/Labour Market Insurance, when the injured person wants to claim compensation pursuant to the Industrial Injury Insurance Act. 
The notification form is a single-sheet form and is available (in Danish) at the Danish WEA website www.at.dk (write ‘anmeldeblanket’ in the search field), or by contacting the Danish WEA. A guideline on how to fill out the form has been prepared.

The notification form should state whether the accident has occurred during work or leisure time. 
Anyone is entitled to report an injury. The operator and the owner, respectively, the injured person, the person’s physician or someone acting on behalf of the injured person may report the accident to the insurance company and/or the Danish WEA. In this case, the employer liable to take out insurance will be contacted by the Danish WEA with a view to clarifying any missing notification from the employer. This notification should be made as soon as possible to expedite establishment of the causal link.

4.2.4. Additional information

Employers liable to take out insurance must, upon request from the Danish WEA, submit additional information about the duration in which the injured person was incapable of work. 
The operator and the owner, respectively, and other employers must, upon request from the Danish WEA, provide information for use in statistical calculations of accidents or near misses, including calculation of the number of incidents of discharges of hydrocarbons not covered by the duty of notification pursuant to the provisions of the Executive Order.

5. Notification of near misses, damage to installations and evacuations

The operator and the owner, respectively, have a duty to notify the Danish WEA of near misses and damage to the installation as well as evacuations.

In cases where notification must be made immediately to the South Jutland Police or the Danish WEA pursuant to section 8 in the Executive Order on Notification, the operator and the owner, respectively, have the duty of notification. The operator and the owner, respectively, must submit the follow-up statement in accordance with section 8(6) and section 8(7) of the Executive Order on Notification.

The operator and the owner, respectively, must notify the safety organisation of the incident and provide it access to the notification.

5.1. Outline of notifications of near misses, damage to installations and evacuations

The table below provides an outline of the near misses and evacuations to be notified, when, and to whom. Notifications to the South Jutland Police and the Danish WEA are included in the table in the column “Notification”. Note that following immediate notification to the South Jutland Police by the operator and the owner, the South Jutland Police must notify the Danish WEA.

References to sections refer to provisions in the Executive Order on Notification.

Notes to the table:

1. For operators and owners operating under an operating permit granted in accordance with Consolidating Act no. 520 of 13 May 2013, before 19 July 2015, special transitional provisions apply. For these operators and owners, until 19 July 2018, the notification should be accompanied by a written statement on the operator’s or owner’s investigation of the incident, including a clarification of the reasons behind the incident. The statement should include a description of the incident and of the preventive measures taken to avoid repetitions. As of 19 July 2018, the notification with accompanying information should be made in accordance with the common reporting format, as appears from Annex I, incident types A-F and I, to the Commission Implementation Regulation (EU) no. 1112/2014 of 13 October 2014, cf. Annex 3 of the Executive Order on Notification.
2. For operators and owners operating under an operating permit granted in accordance with Consolidating Act no. 520 of 13 May 2013, before 19 July 2015, special transitional provisions apply. As of 19 July 2018, these operators and owners must notify incidents with accompanying information in accordance with the common reporting format, as appears from Annex I, incident types A-F and I, to the Commission Implementation Regulation (EU) no. 1112/2014 of 13 October 2014, cf. Annex 3 of the Executive Order on Notification.
3. Operators performing well operations from and including 19 July 2016, must notify any loss of well control requiring actuation of well control equipment, or failure of a well barrier requiring its replacement or repair, including any uncontrolled emissions from wells, regardless of their duration, in accordance with the common reporting format, as appears from Annex I, incident type B, to the Commission Implementation Regulation (EU) no. 1112/2014 of 13 October 2014, cf. Annex 3 of the Executive Order on Notification.

In relation to Commission Implementing Regulation no. 1112/2014, a guideline has been prepared which aims to provide the competent authorities, operators and owners with supplementary information and examples in order to promote uniform interpretation of the reporting requirements in the Implementing Regulation. For further details, see the “Background” section in this guideline.

The Executive Order on Medical Supervision of Work with Ionising Radiation relating to Offshore Oil and Gas Operations etc. describes when it must be notified that a person has been exposed to ionising radiation. 
Notification of incidents which have or could have led to the discharge of biological agents is described in the Executive Order on Protection against Exposure to Biological Agents in connection with Offshore Oil and Gas Operations etc.

The operator and the owner, respectively, are responsible for performing a qualified assessment of each individual near miss, and whether it should be notified. The management system for health and safety at the operator and owner, respectively, should stipulate how this assessment should be made. 
The operator and the owner, respectively, are responsible for notifying the near miss. However, anyone has the right to report a near miss. For instance, the party involved in the near miss may report it to the Danish WEA. In this case, the Danish WEA will contact the operator and the owner, respectively, with a view to clarifying any notification from their side. The notification should be made as soon as possible to expedite establishment of the causal link.

5.2. Methods of notification

5.2.1. Notification to the police

By telephone or by notifying in person.

5.2.2. Notification to the Danish WEA

By telephone or by notifying in person.

5.2.3. EASY

The electronic EASY notification system cannot be used for notification of near misses.

5.2.4. Notification form

Operators and owners who have been granted an operating permit for installations after 19 July 2015 must use the Reporting Formats in European Commission Implementing Regulation no. 1112/2014.

There is not a special reporting form for near misses to be used by operators and owners who have been granted an operating permit prior to 19 July 2015. Where relevant, the information in the notification should correspond with the information provided when notifying an accident, including the damage potential. These operators and owners must use the reporting formats in European Commission Implementing Regulation no. 1112/2014 from and including 19 July 2018.

6. Notification by physicians and dentists of presumed or ascertained occupational diseases and other harmful influences

Physicians and dentists have a duty to notify presumed or ascertained occupational diseases to the Danish WEA and Labour Market Insurance. 
Furthermore, physicians should report any harmful influences to the Danish WEA and Labour Market Insurance.

The duty of notification is incumbent upon any physician or dentist, regardless of whether this person is a general practitioner or practicing dentist, or is employed at a hospital, clinic or other institution. At hospitals, clinics, etc., the duty of notification is, however, incumbent upon the senior physician or dentist at the individual department.

The duty of notification will lapse if the physician or dentist has made certain that the notification has already been made.

The notification requires no consent from the injured or ill person.

6.1. Methods of notification

6.1.1. EASY

The electronic EASY notification system must be used for notification of injuries or presumed or ascertained occupational diseases. Do not forget to mark the notification as ”offshore”. 
Notification forms cannot be used for this purpose, but Labour Market Insurance will deal with notifications not made in EASY.

6.1.2. Remuneration

Physicians and dentists who report injuries or presumed or ascertained occupational diseases in EASY will receive remuneration in accordance with the rate fixed at any time by the Danish WEA and Labour Market Insurance.

6.2. Use of the notification by the Danish WEA

Investigations at the installation etc.:

The notifications form part of the Danish WEA’s inspection at installations etc. of the health and safety factors presumed to have caused the harmful influence. The purpose of an investigation is to describe the conditions which could have caused the influence, and assess the enterprise’s preventive measures.

Digital registration and analysis:

The Danish WEA registers the notifications in a database used, among other things, to assess the correlation between occupational health and safety at the installation and the reported harmful influences.

The statistics prepared on the basis of these registrations are used for priority-setting in inspection work, mapping of the health conditions and assessment of the need for special campaigns etc.

7. Submission of supplementary information

The operator, owner and other employers should, at the request of the Danish WEA, provide information to the Danish WEA for use in statistical calculations of accidents or near misses, including calculations of the number of discharges of hydrocarbons not covered by the duty of notification, see section 10 of the Executive Order on Notification.

8. Notification to the Accident Investigation Board

The operator and the owner, respectively, must report major accidents to the Accident Investigation Board for Offshore Oil and Gas Activities. The operator and the owner, respectively, must additionally report any other incident leading to fatalities for one to four persons present at the offshore installation on which the source of danger occurred, or engaged in an offshore oil and gas operation in connection with the installation or connected infrastructure.

The notification must be accompanied by a statement describing the accident and its course as well as the immediate reasons for the accident.

Danish WEA, 9 September 2016