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Relevant Statutes:

• Health and Safety at Work etc. Act 1974

The 0IM is required to know the functions, tasks and powers of the Health and Safety Executive offshore Safety Division Inspectors and those of their appointed agents, in respect of various enactments involving inspections of offshore installations and incident investigations

Inspectors dealing with safety act on behalf of the HSE OSD Other inspectors dealing with, for example, pollution and metering are now employed by the Department of Trade and Industry (DTI). Duties of inspectors can be found in the Health and Safety at Work etc. Act 1974 (HSWA).

Inspectors are appointed by warrant to fulfill their principle role of ensuring compliance with several legal requirements. The wide-ranging powers given to an inspector by the Act enable him to:

• board and be given access to all parts of an offshore installation at any reasonable time or an any time should an inspector believe there to be dangerous circumstances
• carry out such examinations and investigations as may be necessary to fulfil his role
• direct that a site be left undisturbed for so long as is reasonably necessary to carry out an examination or investigation
• obtain information (measurements, photographs, records and the installation logbook, etc.) necessary for the examination or investigation
• obtain samples of any article or substance and of the atmosphere in the vicinity of the installation
• test and in special circumstances dismantle or render harmless any equipment, article or substance which may have contributed to the cause of danger or presents a risk to health and safety
• require the carrying out of procedures and tests; (you have a right to request a letter explaining what needs to be done, when and why)
• question personnel and require a signed statement from appropriate persons
• be provided with facilities and assistance (fax, telephone, telex, photocopying, food and accommodation, etc.
• be provided with transport to and from shore for himself and his equipment.

When an inspector is interviewing and taking written statements, the OIM should be aware that interviewees may nominate a third person to be present. No-one else may be present unless expressly allowed by the inspector.

Inspectors must disclose certain information when it is necessary to do so for the purpose of keeping persons (for example safety representatives) adequately informed about matters affecting their health, safety and welfare. Such information will not include any medical information relating to particular individuals except with their consent.

Inspectors are also required to investigate complaints from people working offshore. Any individual who remains dissatisfied as to the actions taken after reporting a complaint through normal communication channels, including the OIM, can contact the HSE - Offshore Safety Division by telephone. If the complainant requests, 4 anonymity will be preserved'.

The Health and Safety at Work etc. Act 1974 provides for the use of notices to require action
to be taken to improve standards or to prevent accidents.:

In the event of a serious contravention of the Act an Inspector can issue an Improvement or Prohibition Notice on the organisation concerned.

• An Improvement Notice can be issued if an Inspector is of the opinion that there is a contravention of one or more provisions of the HSW Act.
• The Prohibition Notice applies where there is reason to believe that activities will involve a risk of serious bodily injury.
• In addition an article or substance can seized and made harmless by an Inspector if he believes that it is a cause of imminent danger.
• Prosecution of individuals is possible in grave cases, with the possibility of fines or Imprisonment

Both types of notice may be served on the 0IM as the 'person on the spot' especially in the case of an immediate prohibition notice. where the aim is to stop the work at once. You have the right to appeal to an Industrial Tribunal if you think the issue of a notice is unjustified (details on back of form) and you have the right to a written explanation of what needs to be done, when and why.

HSE-OSD Inspectors are directly responsible for ensuring fire-fighting equipment and life saving appliances have been inspected. The HSE-OSD is also indirectly responsible for the enforcement of requirements made by other agencies, for example, the Pipeline Inspectorate, the Civil Aviation Authority and as far as they relate to offshore activities, certain aspects of standby vessels in conjunction with Ministry of Transport (Marine Division) surveyors.