Definitions offshore - accident, occupational diseases, near miss etc.

In accordance with section 2(1), of the Executive Order No. 1196 of 9 October 2015 on Registration and Notification of Accidents etc. in connection with Offshore Oil and Gas Operations etc. (the Notification Order), for the purposes of the Notification Order:

  1. "Accident" shall mean: An accident pursuant to section 6 of the Danish Workers’ Compensation Act. 
  2. "Occupational diseases" shall mean: Occupational diseases pursuant to section 7(1) of the Workers' Compensation Act. 
  3. "Incapable of work" shall mean: That the person injured is unable to fully perform his or her ordinary work.
  4. "Near miss" shall mean: An incident which could have led to an accident or injury of importance to health and safety at the installation. 
  5. "Employer liable to take out insurance" shall mean: Any employer who has the obligation to insure workers pursuant to section 48 of the Workers' Compensation Act. 

Pursuant to Commission Implementing Regulation (EU) no. 1112/2014 of 13 October 2014, cf. Annex 3:

  1. "Accidents which are not major accidents" shall mean: Accidents, cf. subsection (1), no. 1, of the Notification Order. 
  2. "Major accidents" shall mean: Major accidents, cf. section 3(1), no. 28 of the Offshore Safety Act. 
  3. "Competent authority" shall mean: The Danish Working Environment Authority (the DWEA). 
  4. "Safety and environmental critical element" shall mean: Safety and environmental critical element as defined in section 3(1), no. 25 of the Offshore Safety Act. 
  5. "Serious injury" shall mean: Serious personal injury, cf. Annex 1 of the Notification Order. 
  6. "Major environmental incident" shall mean: Major environmental incident as defined in section 3(1), no. 27, of the Offshore Safety Act. 

Duty to register

In accordance with section 3(1) of the Notification Order, the operator and the owner, respectively, shall register information about the following:

  1. Any accident. 
  2. Any fatality. 
  3. Any discharge of hydrocarbons. 
  4. 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 diseases in humans, following an assessment of the health and safety risks pursuant to the Executive Order on Protection from Exposure to Biological Agents relating to Offshore Oil and Gas Operations etc. 
  5. 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. 
  6. Any not insignificant damage of importance to health and safety to the construction or equipment of the installation. 
  7. Any evacuation of staff. 
  8. Any near miss. 
  9. Any incident with vessels on a collision path and cases of collisions between vessels and an installation. 

Duty to notify

In accordance with section 4(1) of the Notification Order, the employer liable to take out insurance shall notify any accident causing:

  1. fatality or 
  2. that the injured person is rendered incapable of work for one day or more in addition to the day the accident occurred. 

Duty to notify immediate etc.

In accordance with section 8(1) of the Notification Order, the operator and the owner, respectively, shall immediately telephone or in another manner notify the South Jutland Police by telephone on +45 76 11 14 48, which then notifies the DWEA about the following:

  1. Any fatality having occurred at the installation. 
  2. Any accident which has led to serious personal injury, cf. Annex 1 of the Notification Order. 
  3. Any accident or other incident which leads to the acute taking ashore of one or several persons. 

In accordance with section 8(2) of the Notification Order, the operator and the owner, respectively, shall immediately telephone or in another manner notify the DWEA about the following:

  1. Unintended discharge of oil or gas which leads to fire or explosions. 
  2. Unintended discharge of not ignited natural gas or evaporated associated gas, if the mass discharged is greater than or equal to 1 kg. 
  3. Discharge of non-ignited liquids of crude oil where the mass discharged is greater than or equal to 60 kg. 
  4. Any incident which may have led to discharge of a biological agent, cf. section 5(1), no. 2, of the Notification Order. 
  5. Any unintended discharge of substances and materials, cf. section 5(1), no. 3, of the Notification Order. 
  6. Any significant damage of importance to health and safety to the construction or equipment of the installation. 
  7. Any uncontrolled emissions from a well, regardless of the duration. 
  8. Helicopter accidents at or near the installation. 
  9. Any unplanned emergency evacuation of some or all persons on board due to a major accident or if there is a significant risk of such accident. 

In accordance with section 8(3) of the Notification Order, the operator and the owner, respectively, shall immediately telephone or in another corresponding manner notify the DWEA about any near miss which could have caused fatalities or a danger to the integrity of the installation, cf. section 5(1), no. 1a and c, of the Notification Order.

In accordance with section 8(4) of the Notification Order, the operator and the owner, respectively, shall, in the situations mentioned in section 8(1) of the Notification Order, leave the place of the incident untouched and sealed off, unless otherwise decided by the Police, or unless preventing imminent or immediate danger necessitates otherwise.

Notification of accidents etc. happened offshore

Notification pursuant to section 4(1) of the Notification Order shall be made digitally to the DWEA through the EASY joint notification system of the National Board of Industrial Injuries and the DWEA, cf. however, section 4(3) of the Notification Order. 

The requirement in section 4(2) of the Notification Order on the use of EASY shall not apply to foreign employers liable to take out insurance which do not have a Danish business registration number (CVR number). Foreign employers liable to take out insurance which do not have a Danish business registration number shall notify digitally in a manner which can be accessed by the DWEA in accordance with further instructions.

Notification of accidents etc. shall be submitted within 10 days after the accident happened. The notification can be submitted either by using a special notification form or digitally through the system EASY.

Notification pursuant to section 4(1) of the Notification Order shall be made to the DWEA as soon as possible and within ten working days after the day of the incident enclosing a copy for the operator or the owner, respectively, if these are not the employer liable to take out insurance. If the accident resulted in death or serious injury the notification shall be notified immediately by telephone or in another manner to the South Jutland Police on +45 76 11 14 48 and followed up by a written report to the DWEA.

Notification of near misses etc. happened offshore

In accordance with section 5(1) of the Notification Order, the operator and the owner, respectively, shall also notify the following:

  1. Any near miss that could have caused 
    • a) fatality, 
    • b) an accident with resulting serious personal injury, cf. Annex 1 of the Notification Order, or 
    • c) danger to the integrity of the installation. 
  2. Any incident, which has or could have led to the discharge of a biological agent, and which has caused or is assessed to be likely to cause diseases in humans, following an assessment of the health and safety risks pursuant to the Executive Order on Protection from Exposure to Biological Agents relating to Offshore Oil and Gas Operations etc. 
  3. 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 the health and safety risks under the Executive Order on Use of Substances and Materials on Offshore Oil and Gas Operations. 

Notification pursuant to section 5(1) of the Notification Order shall be made to the DWEA as soon as possible and within ten working days after the day of the incident.

Notification pursuant to section 5(1) shall be made digitally to the DWEA.

Further information about the notification is available in the guidance: The DWEA Guideline 65.1.3. on registration and notification of accidents etc. in connection with offshore oil and gas operations etc.

Digital notification of accidents etc. happened offshore

EASY notification of accidents can be given digitally via the Internet. The DWEA and The National Board of Industrial Injuries have made an electronic notification system, EASY, it is currently only available in Danish.

Although not readily apparent from EASY's welcome page, you can also notify accidents that happened offshore. These notifications will be automatically sent to the DWEA. Offshore option appears during the filling process.

Notification is only possible for companies with a CVR number. Foreign companies have therefore not yet the possible to notify via EASY, but are referred to using the above-mentioned notification form. 

Follow-up on notified injuries and near misses etc. happened offshore

The DWEA reviews and assesses whether immediate actions/measures should be taken. All notified injuries and near misses are reviewed offshore at the next supervision visit.

The DWEA usually inspects the site of accident in connection with an immediately notification, usually with the police.

The DWEA prepares statistics on notified injuries and near misses. This statistic and the individual reviews are included in the DWEA's priority of supervision.

Notification of occupational diseases and suspected or confirmed work related diseases etc. happened offshore

It can be difficult to detect whether a particular disorder derives from the work or due to other causes. It becomes more difficult to detect if a person has had multiple jobs. The ruling on whether a condition is work-related or not is done by the National Board of Industrial Injuries.

Blanket thereto obtained from the DWEA. This form can also be used to notify to the DWEA, so one form only needs to be filled out.

The notification is used by the DWEA to draw up statistics on work-related illness. This statistics and the actual notifications are included in the DWEA prioritization of the inspection effort.