Executive Order on Management of Safety and Health etc. in connection with Offshore Oil and Gas Operations etc.

Executive Order no. 1198 of 23 October 2015 issued by the Danish Working Environment Authortity - unofficial version

After consultation with the Minister for Environment and Food and with authorisation pursuant to section 3(1) of Executive Order no. 1193 of 9 October 2015 on the Tasks and Powers of the Danish Working Environment Authority (WEA) under the Offshore Safety Act, the following shall be laid down pursuant to sections 17, 18(7), 22, 26, 26a, 32a, 37, 43a, 44, 49, section 50(4), section 69a(1) and section 72(1) of the Offshore Safety Act, cf. Consolidated Act no. 831 of 1 July 2015:

Part 1 - Scope

1.-(1) This Executive Order shall apply to offshore oil and gas operations as defined in section 3(1), no. 16 of the Offshore Safety Act, cf. however subsection (2).

(2) With regard to accommodation facilities on ships in which persons working on another installation are being accommodated, section 5(2), section 12(1) and (3), section 13(1) and (2), sections 14-19, 24, 28, 29, section 39(1) and section 44 shall not apply.

(3) This Executive Order shall also apply to operations in connection with an installation or connected infrastructure, cf. section 3 nos. 1 and 29, if the operations are covered by the Act on the Use of the Danish Subsoil and if the operations carry health and safety risks.

Part 2 - Definitions

2.-(1) For the purposes of this Executive Order:

  1. "Risk" means: risk of personal injury, illness or death measured as
    a) safety risk: combination (product) of the probability of an event and the consequence of that event; or
    b) health risk: combination (product) of the magnitude and duration of a harmful effect.
  2. "Risk management" means: The total process of risk assessment, identification and risk reduction measures and implementation of such risk reduction measures pursuant to the ALARP principle.
  3. Highest acceptable level of risk: The highest level of risk at which operations may be performed.
  4. Acceptance criterion: Established quantitative limit for the highest acceptable level of risk.
  5. Generally acceptable level of risk: The level of risk at which additional use of the ALARP principle is unnecessary.
  6. The ALARP principle: As Low As Reasonably Practicable, cf. Annex 2. Following the ALARP principle means that risks shall be reduced to a level that is as low as reasonably practicable.
  7. "Major accident" means: In connection with an installation, connected infrastructure or a pipeline, cf. section 3(1), no. 28 of the Offshore Safety Act,
    a) an incident involving an explosion, fire, loss of well control, or release of oil, gas or dangerous substances or materials involving, or with a significant potential to cause, fatalities or serious personal injury, cf. also subsection (2);
    b) an incident leading to serious damage to the installation or connected infrastructure involving, or with a significant potential to cause, fatalities or serious personal injury, cf. also subsection (2);
    c) any other incident leading to fatalities or serious injury to five or more persons located on the installation on which the source of danger occurs, or engaged in an offshore oil and gas operation in connection with the installation or connected infrastructure; or
    d) any major environmental incident resulting from incidents referred to in points (a), (b) and (c), cf. also subsection (2).
  8. "Major environmental incident", cf. section 3(1), no. 27 of the Offshore Safety Act means: An incident which results, or is likely to result, in environmental damage covered by the Environmental Damage Act ("miljøskadeloven").
  9. "Other risks" means: Risks linked to the performance of work, layout of workstations, access routes and escape routes on installations or connected infrastructure, and which are not major accident risks, cf. no. 9.
  10. "Audit" means: Systematic, independent and documented process intended to verify compliance with established policies, objectives, procedures or requirements.
  11. "Prevention" means: All the steps or measures taken or planned at all stages of work to prevent or reduce health and safety risks.
  12. "Safety and environmental critical elements", cf. section 3(1), no. 25 of the Offshore Safety Act means: Parts of an installation, equipment or components, including computer programmes, the purpose of which is to prevent or limit the consequences of a major accident, or the failure of which could cause or contribute substantially to a major accident.
  13. "Safety organisation" means: The established collaboration between the operator and the owner, respectively, and representatives of the employees, referred to as safety representatives, cf. section 46(1) of the Offshore Safety Act.

(2) The definitions in subsection (1), no. 7 (a), (b) and (d), shall also apply to a non-permanently manned installation in situations where the installation is not manned.

Part 3 - Risk assessment and risk reduction etc.

General provisions

5.-(1) According to sections 33-36, all health and safety risks and risks of major environmental incidents associated with the design, construction, layout and equipment of the installation, connected infrastructure or a pipeline, as well as all operations associated with the installation, connected infrastructure or a pipeline during its operation, including passenger transport to and from the installation, and operations associated with combinations of several installations, shall be identified, assessed and reduced pursuant to the ALARP principle.

(2) Subsection (1) shall also apply to decommissioning fixed installations, cf. section 56 of the Offshore Safety Act.

(3) According to section 34(2) of the Offshore Safety Act, the operator and the owner, respectively, shall regularly secure improvements in the health and safety level by continuously reducing the health and safety risks and risks of major environmental incidents in connection with all oil and gas operations associated with operation of the installation, connected infrastructure or pipeline, including passenger transport to and from the installation.

6. Measures to reduce the health and safety risks and risks of major environmental incidents pursuant to section 5(1) may not result in financial burdens for the employees.

7.-(1) Risk assessment pursuant to section 5 and proof that risks have been reduced in accordance with the ALARP principle shall be documented in the safety and health document, cf. section 45.

(2) Documentation regarding management of the risk of major accidents shall, as a minimum, contain a description of the following:

  1. The standard or norm used, cf. section 10(1), or, in the absence thereof, method for risk assessment and a clear description of the assessment criteria for risk management, including uncertainty factors in the assessment.
  2. That risk management has taken into consideration all relevant stages in the lifecycle of the installation and all foreseeable situations including:
    a) how the design decisions described in the design notification have taken account of risk management so as to ensure inherent safety and environmental principles are incorporated;
    b) how well operations are to be conducted from the installation when operating;
    c) how well operations are to be undertaken and temporarily suspended before production is commenced from a production installation;
    d) how combined operations are to be undertaken with other installations; and
    e) how the decommissioning of the installation will be undertaken;
  3. How risk reduction measures identified as part of risk management are implemented if necessary to reduce risks pursuant to the ALARP principle.
  4. Whether, in determining the necessary measures to achieve acceptable levels of risk pursuant to the ALARP principle, it has been clearly demonstrated how relevant good practice and judgement based on sound engineering, best management practice, and human and organisational factors have been taken into account.
  5. Whether the measures and arrangements for the detection of an emergency situation, and the rapid and effective response to this, are clearly identified and proven suitable.

8.-(1) The operator and the owner, respectively, shall involve the safety organisation, if such an organisation exists, in the risk assessment and in the planning of measures to reduce health and safety risks and risks of major environmental incidents.

(2) Where a safety organisation does not need to be formed, the employees, if there are any, shall be involved in the risk assessment and planning specified in subsection (1) in a corresponding manner.

9. It shall be the responsibility of individual employees, to the best of their ability, in accordance with their training and the employer’s instructions, to ensure their own health and safety as well of the health and safety of others insofar as others are affected by the actions or omissions of an individual employee during the work.

Risk of major accidents

10.-(1) The assessment of risks of major accidents shall be performed in accordance with approved norms and standards for risk assessment.

(2) When designing a production installation, a fixed non-production installation, connected infrastructure or a pipeline, or modifications to these, the operator and the owner, respectively, shall establish acceptance criteria for both the risk to which the individual employee is exposed (individual risk) and the risk to which several employees are exposed simultaneously (collective risk), with due regard to technical and social developments in society.

(3) For the operation of an installation, the operator and the owner, respectively, shall similarly establish acceptance criteria for both individual and collective risk, cf. subsection (2).

(4) Risks shall be reduced according to the ALARP principle.

11. Measures to reduce risks pursuant to section 10 shall be prioritised in accordance with the prevention principles in Annex 1.

12.-(1) When designing a production installation, a fixed non-production installation, connected infrastructure or a pipeline, the operator and the owner, respectively, shall ensure that the safety and environmental critical elements are identified and that the risk assessment states which risks are associated with malfunction of the elements in question.

(2) The operator and the owner, respectively, before an installation is commissioned, or in connection with changes hereof, which significantly affect the risk of major accidents, shall demonstrate that the risks of major accidents have been identified, their likelihood and consequences assessed, including any environmental, meteorological and seabed limitations on safe operations, and that their risk reduction measures including associated safety and environmental critical elements are suitable so as to reduce the risk of a major accident to a level as low as reasonably practicable; this demonstration shall include an assessment of oil spill response effectiveness.

(3) When decommissioning a fixed installation, connected infrastructure or a pipeline, the operator shall ensure that the safety and environmental critical elements are identified and that the safety and health document states which risks are associated with malfunction of the elements in question.

13.-(1) The risk assessment shall be updated in the event of important modifications to the connected infrastructure, a pipeline or the installation, its layout, equipment or operational conditions.

(2) If the manning on an installation changes in relation to the conditions that were applicable during the risk assessment pursuant to section 10, the assessment shall be updated.

(3) An updated assessment shall also be performed if other conditions which form the basis of the assessment pursuant to section 10 change significantly.

Other risks

14. When designing a production installation, a fixed non-production installation or connected infrastructure, or when changing these, the operator and the owner, respectively, shall, to the extent possible, ensure that other risks are identified and assessed and that the results of this are incorporated in the design in order to comply with the ALARP principle.

15. In connection with operation of an installation and connected infrastructure, the operator and the owner, respectively, shall ensure that the other risks have been identified and assessed. The necessary preventive measures shall be taken before the installation and connected infrastructure are commissioned, observing the prioritised prevention principles specified in Annex 1 and shall be in accordance with the ALARP principle.

16.-(1) Prior to commencing work of a temporary nature that is not covered by a risk assessment pursuant to section 15, the operator and the owner, respectively, shall ensure that a risk assessment for the work in question is carried out and that risks are reduced under the prioritised prevention principles stated in Annex 1, and in accordance with the ALARP principle.

(2) The individual employer and the supervisor who manages the employees who will carry out the work shall, before commencing work, ensure that the necessary measures to reduce the risks identified by the assessment pursuant to subsection (1) have been taken.

17.-(1) The operator and the owner, respectively, shall ensure that a risk assessment pursuant to section 15 contains the following:

  1. Identification of the health and safety risks as well as an assessment of these, their nature and scope.
  2. Priorities and an action plan to reduce the health and safety risks which cannot be reduced immediately. The plan shall state in what order and when the ascertained risks are to be reduced.
  3. The inclusion of absence due to sickness for the purpose of assessing whether health risks at the installation may lead to absence due to sickness.

(2) The operator and the owner, respectively, shall ensure that a risk assessment pursuant to section 16 contains the elements specified in subsection (1), nos. 1 and 2 that are relevant to the work in question.

(3) An update of the risk assessment shall be performed if changes are made to the work, working methods, work processes and other conditions which are highly significant for health and safety.

18. Standards and limits laid down in the legislation for chemical and physical agents, as well as for physical stresses in the working environment, shall be regarded as the highest acceptable risk level.

19. A risk assessment pursuant to sections 15–16 shall include the conditions specified in the provisions on risk assessment in regulations pursuant to the Offshore Safety Act concerning biological, chemical and physical agents, as well as physical stresses in the working environment.

Part 4 - Health and safety risks not related to work

20.-(1) In connection with operation of an installation, the operator and the owner, respectively, shall ensure that the health and safety risks which are not other risks and risks of major accidents have been identified and assessed at the installation.

(2) The measures required to reduce the risks mentioned in subsection (1) shall be implemented before the installation is commissioned.

(3) The assessment pursuant to subsection (1) shall be kept up-to-date during operations.

(4) The assessment pursuant to subsection (1) shall be documented in the safety and health document, cf. section 45.

(5) The assessment pursuant to subsection (1) shall be updated in the event of material changes to the health and safety risks mentioned.

21.-(1) The operator and the owner, respectively, shall involve the safety organisation of the installation in the assessment pursuant to section 20.

(2) Where a safety organisation does not need to be formed, the employees shall be involved in the assessment in a corresponding manner.

Part 5 - Evacuation analyses

22.-(1) The operator and the owner, respectively, shall ensure that an evacuation analysis is prepared for each installation which confirms that efficient and controlled evacuation of the installation with subsequent rescue to a safe location can take place in critical situations.

(2) The evacuation analysis shall be performed according to recognised methods and the following shall be included as a minimum in the analysis:

  1. Based on the risk assessment in Part 3, determination of the situations in which evacuation is necessary.
  2. Assessment of evacuation options in the instances mentioned in no. 1.
  3. Assessment of options for efficient and controlled evacuation of the installation in the situations mentioned in no. 1.
  4. Assessment of options for efficient rescue to a safe location pursuant to the evacuation mentioned in no. 3.
  5. Establishment that the risk of not being able to evacuate and rescue people to a safe location has been reduced to a level as low as reasonably practicable.

(3) The evacuation analysis shall be documented in the safety and health document, cf. section 45.

(4) The evacuation analysis shall be updated if there are material changes in the conditions that form the basis of the analysis.

(5) The operator and the owner, respectively, shall ensure that independent verification of the evacuation analysis is conducted pursuant to section 44 in order to confirm that the analysis complies with subsection (2).

(6) Verification pursuant to subsection (5) shall be enclosed with the notification of design to the Danish WEA pursuant to section 27 of the Offshore Safety Act and with the application for approvals and permits pursuant to sections 28-29 of the Offshore Safety Act.

Part 6 - Training, competence, and instruction

23. The employer shall ensure that the employees have adequate training and experience to perform their tasks such that the health and safety risks and risks of major environmental incidents in connection with the performance of work are reduced according to the ALARP principle, and that this training and experience have been documented.

24.-(1) The employer shall ensure that, regardless of the nature and duration of their employment, employees receive the necessary training and instruction in how to perform work such that risks are identified, assessed and reduced according to the ALARP principle.

(2) In particular, training and instruction shall be provided:

  1. on recruitment,
  2. in the event of a transfer or a change of job,
  3. in the event of the introduction of new work equipment or a change in equipment, and
  4. in the event of the introduction of any new technology.

(3) The employer shall inform the employees about any risks which may exist in connection with their work, and inform them about the occupational health assessments to which they have access.

(4) Training pursuant to subsection (1) shall be adapted to technical and social developments taking into account new elements of risk, and shall be repeated regularly if necessary.

(5) Costs of training may not be imposed on the employees or their representatives.

(6) Training shall take place during working hours, cf. Executive Order on Certain Aspects of the Organisation of Working Hours in connection with Offshore Oil and Gas Operations etc.

(7) However, training does not need to take place on the installation, as the working hours spent are included as part of total working hours, cf. subsection (6).

25.-(1) The operator, owner or a contractor employing persons whose services have been hired out to them or otherwise made available to them by an outside enterprise shall ensure that the work is planned, organised and performed in accordance with the ALARP principle and in accordance with the Offshore Safety Act and regulations laid down pursuant to the Act.

(2) Prior to the commencement of such employment, the operator, owner or contractors, respectively shall give the outside enterprise the following information, which the latter shall communicate to the persons to be employed:

  1. the required professional level, including whether special qualifications are required.
  2. any requirements of health certificates.
  3. the special nature of the work, including any risks.

26.-(1) The operator and the owner, respectively, shall ensure that the necessary health and safety instructions are provided to contractors working for them, including particularly on:

  1. the required professional level at the contractor, including whether special qualifications are required,
  2. any requirements concerning health certificates for the employees of the contractor,
  3. the special nature of the work, including any special risks, and
  4. the parts of the management system for health and safety that the contractor shall follow in connection with the work.

(2) The individual contractor shall also ensure that instructions pursuant to subsection (1) are provided to contractors working for him.

(3) The contractor who subcontracts the work shall ensure that instructions pursuant to subsections (1) and (2) are forwarded to the supervisors and employees who are to carry out the work.

27.-(1) If the licensee, the operator, the owner, the contractor or the employer does not have the necessary expertise to undertake the health and safety operations, they shall seek external expert assistance with a view to ensuring that the risks are identified, assessed and reduced according to the ALARP principle, cf. section 48 of the Offshore Safety Act.

(2) If the operator and the owner, respectively, seeks external expert assistance, cf. subsection (1), the operator and the owner, respectively, shall inform the expert of factors that affect or are presumed to affect the health and safety of employees, and they shall be provided with access to information on

  1. health and safety risks and preventive measures on the installation and connected infrastructure in general, in each type of workstation and in connection with the performance of work, and
  2. measures taken pursuant to the internal emergency response plan, cf. Executive Order on Emergency Response etc. in connection with offshore oil and gas operations etc.

(3) If the operator and the owner, respectively, seeks expert assistance pursuant to subsection (1), the operator and the owner, respectively, shall not be exempt from liability pursuant to the Offshore Safety Act, regulations issued pursuant to said Act or Danish law in general.

28.-(1) Mechanically driven cranes and similar hoists on installations, which can lift a free-hanging load and which have at least one mechanically driven movement in addition to raising and lowering may only be operated by a person holding a crane operator's certificate. Annex 5 describes the qualifications required before a crane operator's certificate can be issued.

(2) A crane operator's certificate is not required for the following:

  1. Cranes and similar hoists, such as traverse cranes, for which the strain from the load always falls within the supporting surface of the crane, such that the load will not impart a tipping moment on the crane, and for which the maximum permissible load is no more than 5000 kg.
  2. Console cranes with a maximum permissible load of no more than 5000 kg.
  3. Cranes and similar hoists on which the load is transported in a manner that makes it is impossible for the load to drop or swing such that it causes injury to persons.
  4. Cranes and similar hoists used for serial lifting with lifting tackle designed for this purpose, such as lifting uniform items as part of a delimited work process and with a maximum lift height, i.e. the height from the surface to the lowest point of the load, of 1.5 m.

(3) A crane operator's certificate is not required for construction machinery used as cranes in connection with the normal working operations of such machines, if

  1. there are no persons in the immediate vicinity of the load when it is lifted, transported or set down,
  2. the load is moved into place during set down,
  3. the load is not lifted more than approximately 1 metre above deck,
  4. the machines are inspected and maintained in accordance with instructions from the supplier, and
  5. the instructions for use and maintenance from the supplier are on the machine.

(4) Subsections (2) and (3) shall not apply to the following:

  1. Lifting loads with two or more cranes.
  2. Lifting persons with cranes.

29.-(1) Forklift trucks and stackers, which mechanically lift the load along one side of a vertical mast and are driven mechanically, may only be operated by a person holding a forklift driver's certificate. Annex 6 describes the qualifications required before a forklift driver's certificate can be issued.

(2) A forklift driver's certificate shall not be required for the following:

  1. Forklift trucks and stackers with a lift height of no more than 1 metre.
  2. Forklift trucks and stackers which are always guided by rails, tracks or similar, for example track-guided picking trucks and rack stackers.

(3) Forklift trucks fitted with an independent moveable crane arm may only be operated by a person holding a crane operator's certificate.

Part 7 - Management system for health and safety

Content of the management system

30. The management system for health and safety pursuant to section 19 of the Offshore Safety Act shall, as a minimum, cover the conditions mentioned in part 6 of Annex 3 as well as a corporate policy for health and safety, cf. section 19a of the Offshore Safety Act, covering, as a minimum, the conditions mentioned in part 5 of Annex 3.

31.-(1) If the safety and health document stipulates that the operator and the owner, respectively, shall introduce a system of work permits for carrying out both hazardous operations or operations that are usually straightforward which may interact with other operations to cause serious hazards, the management system shall state which operations are covered by the scheme.

(2) Work permits shall be issued by a person in charge who has been appointed by the operator and the owner, respectively, before work starts and shall specify the conditions to be fulfilled and the precautions to be taken before, during and after work.

32. Records of inspections and tests shall be made in connection with maintenance of equipment; these records shall be kept in an appropriate manner and for a suitable period of time specified in the management system.

33. For combined operation of several installations, the management system for each of the associated installations shall specify how the demarcation to the management systems of the other installations has been established.

Certification of the management system

34.-(1) If the operator or the owner, respectively decides to certify the management system for health and safety as documentation for compliance with recognised norms and standards for management systems, cf. section 19(2) of the Offshore Safety Act, the certification body shall be accredited to certify according to the standards specified by the Danish Accreditation Fund (DANAK) or by an equivalent recognised accreditation body that has signed the European co-operation for Accreditation (EA) multilateral agreement on mutual recognition.

(2) If the certification body that issued the certificate has revoked or suspended the certificate, the operator and the owner, respectively, shall upon request, inform the Danish WEA of this.

Part 8 - Independent verification of installations, equipment, etc.

Scheme for independent verification of safety and environmental critical elements

35. The operator and the owner, respectively, shall establish a scheme for independent verification of safety and environmental critical elements in connection with an installation, connected infrastructure and a pipeline, cf. section 21(1), no. 1 of the Offshore Safety Act, and ensure

  1. that the verifier is given the opportunity to forward his opinion about the verification scheme during the preparation of this scheme,
  2. that a memo is prepared about each reservation expressed by the verifier about the content of the scheme during the preparation of this scheme,
  3. that the verification scheme has been introduced before completion of the design of production installations and non-production installations,
  4. that the verification scheme has been introduced before commencement of activities for non-production installations, and
  5. that the verification scheme is reviewed regularly and, if necessary, in consultation with the verifier is changed or replaced by a new scheme, cf. nos. 1 and 2.

36.-(1) The operator and the owner, respectively, shall prepare a description of the verification scheme pursuant to section 35(1), nos. 1-4. The description shall be stated in its entirety in the safety and health document for the installation and contain as a minimum:

  1. a statement by the operator and the owner, respectively, that the safety and environmental critical elements and their maintenance system are or will be suitable after considering the report by the independent verifier, and
  2. a description of the verification scheme, including selection of independent verifiers and measure to verify that safety and environmental critical elements remain in good repair and condition.

(2) The description pursuant to subsection (1) shall, as a minimum, also contain a description of the verification measures, cf. subsection (1), no. 2, and the description shall include details of the principles that will be applied to carry out the functions under the scheme and to regularly assess the scheme throughout the lifecycle of the installation, including the following:

  1. Investigation and testing of the safety and environmental critical elements by the independent verifier.
  2. Verification that the safety and environmental critical elements are in accordance with specifications which may be, but are not limited to
    a) recognised standards,
    b) good industry practice,
    c) certificates,
    d) CE marking, and
    e) risk assessments according to recognised norms and standards.
  3. Investigation of work in progress.
  4. Reporting of any instances of non-compliance.
  5. Remedial actions taken by the operator or owner.

(3) The description pursuant to subsection (1) shall, as a minimum, also contain an account of the measures that have been initiated by the operator and the owner, respectively, as a consequence of the reports, and the recommendations that have not been implemented and the reason for this.

37.-(1) The verifier shall prepare a report on the verification pursuant to the scheme pursuant to section 35(1), and said report is to be presented to the operator and the owner, respectively. The report shall include:

  1. the investigations and tests carried out,
  2. deviations from the specifications in section 36(2), no. 2, and
  3. recommendations on measures to correct deviations, cf. no. 2.

(2) The operator and the owner, respectively, shall take and document appropriate measures on the basis of the results of the verification, for the scheme pursuant to section 35(1), including any deviations and recommendations, and prepare a report hereon.

(3) In connection with deviations from the specifications, cf. subsection (1), no. 2, the operator and the owner, respectively, shall take the necessary steps to ensure that the risk of major accidents has been reduced pursuant to the ALARP principle, and correct the deviations.

38. Material changes to the safety and environmental critical elements shall be referred to the independent verifier for further verification in accordance with the scheme for independent verification, and the outcomes of such further verification shall be communicated to the Danish WEA, if requested.

Scheme for independent verification of wells

39.-(1) The operator of a well shall establish a scheme of independent verification in respect of approval of well operations, cf. section 21(1), no. 2 and section 28a of the Offshore Safety Act, to give independent assurance through appropriate measures that the well design and well control measures have been adjusted to the anticipated well conditions at all times in accordance with the requirements stipulated in the management system for health and safety of the operator pursuant to section 19 of the Offshore Safety Act, including that the well has been designed and constructed and maintained to such a degree that:

  1. there is no unplanned escape of hazardous substances from the well to the extent that this is reasonably practicable, and
  2. the health and safety risks deriving from the well and conditions in the well, or in strata to which the well is connected, are at a level as low as reasonably practicable, including that the well design and the well control measures have been designed and dimensioned according to the well conditions that can be expected at any time with an appropriate safety factor.

(2) The measures referred to in subsection (1) shall include at least the following:

  1. A review carried out by the independent verifier, of
    a) any part of the planned well design or a similar well, and
    b) information about the well, including about design and construction of the well and the subsurface surroundings, including the geological strata and formations, fluids in these and all risks the strata and formations may contain.
  2. preparation of reports by the independent verifier on
    a) the review carried out,
    b) the result of the review, and
    c) recommendations on remedial measures.
  3. measures taken by the operator on the basis of the report mentioned in no. 2.
  4. records by the operator on measures taken on the basis of the report mentioned in no. 2.
  5. any other activities linked to the measures described in nos. 1-4, or which can be carried out pursuant to section 40(2) and section 42.

40.-(1) The independent verification scheme shall cover the conditions stipulated in section 42.

(2) The operator shall ensure that the independent verification scheme is assessed and changed as often as necessary to fulfil its purpose.

41.-(1) The operator shall prepare a description of the independent verification scheme containing at least the following:

  1. A description of the criteria for selecting the independent verifier who will carry out functions pursuant to the verification scheme, cf. section 43.
  2. A description of measures to verify that the well has been designed and constructed and maintained to such a degree that:
    a) there is no unplanned escape of hazardous substances from the well to the extent that this is reasonably practicable, and
    b) the health and safety risks deriving from the well and conditions in the well, or in strata to which the well is connected, are at a level as low as reasonably practicable.
  3. Details about measures to carry out the functions pursuant to the scheme, including
    a) a review of the well design, or a similar well, carried out by the independent verifier, cf. section 39(2), no. 1(a),
    b) a review of information required pursuant to section 39(2), no. 1(b), and
    c) the assessment of the verification scheme, cf. section 40(2).

(2) The description pursuant to subsection (1) shall be part of the operator’s management system for health and safety, cf. section 19 of the Offshore Safety Act.

(3) The description pursuant to subsection (1) shall be submitted to the Danish WEA no later than at the same time as the application for approval of new well operations pursuant to section 28a of the Offshore Safety Act.

(4) The description pursuant to subsection (1) shall be updated in connection with material changes to the verification scheme and the update shall be submitted to the Danish WEA.

42. The independent verification scheme shall include the following:

  1. Principles used by the operator to
    a) select the independent verifier who is to carry out functions under the scheme, cf. section 43, and
    b) assessment of the scheme, cf. section 37(2).
  2. A system to communicate information to the independent verifier necessary for correct implementation of the verification scheme.
  3. type and frequency of investigations.
  4. A scheme to keep records containing
    a) the review carried out, cf. section 39(2), no. 1,
    b) the result of the review,
    c) recommended remedial measures, and
    d) the remedial measures taken.
  5. A system to communicate information about the conditions specified in no. 4 at an appropriate level in the management system of the operator.
  6. A scheme to assess the verification scheme.
    Selection of the independent verifier and requirements for the verifier

43.-(1) For the schemes pursuant to section 35(1) and section 39(1), the operator and the owner, respectively, shall ensure

  1. that the function of the independent verifier does not include consideration of any aspect of a safety and environmental critical element or any part of an installation or a well or a well design in which the verifier was previously involved prior to the verification activity or where the objectivity of the verifier might be compromised, and
  2. that the independent verifier is sufficiently independent of the part of the management system which includes or included responsibility for any aspect of a component covered by the schemes so as to ensure that the independent verifier carries out his or her functions objectively under the schemes.

(2) The operator or the owner, respectively shall ensure compliance with the following provisions regarding the schemes pursuant to section 35(1) and section 39(1):

  1. The independent verifier has suitable technical competence, including where necessary, suitably qualified and experienced personnel in adequate numbers who fulfil the requirements of subsection (1).
  2. Tasks pursuant to the scheme are appropriately allocated by the independent verifier to personnel qualified to undertake them.
  3. Suitable arrangements are in place for the flow of information between operators or owners and the independent verifier.
  4. The independent verifier is given suitable authority to be able to carry out the functions effectively.

Scheme for independent verification of other health and safety matters

44. If the operator and the owner, respectively, uses independent verification pursuant to section 21(6) of the Offshore Safety Act, or regulations stipulate that the operator and the owner, respectively, shall use independent verification pursuant to section 22(2) of the Offshore Safety Act, the verification scheme, selection of independent verifier and the requirements for verifier shall be in accordance with the provisions in sections 35-37 and 43.

Part 9 - Safety and health documents

45.-(1) According to section 24 of the Offshore Safety Act, the operator and the owner, respectively, shall ensure that a safety and health document is prepared for an installation, connected infrastructure and pipelines that includes a description of the following:

  1. the operational conditions of the installation.
  2. the management system for health and safety pursuant to Part 7.
  3. the verification scheme pursuant to Part 8.

(2) The safety and health document shall also contain documentation of the risk assessment etc. pursuant to section 7 and the evacuation analysis pursuant to section 22(3), and make reference to other documents if applicable.

(3) The operator and the owner, respectively, shall ensure that representatives for the employees at the installation are involved in the preparation of the safety and health document or changes to the document, cf. section 23(4) of the Offshore Safety Act, pursuant to the Executive Order on Cooperation on Health and Safety in connection with Offshore Oil and Gas Operations.

(4) The safety and health document, or elements of this, may cover several fixed installations if these have the same operator or owner. This shall also apply to updates to the safety and health document during operation.

46.-(1) The documents pursuant to section 45(1) and (2) shall, among other things, include a description of the following:

  1. The areas in which monitoring devices measuring gas concentrations at specified places automatically and continuously, automatic alarms and devices to cut off power automatically from electrical installations and internal combustion engines have been installed.
  2. The necessary measures which have been taken to prevent the occurrence and accumulation of explosive atmospheres, and, where there is a risk of an explosion, the necessary measures to be taken to prevent the ignition of the potentially explosive atmosphere.
  3. The measures which have been taken to protect against, detect and combat the outbreak and spread of fires.
  4. How a remote control system has been developed to take over in emergency situations for systems for ventilation, emergency shutdown of equipment which could give rise to ignition, the prevention of the escape of flammable liquids and gas, fire protection and well control, etc.
  5. The extent to which permanently manned installations are equipped with:
    a) an acoustic and optical system capable of transmitting an alarm indication to every manned part of the workplace as necessary,
    b) an acoustic system capable of being heard distinctly in all parts of the installation where people on board are frequently present, and
    c) a system capable of maintaining communication with the shore and rescue services.

(2) The safety and health document for an installation, connected infrastructure or a pipeline prepared in accordance with sections 45 and 46(1) shall, as a minimum, contain the following:

  1. For a production installation, a fixed non-production installation, connected infrastructure or a pipeline: A description of the account taken of the supervisory authority’s response to the design notification pursuant to section 49.
  2.  Name and address of the operator and the owner, respectively.
  3. A summary of how the employees have been involved in the preparation of the safety and health document.
  4. A description of the installation, connected infrastructure or pipeline and any association with other installations or connected infrastructures or pipelines, including wells.
  5. For mobile non-production installations: A description of its means of transfer between locations, and its stationing system.
  6. A description of the types of operations with health and safety risks and risks of major environmental incidents to be carried out on the installation, connected infrastructure or pipeline, and the maximum number of persons that can be on the installation or connected infrastructure simultaneously.
  7. A description of systems and arrangements to ensure control of well operations, process safety, containment of hazardous substances and materials, prevention of fire and explosion, protection of employees from hazardous substances and materials, and protection of the environment in connection with major accidents or incidents with the potential of such accident.
  8. A description of the arrangements to protect persons on the installation or connected infrastructure from health and safety risks and risks of major environmental incidents, and to ensure safe escape, evacuation and rescue, and arrangements for the maintenance of control systems to prevent damage to the installation, connected infrastructure and the environment in the event that all persons are evacuated.
  9. Relevant codes, standards and guidance used in the construction and commissioning of the installation, connected infrastructure or pipeline.
  10. The internal emergency response plan or adequate description of the plan, cf. Executive Order on Emergency Response etc. in connection with Offshore Oil and Gas Operations, etc.
  11. Any other relevant details, for example where two or more installations operate in combination in a way which affects the risk of major accidents on either or all installations.
  12. All relevant information for other requirements in the Offshore Safety Act or in regulations issued pursuant to this Act.
  13. In respect of operations to be conducted from the installation, connected infrastructure or pipeline, any information relating to the prevention of major accidents resulting in a major environmental incident relevant to other requirements in the Offshore Safety Act or regulations issued pursuant to this Act, and which has been obtained pursuant to regulations on environmental impact assessments pursuant to the Subsoil Act.
  14. An assessment of the identified potential environmental effects resulting from the loss of containment of pollutants and materials arising from a major accident, and a description of the technical and non-technical measures envisaged to prevent, reduce or offset them, including monitoring.

47. In connection with an application for a permit to modify an installation, connected infrastructure or a pipeline pursuant to section 29 of the Offshore Safety Act, or an application for a permit to decommission a fixed installation, connected infrastructure or a pipeline pursuant to section 31 of the Offshore Safety Act, the updated safety and health document shall as a minimum contain the following information in addition to section 46(1) and (2):

  1. Sufficient details to fully update the previous safety and health document and associated internal emergency response plan for the installation and to demonstrate that health and safety risks and risks of major environmental incidents have been reduced to a level as low as reasonably practicable.
  2. In the case of taking a fixed installation, connected infrastructure or a pipeline out of use:
    a) Means of isolating all hazardous substances and, in the case of wells connected to the installation, permanent sealing of the wells from the installation, connected infrastructure and the environment,
    b) A description of health and safety risks associated with the decommissioning of the installation, connected infrastructure or pipeline to persons and the environment, the total exposed population, and the risk control measures,
    c) Emergency response arrangements to secure safe evacuation and rescue of persons and to maintain control systems for preventing a major environmental incident.

48.-(1) The safety and health document shall be subject to a thorough periodic review by the operator and the owner, respectively, however at least every five years, or when required by the supervisory authority. The five years shall be calculated from the time when the supervisory authority has issued a permit pursuant to section 28, section 28a or section 29 of the Offshore Safety Act, or from the time of the last thorough review. A summary of the thorough review and the result hereof shall be submitted to the supervisory authority by no later than one month after this is available.

(2) The operator and the owner, respectively, shall ensure that physicians, occupational health clinics and health authorities responsible for occupational health assessments have access to the safety and health document when this is relevant for employee health checks.

Part 10 - Notifications, approvals and permits etc.

49.-(1) The design and relocation notification pursuant to section 27(3) of the Offshore Safety Act shall contain, as a minimum, the information stated in Part 1 of Annex 3.

(2) The notification pursuant to subsection (1) shall be submitted to the Danish WEA by no later than at the same time as the application for approval of a development plan pursuant to section 10 of the Act on the Use of the Danish Subsoil in order to facilitate possible remarks from the supervisory authority.

(3) The supervisory authority shall be notified as quickly as possible in connection with modifications to the design as a consequence of remarks from the supervisory authority, cf. subsection (2).

50.-(1) Applications for approval of well operations, cf. section 28a of the Offshore Safety Act, shall be submitted to the supervisory authority within a date specified by the supervisory authority before the operations commence.

(2) Applications for approval of material changes to well operations, cf. section 28a of the Offshore Safety Act, shall be submitted to the supervisory authority before the changes are implemented.

(3) Applications pursuant to subsection (1) shall, as a minimum, include the information specified in part 2 of Annex 3.

(4) Applications pursuant to subsection (2) shall contain information about the changes intended as well as the elements of part 2 of Annex 3 that affect the change.

(5) In connection with material changes to well operations, the operator shall involve the independent verifier in the planning and preparation of such changes before submitting an application for approval of the changes to the Danish WEA, cf. subsection (2).

51. After commencement of the well operations covered by the approval requirement in section 28a of the Offshore Safety Act, the operator shall submit the company's own daily reports (drilling reports) about the operations to the Danish WEA. The report shall contain, as a minimum, the information set out in Annex 4.

52.-(1) Applications for permits to make material modifications, cf. section 29 of the Offshore Safety Act, shall be submitted to the Danish WEA within a date specified by the Danish WEA.

(2) Applications for permits pursuant to subsection (1) shall contain a description of the modifications and an overall time schedule for the construction and installation process.

53.-(1) Applications for permits for combined operations, cf. section 29a of the Offshore Safety Act, shall be submitted to the Danish WEA within a date specified by the Danish WEA.

(2) The application shall at least, in addition to updated safety and health documents for each of the involved installations, cf. section 29a(1) and section 29(2) of the Offshore Safety Act, contain the information specified in part 4 of Annex 3.

Part 11 - Exemptions

54. The Danish WEA may, where special circumstances so warrant, grant exemptions from this Executive Order, provided that doing so is deemed reasonable and wholly justifiable from a health and safety perspective, and to the extent that doing so is commensurate with the directives implemented by this Executive Order.

Part 12 - Penalties

55.-(1) Unless a more severe penalty is due under the Offshore Safety Act or other legislation, anyone who violates sections 5-9, section 10(2)-(3) section 11, section 12(1)-(3), sections 13-16, section 17(1), nos. 1 and 2, subsections (2) and (3), sections 19-21, section 22(1), (3) and (5), section 23, section 24(1)-(3), (5) and (6), sections 25-26, section 27(2), section 28(1), section 29(1) and (3), section 30, sections 31-33, 35-44, section 45(1)-(3), section 46 or section 48, shall be subject to a fine.

(2) For violation of the provisions of subsection (1), within the framework of section 71 of the Offshore Safety Act, the employer may be subject to a fine, notwithstanding the fact that the violation cannot be attributed to the employer as intentional or negligent. A condition for the individual employer being subject to a fine is that the violation can be attributed to one or more persons attached to the enterprise, or to the enterprise itself. No alternative penalty shall be stipulated in lieu of such a fine.

(3) Companies, etc. (legal persons) may incur criminal liability according to the regulations in chapter 5 of the Criminal Code.

Part 13 - Entry into force

56. This Executive Order shall enter into force on 1 November 2015.

(2) Executive Order no. 729 of 3 July 2009 on Control of Health and Safety on Offshore Installations shall be repealed.

(3) Sections 5-9, section 12, section 22(5) and (6), section 23, in respect of risks of major environmental incidents, sections 30-33 and sections 35-53 shall apply from and including 19 July 2016 for operators planning or carrying out well operations and for owners of planned non-production installations and pipelines and operators of planned production installations and connected infrastructure not authorised pursuant to section 28 of the Safety etc. for Offshore Facilities for Exploration, Production and Transportation of Hydrocarbons Act, cf. Consolidated Act no. 520 of 13 May 2013, as of 19 July 2015. Until such time, the existing rules shall apply, including the associated penalty provisions, cf. Part 12.

(4) Sections 5-9, section 12, section 22(5) and (6), section 23, in respect of risks of major environmental incidents, sections 30-33 and sections 35-53 shall apply from and including 19 July 2018 for installations and connected infrastructure for which an operating license was granted according to section 28 of the Safety etc. for Offshore Installations for Exploration, Production and Transportation of Hydrocarbons Act, cf. Consolidated Act no. 520 of 13 May 2013, before 19 July 2015. Until such time, the existing rules shall apply, including the associated penalty provisions, cf. Part 12.

(5) Section 22(5) and (6) shall apply for new evacuation analyses or when updating existing evacuation analyses pursuant to section 22(4), where these have been completed after 15 July 2009.

Danish WEA, 23 October 2015

Peter Vesterheden / Katrine Krone