Operation of Installations, Connected Infrastructure and Pipelines in connection with Offshore Oil and Gas Operations etc.

Executive Order No. 1338 of 26 November 2015 issued by the Danish Ministry of Labour - unofficial version

Executive Order on Operation of Installations, Connected Infrastructure and Pipelines in connection with Offshore Oil and Gas Operations etc.

The following shall be laid down pursuant to section 18(7), section 22(2), section 43, section 55(1), section 57, section 61(4) and section 72(1) of the Offshore Safety Act, cf. Consolidated Act no. 831 of 1 July 2015 and with authorisation pursuant to section 61(3) of this Act:

I - Introductory provisions

Part 1 - Scope and definitions

1.-(1) This Executive Order shall apply to installations, connected infrastructure and pipelines in connection with offshore oil and gas operations, as defined by 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, sections 3-35 and sections 38-55 shall not apply.

(3) This Executive Order shall also apply to operations in connection with an installation or connected infrastructure if the operations are subject to the Act on the Use of the Danish Subsoil and if these operations carry health or safety risks.

(4) This Executive Order shall encompass the performance of work, use of the installation, installation components and equipment, well operations, and all associated work functions, including erection, installation, filling of pipes, pressure vessels or transportable containers, use, suspension of operations, operation and monitoring, inspection and maintenance, adjustment, repair, cleaning and other maintenance.

2. For the purposes of this Executive Order

  1. "Use in connection with equipment" shall mean: Any use of equipment and all associated work functions, such as use, suspension of operations, operation and monitoring, maintenance, adjustment, repair, cleaning and other maintenance of the equipment.
  2. "The accommodation" shall mean: Sleeping rooms, messes, recreation rooms, shower rooms and toilet compartments, treatment rooms and kitchen facilities forming part of a permanently manned installation or located on ships or other facilities used as accommodation for persons working on other installations.
  3. "Element" shall mean: Installation components, equipment or non-physical components, e.g. computer software.

(2) For the purposes of this Executive Order "equipment" shall mean:

  1. Machinery, containers, apparatuses, tools and other similar devices that:
    a).are used in the processing of a product,  
    b) are used in order to bring about a work result, including for transport and storage, or 
    c) serve in the performance of a technical process.
  2. Parts of such devices, prefabricated structures and any other manufactured object intended to form a finished unit together with other objects.

II - Common provisions for all installations

Part 2 - Performance of Work 

Planning and organisation of work

3. All aspects related to the work shall be planned and organised in such a way that health and safety risks, as well as the risks of major environmental incidents, are reduced to a level as low as reasonably practicable. Planning and organisation of work shall take place adhering to the principles of prevention mentioned in Annex 1 to the Executive Order on Management of Safety and Health etc. in connection with Offshore Oil and Gas Operations etc. It shall be observed that no structures, plans, detailed solutions and working methods that may be dangerous to, or otherwise, impair health and safety on performance of work are prescribed or assumed.

4. When planning new or changing existing workplaces, work processes and methods, introducing new technology, acquiring equipment, personal protective equipment and substances and materials, health and safety conditions shall be brought into compliance with general and special requirements laid down in the Offshore Safety Act and regulations pursuant hereto.
Performance of work

5.-(1) All aspects related to work shall be performed so as ensure that health and safety risks are reduced to a level as low as reasonably practicable on the basis of an individual and collective assessment of the physical, ergonomical and psychosocial conditions of the working environment which in the short or the long term may affect the physical or mental health.

(2) As part of work to reduce health and safety risks pursuant to subsection (1), work processes that, in the short or long term appear physically or psychologically harmful or stressful, shall be mechanised and automated with due regard to technological developments.

(3) Recognised norms and standards shall be followed, cf. section 54(1) of the Offshore Safety Act.

(4) Norms and standards according to subsection (4) may nevertheless be derogated from in cases where doing so is appropriate in order to achieve a higher level of health and safety, or as a result of technical developments. Such derogation presupposes that the health and safety risks are reduced to a level as low as reasonably practicable, cf. section 54(2) of the Offshore Safety Act.

(5) If work is particularly likely to involve a health and safety risk, breaks and limited working time for such work shall be introduced if this risk cannot be reduced in any other way. The same shall apply to work requiring special work clothing and personal protective equipment.

6.-(1) In connection with the performance of work, the employee's age, insight, ability to work and other qualifications shall be taken into account for the purpose of reducing the health and safety risks of the work to a level as low as reasonably practicable.

(2) Particularly sensitive risk groups, including pregnant women, shall be protected against the dangers which are specifically affecting them.

(3) When the employer is notified that an employee is pregnant, the employer shall ensure that the assessment of health and safety risks, cf. the Executive Order on Management of Safety and Health etc. in connection with Offshore Oil and Gas Activities etc., includes an assessment as to whether the employee is exposed to impacts that may endanger the pregnancy, cf. in particular agents, working processes and working conditions as mentioned in Annex 1.

(4) If it is assessed that there is a risk that a pregnant employee is exposed to the impacts mentioned in subsection (3), it shall be determined on the basis of an assessment of the nature, extent and duration of the individual impact whether such risk will have an adverse effect on the pregnancy. If this is the case, measures shall be taken pursuant to subsections (5) and (6) to counter this.

(5) If possible, such measures shall comprise technical measures or arrangement of the workplace. Where it is not reasonably practicable to achieve adequate protection of the employee in this way, the risk shall be prevented through measures in connection with planning and organisation of the work, including, if necessary, changing working hours and limiting night work.

(6) If it is not possible to comply with subsection (5) above, the measures may include transfer to other jobs which do not involve any danger to the health and safety of the pregnant employee.

(7) Where the measures referred to in subsections (5) and (6) are not assessed to be adequate to prevent the risk to the health and safety of the pregnant employee, such employee shall not be engaged in the work concerned.

7.-(1) In connection with the performance of work, efforts shall be made to ensure

  1. that monotonous work involving a risk of physical or mental impairment to health in the short or the longer term is avoided or alleviated; 
  2. that the pace of work does not involve any risk of physical or mental impairment to health in the short or the longer term; and 
  3. that work in isolation which may involve a risk of physical or mental impairment to health is avoided or alleviated;

8. In connection with the performance of work, it shall be ensured that the work does not involve a risk of physical or mental impairment to health as a result of bullying, including sexual harassment

9. In connection with the performance of work, it shall be ensured:

  1. that, considering technological developments, the arrangement of workplaces, choice of fittings, equipment as well as working and production methods suit the users as far as possible,
  2. that suitable and effective equipment such as lifting devices and means of transport, etc. are available to the extent necessary to ensure that health and safety risks are reduced to a level as low as reasonably practicable.

10. If the work entails a particular danger to employees who work alone, the work shall be arranged such as to counter the danger. If this is not possible, the employee may not work alone.

11. Steps shall be taken to ensure that only employees who have received adequate instructions may have access to areas where there is a particularly serious danger, or such danger may arise.

12. If, in connection with certain jobs, the physical or mental state of an employee may present increased an risk to the employee himself or his surroundings, the employee shall not be engaged in such work. The employee shall draw attention to such conditions himself.

Part 3 - Use of equipment

General provisions

13. It shall be possible to use equipment in such a way that health and safety risks, as well as the risks of major environmental incidents are reduced to a level as low as reasonably practicable.

14.-(1) Equipment used in the performance of a job shall be suitable or adapted for the job such that the health and safety risks and risks of major environmental incidents are reduced to a level as low as reasonably practicable.

(2) The choice of equipment shall take into account the conditions under which it is to be used, as well as the risks that may arise when using the relevant equipment.

(3) When observing existing requirements concerning the use of equipment, full consideration shall be taken to the relevant workplace and the work position during use as well as other ergonomical conditions.

(4) If the use of equipment nevertheless carries health and safety risks, this shall be addressed by suitable measures such as protective screens, ventilation and special safety equipment or other technical safety precautions ensuring that the health and safety risks are reduced to a level as low as reasonably practicable.

15. Equipment may only be used if it meets the requirements applicable for its construction, fittings, security etc. under the regulations in the Offshore Safety Act regarding the design of equipment and other special regulations stipulated in this respect.

16. Equipment shall be installed, designed and used in such a way that health and safety risks, as well as the risks of major environmental incidents, are reduced to a level as low as reasonably practicable. Thus it shall be ensured that there is sufficient space between the moving parts of the technical equipment and fixed or moving parts in its environment, and such that all forms of energy, substances and materials used or produced can be supplied and removed in a safe manner.

Installation

17.-(1) Equipment shall be installed in such a way that health and safety risks, as well as the risks of major environmental incidents, are reduced to a level as low as reasonably practicable.

(2) In this regard, it must be ensured that

  1. surface, support, attachment and stability are safe, considering the weight, form and use of the equipment, 
  2. noise, vibrations or other oscillations from the equipment are countered as effectively as possible by installing the equipment on a vibration-insulating base, by providing protection screens or by taking other protective measures, 
  3. hazards and nuisances from heat, dust, smoke, vapours, gases, etc. emitted from the equipment and any other associated risk factors are countered effectively, 
  4.  the positioning and manner of installation are such that health and safety risks, as well as the risk of major environmental incidents, are reduced to a level as low as reasonably practicable, and 
  5.  the positioning and manner of installation do not preclude operation of and other work on the equipment being performed in such a way that health and safety risks, as well as the risk of major environmental incidents, are reduced to a level as low as reasonably practicable.

(3) Installation and dismantling of equipment shall take place under safe conditions, in particular observing any instructions from the manufacturer.

Instruction manuals

18.-(1) To the extent that it has a bearing on health and safety in connection with the use of equipment, there shall be an instruction manual that includes adequate information about the use of the equipment.

(2) If malfunctions, automation failures or other extraordinary circumstances relating to the equipment may cause hazardous conditions, the instruction manual shall provide a warning in this regard and, to the extent possible, instructions regarding the safety measures to be taken in such situations.

(3) Instruction manuals shall be updated on an ongoing basis, including on the basis of experience gained from using the equipment.

(4) The instruction manual shall be written in Danish, unless otherwise stipulated by special provisions, or where safety considerations call for the use of another language. The instruction manual shall be readily accessible and, to the extent possible, written directly on the equipment.

Use etc.

19.-(1) Equipment may only be used for the work functions and under the conditions it is designed for, such that restrictions arising therefrom are not exceeded to the detriment of health and safety.

(2) Safety devices or other safety equipment shall be used according to purpose, and the safety measures prescribed shall be observed.

(3) Such devices and equipment may not be used under circumstances that pose particularly serious danger, unless effective safety measures against this have been taken. If required, appropriate measures to protect against the consequences of lightning bolts shall be taken.

20. Starting, stopping, reversing or other changes or intervention in operations or the adjustment of equipment shall take place in accordance with the guidelines and instructions provided for this. This may only take place after having assured that this can take place without risk.

21.-(1) During cleaning, repair, maintenance and similar work on equipment, such equipment shall be stopped and effectively secured against restarting as much as possible, taking into consideration the relevant work. If this is not possible, measures shall be taken that effectively ensure that the work can be performed in such a way that health and safety risks are reduced to a level as low as reasonably practicable.

(2) If, under special work operations, the equipment may otherwise pose a risk that persons might come into contact with hazardous components or substances and materials, or in any other way be exposed to hazardous impacts, this shall be countered in an effective manner.
Instruction and training

22.-(1) Employees shall be instructed and, if required, trained in use of the equipment that they are required to use for their work, so that health and safety risks, as well as the risks of major environmental incidents, are reduced to a level as low as reasonably practicable when such employees are using the equipment.

(2) Employees shall be made aware of relevant risks in connection with equipment in their immediate work surroundings as well as relevant changes affecting equipment in their immediate work surroundings, even if they do not use such equipment directly.

(3) The instruction and training shall, as a minimum, cover the matters mentioned in sections 18-21.

23. If use of equipment poses particular danger to the person employed to use this equipment, or other persons, the employer shall ensure that this equipment is only used by persons specifically designated to do so and persons who have received the required instruction and training.

Damage to and defects on equipment

24. In the event of defects on or damage to equipment that may pose a risk of accidents or health hazards, or if there are circumstances that may mean that operating, monitoring or inspection bodies on which the safety of the equipment depends do not function as intended, the equipment shall be removed from service in an appropriate manner until the defects have been remedied.

25. If the use of equipment is associated with risks to health or safety due to defects on the equipment or other special circumstances, for as long as the risk exists, appropriate measures shall be taken to prevent use. If possible the equipment shall be removed from the installation or site, dismantled or similar.
Specific provisions

26. With regard to the use of the equipment mentioned in Annex 2, in addition to sections 13-25, the detailed regulations laid down in the Annex shall apply.

Part 4 - Inspection and maintenance

General requirements

27.-(1) During appropriate inspection and maintenance of the installation and its elements, health and safety requirements laid down in the Offshore Safety Act, regulations pursuant hereto as well as recognised norms and standards shall continuously be observed. This includes conducting an appropriate inspection before use for the first time and before use after each reassembly and reinstallation. The instructions of the suppliers shall be followed, unless other instructions entail corresponding or lower health or safety risks or are prescribed in special regulations or ordered by the Danish WEA, cf. section 64 of the Offshore Safety Act.

(2) Inspection and maintenance pursuant to subsection (1) shall take place in accordance with recognised norms and standards and be carried out by persons with adequate training and skills.

(3) Norms and standards according to subsections (1) and (2) may be deviated from in cases where this is appropriate in order to achieve a higher level of health and safety, or as a result of technical developments. Such derogation requires that the health and safety risks are reduced to a level as low as reasonably practicable.

28. The operator and the owner, respectively, shall ensure that maintenance is planned such that disruption of the installation or safety and environmental critical elements are countered.

29.-(1) When the installation or its elements are exposed to impacts that may cause damage which may lead to dangerous situations, these shall be inspected in accordance with section 27(2). The inspection shall ensure compliance with the requirements for design and application of the installation or its elements and ensure that breakages are ascertained and remedied in good time. The inspection shall include:

  1. regular inspection of the installation or its elements, and if necessary, testing by an expert, cf. however, Parts 7 and 8. 
  2.  the installation or its elements shall undergo special inspection by an expert every time they are exposed to special conditions which may have entailed that use of the installation or its elements results in significant increases in health and safety risks and the risks of major environmental incidents, e.g. changes, accidents, acts of nature or prolonged periods of inactivity, cf. however, Parts 7 and 8.

(2) The results of the inspection of the installation or its elements shall be registered, stored or made available to the supervisory authority. Special regulations about registration etc. may be laid down in other regulations. If the elements of the installation are used on different installations, documentation for completion of the most recent inspection shall accompany the elements.

(3) Signs, notices and other labelling on the installation or its elements with information about its data, operation, etc. and any risks, shall be visible and clear.

Part 5 - Well operations

30.-(1) In connection with well operations, at least two tested well barriers with sufficient independence shall be established.

(2) If less than two independent barriers are working, other operations may not be carried out in the well than those intended to restore at least two independent barriers.

(3) Approved norms and standards shall be observed.

31. On loss of well control, recognised norms and standards shall be used to regain well control.

32.-(1) The blow-out preventer with attaching valves and other pressure management equipment shall

  1. be pressure tested and subject to functional tests according to the maintenance plan, cf. section 28, and 
  2. be subject to an overhaul and recertified every five years.

(2) The operations pursuant to subsection (1) shall be carried out in accordance with recognised norms and standards.

33. Norms and standards according to section 30(3), section 31 and section 32(2) may, however, be deviated from in cases where doing so is appropriate in order to achieve a higher level of health and safety, or as a result of technical developments. Such derogation requires that the health and safety risks are reduced to a level as low as reasonably practicable, cf. section 54(2) of the Offshore Safety Act.

34. If there are no recognised norms and standards, cf. section 30(3), section 31 and section 32(2), the health and safety risks shall be reduced to a level as low as reasonably practicable.

35.-(1) If the equipment mentioned in sections 30-32 of the safety and health document for the installation is stated as a safety or environmental critical element, the provisions on the scheme for independent verification of health and safety critical elements in the Executive Order on Management of Safety and Health etc. in connection with Offshore Oil and Gas Operations etc. shall apply.

(2) In the event of inconsistencies between section 32(1) and subsection (1), subsection (1) shall prevail.

Part 6 - Accommodation

36.-(1) Sleeping rooms designed for two people shall, as far as possible, be used such that each person can use the room alone.

(2) If the sleeping rooms are used by two people simultaneously, such sleeping rooms shall be separate for men and women.

37. Treatment rooms may also be used for other purposes provided this does not prevent use of the room for treating sick or injured persons.

III - Special provisions for production installations and fixed non-production installations

Part 7 - Mechanically driven lifting and hoisting devices

38.-(1) Sections 12-14, section 16(2), sections 17, 19-24 and section 25(1)-(2), of the Executive Order on Hoists and Winches, with later amendments pursuant to the Working Environment Act shall apply for:

  1. Mechanically driven a) hoists, which, using a carrier, lift a freely hanging load, and
    b) winches which, using one or several carriers, lift a load which is completely or partially controlled on its course, or which, using ropes, chains or similar, are used for pulling or towing.

(2) Elevators etc. are exempted from subsection (1), cf. Part 10.

39. If the provisions mentioned in section 38(1) state »in a sound manner« or »appropriately«, in the context of this Executive Order this shall mean that the safety risks shall be reduced to a level as low as reasonably practicable.

40. If the provisions mentioned in section 38(1) state »owner or user«, in the context of this Executive Order this shall mean operator or owner, respectively.

41. An easily accessible record book for the following mechanically driven hoists and winches shall be kept:

  1. Fixed hoists with a maximum load of more than 300 kg except for electric pulleys with a maximum working load of 1000 kg or less.
  2. Any hoist used at more than one installation site.
  3. Any hoist and winch designed to lift people.

42. Only persons in possession of a certificate may work as operators of hoists and winches which require such certificate, cf. Executive Order on Management of Safety and Health etc. in connection with Offshore

Oil and Gas Activities etc.

43. For specific types of hoist, or if conditions otherwise so dictate, the Danish WEA may determine that tests shall be conducted by an institution or enterprise accredited by the Danish Accreditation and Metrology Fund (DANAK) or by an equivalent recognised accreditation body that has signed the European co-operation for Accreditation (EA) multilateral agreement on mutual recognition.

44.-(1) Load tests, inspection and maintenance shall be more frequent if this results in a lower safety risk.

(2) Load tests, inspection and maintenance pursuant to subsection (1) may be at longer time intervals if this does not increase the safety risks.

Part 8 - Pressure equipment

Scope and definitions

45.-(1) Section 1, section 2(1), (2), nos. 1-5 and 9-11, and (3) and section 3 of Executive Order no. 100 of 31 January 2007 on the Use of Pressure Equipment, with later amendments shall apply, cf. however, section 59(3) and (4).

(2) Section 2(2), nos. 5 and 6 of Executive Order no. 99 of 31 January 2007 on the Design, Modification and Repair of Pressure Equipment, with later amendments shall apply.

General provisions

46.-(1) Modification, repair and use of pressure equipment shall be such that the health and safety risks are reduced to a level as low as reasonably practicable and in accordance with technical requirements and verification requirements in this Executive Order as well as requirements in the Executive Order on the Design of Pressure Equipment and the Executive Order on the Construction, Design and Equipment of Production Installations, Fixed Non-Production Installations, Connected Infrastructure and Pipelines in connection with Offshore Oil and Gas Operations etc.

(2) Pressure equipment and units may only be used if they meet the statutory requirements applicable for their construction, fittings, security etc.

47. Section 5 of Executive Order no. 100 of 31 January 2007 on the Use of Pressure Equipment, with later amendments shall apply.

Modification and repair of pressure equipment

48.-(1) With regard to modification and repair of pressure equipment, sections 7-10 of Executive Order no. 99 of 31 January 2007 on the Design, Modification and Repair of Pressure Equipment, with later amendments shall apply.

(2) If pressure-testing of pressure equipment and units in control class C pursuant to section 10(2), 2nd clause of the Executive Order mentioned in subsection (1) is assessed to be harmful or impossible to carry out, the equipment and units shall be verified pursuant to the requirements for verification of pressure equipment and units in control classes A and B, cf. sections 8 and 9 of the same Executive Order.

Installation, maintenance and use, etc. of pressure equipment

49.-(1) Sections 7-10 and 22-33 of Executive Order no. 100 of 31 January 2007 on the Use of Pressure Equipment, with later amendments shall apply.

(2) If »appropriately in terms of health and safety« is mentioned in the provisions mentioned in subsection (1), in this Executive Order this shall mean that the health and safety risks shall be reduced to a level as low as reasonably practicable.

Independent verification of pressure equipment

50.-(1) The operator shall establish a scheme for independent verification of pressure equipment, cf. section 44 of the Executive Order on Management of Safety and Health etc. in connection with Offshore Oil and Gas Operations etc.

(2) The verification shall cover the pressure equipment from when it is installed to when it is taken out of service.

Use of transportable pressure equipment

51. The provisions in the Executive Order on the Design etc. of Transportable Pressure Equipment shall apply in connection with use of transportable pressure equipment subject to Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on Transportable Pressure Equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.

52.-(1) Sections 1-27 and 29-44 of Executive Order no. 289 of 24 April 2001 on Transportable Pressure Equipment, with later amendments shall apply for transportable pressure equipment subject to Council Directive 1999/36/EC on Transportable Pressure Equipment, with later amendments.

(2) If »Working Environment Act« or »health and safety legislation« is mentioned in the provisions mentioned in subsection (1), in this Executive Order this shall mean the Offshore Safety Act and regulations issued pursuant hereto.

Part 9 - Electrical equipment

53.-(1) In connection with operating heavy duty electrical circuitry and electrical equipment, the provisions of the Act on heavy duty electrical circuitry and electrical equipment as well as regulations issue pursuant to this shall apply for production installations and fixed non-production installations.

(2) The Danish WEA shall be responsible for control and supervisory tasks that, pursuant to the Acts and regulations mentioned in subsection (1), are incumbent upon relevant authorities.

(3) Changes in, and installation of, heavy duty electrical circuitry and electrical equipment may only be carried out by an electrician authorised by the Danish Safety Technology Authority, cf. Act on the authorisation of electricians etc.

Part 10 - Use of elevators etc.

54.-(1) When using elevators etc. provisions in this regard in the Danish WEA Executive Order on the Use and Installation of Elevators etc. shall apply.

(2) Elevators etc. may only be used if they comply with the requirements applicable for their construction, fittings, security, etc. according to the Danish WEA Executive Order on the Design etc. of Elevators and the Executive Order the Construction, Design and Fittings of Production Installations etc.

Part 11 - Accommodation

55.-(1) In connection with construction, modification or major repair work, the Danish WEA may permit cabins for one person to be used temporarily by two people, cf. Executive Order on the Construction, Design and Equipment of Production Installations, Fixed Non-Production Installations, Connected Infrastructure and Pipelines in connection with Offshore Oil and Gas Operations etc. Detailed plans for the work mentioned, including a description of the work, its duration and the number of persons staying at the installation overnight shall be stated in the permit application.

(2) A permit pursuant to subsection (1) may only be issued if the cabins are suitably designed for this, have separate bathrooms and are only used by men or women separately. Furthermore, the other facilities in the accommodation, such as recreation rooms, changing rooms, wardrobes, etc. shall be reasonable in terms of the additional number of persons staying overnight.

(3) The Danish WEA may permit cabins on production installations and fixed non-production installations with an operating permit dated before 1988, where the cabins have been approved to accommodate two people simultaneously, to be used by three people in the situations mentioned in subsection (1) and on the conditions mentioned in subsection (2).

IV - Final provisions

Part 12 - Derogations, exemptions and appeals

56.-(1) The Danish WEA may permit derogations from the provisions of this Executive Order, including the provisions in other executive orders referred to, provided this is commensurate with the directives implemented by this Executive Order and provided the Danish WEA can establish that the health and safety risks and risks of major environmental incidents are still reduced to a level as low as reasonably practicable.

(2) Furthermore, the Danish WEA may, in exceptional circumstances, grant exemptions from this Executive Order, when this is deemed reasonable and appropriate in terms of health and safety, and provided it is commensurate with the directives implemented by this Executive Order and any EU Regulations applicable for the scope of this Executive Order.

57. Decisions by the Danish WEA pursuant to this Executive Order as well as pursuant to any EU Regulations applicable for the scope of this Executive Order may be brought before the Energy Board of Appeal in accordance with section 67 of the Offshore Safety Act.

Part 13 - Penalties

58.-(1) Unless more severe penalty is due under the Offshore Safety Act or other legislation, offenders shall be liable to a fine for:

  1. violating section 3, section 5(1)-(3) and (5), sections 7-36, sections 41 and 42, section 44(1), sections 46 and 50 and section 53(3), 
  2. violating the provisions referred to in section 38(1), sections 47-49, 51, section 52(1), section 53(1) and section 54 to the extent that the provisions are punishable under the Working Environment Act, or 
  3. disregarding the conditions for permits, approvals, recognition, authorisations and appointments under this Executive Order.

(2) For violations pursuant to subsection (1), within the framework of section 71 of the Offshore Safety Act, the employer may be subject to a fine, notwithstanding that the violation is not attributable 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 the enterprise as such. 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 14 - Entry into force etc.

59.-(1) These Regulations shall enter into force on 1 January 2016.

(2) Statutory Order no. 1482 of 14 December 2010 on operation etc. of offshore installations etc. with later amendments shall be repealed.

(3) Section 2, nos. 4 and 12 of Executive Order no. 1482 of 14 December 2010 on operation etc. of Offshore Installations etc. with later amendments shall apply until 19 July 2016 for installations and connected infrastructure for which a permit has not been granted on 19 July 2015 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.

(4) Section 2, nos. 4 and 12 of Executive Order no. 1482 of 14 December 2010 on Operation etc. of Offshore Installations etc. with later amendments shall apply until 19 July 2018 for installations and connected infrastructure for which an operating permit 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 was granted before 19 July 2015.

(5) Section 50 shall apply from and including 19 July 2016 for owners of planned non-production installations and pipelines and operators of planned production installations and connected infrastructure for which a permit has not been granted on 19 July 2015 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. Until then, sections 51, 61-66 and 68 and associated penalty provisions in Executive Order no. 1482 of 14 December 2010 on Operation etc. of Offshore Installations etc. with later amendments shall apply.

(6) Section 50 shall apply from and including 19 July 2018 for installations and connected infrastructure for which an operating permit was granted prior to 19 July 2015 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. Until then, sections 51, 61-66 and 68 with associated penalty provisions in Executive Order no. 1482 of 14 December 2010 on Operation etc. of Offshore Installations etc. with later amendments shall apply.

Danish Ministry of Employment, 26 November 2015

Jørn Neergaard Larsen/

/ Peter Vesterheden