Safety, Health and Welfare (Offshore Installations) Act, 1987
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PART V Offences, Legal Proceedings and Penalties | ||
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Offences. |
34.—(1) (a) In case an installation manager by act or omission contravenes or fails to comply with section 16 , 17 , 21 (2), 25 , 28 or 30 of this Act he shall be guilty of an offence. | |
(b) In case the owner of an offshore installation fails to comply with the requirements of section 11 (4) of this Act, of a notice under section 26 (3) of this Act, or of a direction under section 26 (6) of this Act, or in case a condition imposed under section 12 (2) of this Act is not complied with, he shall be guilty of an offence. | ||
(2) (a) In the event of an installation manager's failing to comply with or contravening section 10 (1), 14 , 16 , 17 , 25 or 30 of this Act, the owner of the relevant offshore installation shall, subject to the provisions of this Act, be guilty of an offence. | ||
(b) In case an installation manager commits an offence under this section by reason of his failure to comply with section 21 (2) of this Act and the offence is committed with the consent, connivance or approval of the owner of the offshore installation concerned, such owner shall also be guilty of the offence. | ||
(3) In the event of a contravention in relation to an offshore installation of section 12 (1) or 14 of this Act because for the time being no installation manager or other person stands appointed in pursuance of and in accordance with section 11 (1) of this Act, or because the installation was used under the supervision of a person other than the installation manager for a period exceeding that permitted by section 12 (2) of this Act, the owner of the installation shall be guilty of an offence. | ||
(4) In the event of the employment of a person in contravention of section 14 of this Act by a person other than the relevant installation manager, that installation manager shall, subject to the provisions of this Act, be guilty of an offence. | ||
(5) (a) Any person who by act or omission contravenes— | ||
(i) a regulation under this Act, or | ||
(ii) a condition specified in a regulation under section 14 (4) of this Act, or | ||
(iii) a condition, other than a condition so specified, contained in a regulation under this Act being a condition to which a declaration under section 5 (4) of this Act relates but not being a condition to which the provisions of section 13 (3) of this Act regarding construction applies, | ||
shall be guilty of an offence. | ||
(b) Any person who contravenes section 26 (5) or 26 (8) of this Act shall be guilty of an offence. | ||
(6) Any person who fails to comply with a requirement made by the Minister under section 6 (1) of this Act shall be guilty of an offence. | ||
(7) Any person who fails to comply with section 9 of this Act shall be guilty of an offence. | ||
(8) (a) Any person who fails to comply with subsection (1) or subsection (5) of section 10 of this Act shall be guilty of an offence. | ||
(b) (i) Any owner of an offshore installation who fails to comply with a requirement referred to in section 10 (4) (a) of this Act shall be guilty of an offence. | ||
(ii) Any installation manager who fails to produce a certificate pursuant to the requirements of section 10 (4) (a) of this Act shall be guilty of an offence. | ||
(c) Any person who uses, or causes to be used, in contravention of section 10 (4) (b) of this Act any fitting or other part to which a condition referred to in the said section 10 (4) (b) relates shall be guilty of an offence. | ||
(9) Any installation manager or other person who fails to exercise the daily personal supervision required to be exercised by him by section 12 (1) of this Act shall be guilty of an offence. | ||
(10) If a person subject to the authority of the manager of an offshore installation to which this Act applies wilfully disobeys a lawful command given to him by the manager in the exercise of that authority, he shall be guilty of an offence. | ||
(11) If an installation manager or owner fails to comply, or ensure compliance, with section 13 (2) of this Act, he shall be guilty of an offence. | ||
(12) Any person who employs a person in contravention of section 14 of this Act shall be guilty of an offence. | ||
(13) Subject to section 19 (4) of this Act, any person who contravenes subsection (1), (2) or (3) of section 15 of this Act shall be guilty of an offence. | ||
(14) Any person who fails to comply with section 18 (1) of this Act shall be guilty of an offence. | ||
(15) Any person who while employed on, in or in the neighbourhood of an offshore installation to which this Act applies does not wear or otherwise appropriately use at work facilities, equipment, clothing or materials provided in pursuance of section 18 of this Act or of regulations thereunder for his protection shall be guilty of an offence. | ||
(16) Any person who contravenes section 19 (1) or subsection (1) or (2) of section 20 of this Act shall be guilty of an offence. | ||
(17) Any person who fails to comply with the provisions of section 22 (5) of this Act shall be guilty of an offence. | ||
(18) (a) Any installation manager who fails to comply with subsection (1) or (2) of section 27 of this Act shall be guilty of an offence. | ||
(b) Any person who contravenes section 27 (4) of this Act shall be guilty of an offence. | ||
(19) (a) (i) Any person who fails to comply with a requirement of a notice served on him under section 32 (1) of this Act or who fails to comply with a requirement made by the Minister under section 32 (3) of this Act, shall be guilty of an offence. | ||
(ii) Any owner or manager of an offshore installation who fails to give facilities required to be given by section 32 (3) of this Act shall be guilty of an offence. | ||
(b) Any person, other than the owner or manager of the relevant offshore installation, who fails to give facilities required to be given by section 32 (3) of this Act shall be guilty of an offence. | ||
(20) (a) A person who— | ||
(i) fails to comply with any requirement imposed by an inspector under section 41 of this Act, or | ||
(ii) prevents, or attempts to prevent, any other person from appearing before an inspector or from answering any question to which an inspector may, by virtue of subsection (1) of section 41 of this Act, require an answer, or | ||
(iii) without permission granted by an inspector, removes from an offshore installation to which this Act applies or conceals or tampers with any machinery, apparatus or other article of which possession has been taken by an inspector under section 41 of this Act, or | ||
(iv) obstructs or otherwise interferes with an inspector in the exercise or performance of his powers or duties, shall be guilty of an offence. | ||
(b) Any person who acts in contravention of section 41 (2) (c) of this Act shall be guilty of an offence. | ||
(21) Any person who contravenes a prohibition or restriction imposed, or who fails to comply with a requirement imposed or made, under section 42 of this Act by an inspector shall be guilty of an offence. | ||
(22) A person who makes a deduction in contravention of section 46 of this Act shall be guilty of an offence. |