Safety, Health and Welfare (Offshore Installations) Act, 1987

Safety and discipline etc. on offshore installations.

13.—(1) (a) Except as otherwise provided by this Act, the installation manager of an offshore installation to which this Act applies shall have in relation to it general responsibility for matters affecting safety, health or welfare and, where connected with safety, health or welfare, the maintenance of order and discipline, and for the discharge of that responsibility shall exercise authority over all persons on, in or in the neighbourhood of the installation.

(b) This subsection shall not be construed as extending to any matters for which another person is responsible as master, captain or person in charge of any vessel, helicopter or other aircraft, hovercraft or lighthouse.

(2) The installation manager of an offshore installation to which this Act applies shall not permit the installation to be used in any manner, or permit any operation to be carried out in, on or from the installation, if the seaworthiness or stability of the installation is likely to be endangered by its use in that manner, or by the carrying out of that operation or by its being carried out in the manner proposed, and it shall be the duty of the owner of the installation to ensure that the provisions of this subsection are complied with by the installation manager.

(3) Where at an offshore installation to which this Act applies there is an emergency or apprehended emergency endangering the seaworthiness or stability of the installation or otherwise involving a risk of death or serious personal injury, the installation manager may take or require to be taken any such measures as are necessary or expedient to meet or avoid the emergency, and no regulation or condition having effect by virtue of this Act or condition which this Act requires to be complied with shall be construed or be regarded as prohibiting or restricting the taking of such measures.

(4) (a) Where the installation manager of an offshore installation to which this Act applies has reasonable cause to believe that—

(i) there is employed on, in or in the neighbourhood of the installation a person who is under eighteen years of age, he may cause the person to be put ashore in the State,

(ii) it is necessary or expedient for the purpose of securing the safety of the installation or of persons on, in or about the installation or for the purpose of maintaining order and discipline among those persons, he may cause any person on, in or about the installation to be put ashore in the State,

and where any person on, in or about the installation has done or is about to do any act endangering or likely to endanger the safety of the installation or persons on, in or about the installation or the maintenance of order and discipline among those persons, or the installation manager with reasonable cause suspects him of havingdone or being about to do any such act, the installation manager may take or cause to be taken such other reasonable measures against him by restraint of his person or otherwise, as the installation manager thinks necessary or expedient.

(b) This subsection shall not be construed as extending to any matter for which another person is responsible as master, captain or person in charge of any vessel, helicopter or other aircraft, hovercraft or lighthouse.

(5) A person shall not be kept under restraint by virtue of subsection (4) of this section for longer than thirty-six hours unless—

(a) the intention is that he shall be put ashore in the State in accordance with that subsection at the earliest opportunity, and

(b) within those thirty-six hours notice of his being kept under restraint and of the reason for it is sent to the authority in the State prescribed for the purposes of this subsection.