Commonwealth Numbered Regulations - Explanatory Statements

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PETROLEUM (SUBMERGED LANDS) (OCCUPATIONAL HEALTH AND SAFETY) REGULATIONS (AMENDMENT) 1994 NO. 339

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 339

Issued by the authority of the Minister for Resources

Petroleum (Submerged Lands) Act 1997

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations (Amendment)

Sub-section 157(1) of the Petroleum (Submerged Lands) Act 1967 provides that, the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The Regulations relate to the duration of working hours under the Petroleum (Submerged Lands) Act 1967.

Details of the Regulations are set out below.

Regulation 1: amendment

Provides that the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations were amended as set out in these Regulations.

Regulation 2: New Regulation 4A

Provides for the insertion of Regulation 4A to avoid fatigue of persons engaged in operations under the Petroleum (Submerge Lands) Act 1967, by requiring an employer to not allow or require a person (an employee or contractor) to work for a continuous period or successive continuous periods which might reasonably be expected to adversely affect their own health or safety or that of any other person.

Attached are the Department of Primary Industries and Energy's guidelines on setting out the safe working periods recommended by the Department.

The regulations commenced on gazettal.

GUIDANCE NOTES ON REGULATION 4A ON DURATION OF WORKING HOURS

Personnel cannot be expected to work responsibly, reliably and therefore safely when they have been deprived of rest for excessive periods. This applies to all personnel working offshore.

Those responsible for offshore petroleum operations should set limits on the hours to be worked without a break for rest. Persons should not normally work more than 12 hours in any one day. Any period of work of more than 12 hours should be followed by a break of at least 8 hours.

The nature of the work being undertaken should be a significant factor in determining the appropriate mix between working hours and rest hours. For example, work which is particularly physically or mentally fatiguing requires a break after a shorter period than less demanding work. The nature of the work requirements for the next normal shift after a rest break should be taken into account in the assessing the appropriate length of that rest break.

If work is being undertaken where errors could lead to a significant safety threat, shorter working hours relative to less critical work should be considered. Consideration of the duration of any rest breaks which a person may have received during the working period, as well as the number of consecutive shifts where working hours exceed 12 hours, could also be taken into account in determining when an 8 hour or longer break is required.

Contractual arrangements should specify that relief personnel are to be provided where it can be anticipated that a particular job is likely to extend beyond 16 hours. Only in very exceptional circumstances should persons be asked to work beyond 16 hours without a break for rest. Such occasions should be subject to the approval of the person in command, and recorded by that person on the basis that health and safety requirements are not compromised.

So that personnel working offshore are not susceptible to excessive fatigue upon return to their base upon completion of their last rostered night shift and the risk of journey accidents is minimised, all such personnel should not be required to work additional hours and should be removed from the platform on the first available flight after completion of their shift.

All titleholders are reminded of their duty under Clause 11 of Schedule 7 of the Petroleum (Submerged Lands) Act 1967 which requires them, amongst other things, to secure the safety, health and welfare of persons engaged in petroleum exploration or production operations. They should be aware of their obligations under relevant State/NT occupational health and safety legislation. In these respects, it is the responsibility of the titleholder to ensure that operators, persons in command of a platform, sub-contractors and all employees are aware of their obligations towards maintaining a safe working environment, and in particular the need to avoid excessive working hours. They should also be aware of their obligations under Regulation 4A pursuant to Schedule 7 of the Petroleum (Submerged Lands) Act 1967 relating to hours of work and assist relevant persons in complying with this regulation.

Note: These guidance notes are not to be interpreted as replacing award conditions of employment


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