Document 1780250

Health and Safety
Executive
EQ1 Equality impact assessment
Impact Assessment
This is an initial impact assessment
Assessor details
Assessment date
Contact details for
lead assessor
Redgrave Court
Job title for lead
assessor
Policy Advisor
Full unit name
HID SI POL
07/11/2011
Proposal details
Name of proposal
Replacing the Health & Safety at Work Act etc. 1974 (Application Outside Great Britain) Order 2001
Purpose/aim of proposal
The Health & Safety at Work Act etc. 1974 (Application Outside Great Britain) Order 2001 extends the
'prescribed provisions' of the Health & Safety at Work Act etc. 1974 (HSWA) beyond the mainland of
Great Britain to specified offshore areas and work actities in the territorial sea and designated areas.
This Order has been amended by two Variation Orders (the 2009 Variation Order, which expired in
April 2011) and the 2011 Variation Order. The 2011 Order has a sunsetting provision which means
HSE will only have jurisdiction to regulate the work activities subject to the order and the extended
provisions of the HSWA until April 2013. By introducing a new Health & Safety at Work Act etc. 1974
(Application Outside Great Britain) Order 2013, HSE will be able to:- a) retain regulatory jurisdiction
over high risk work activities offshore, b) consolidate the requirements of the 2011 Variation Order, c)
regulate offshore Emerging Energy Technologies, d) ensure developing future offshore technologies
are covered by the order, e) provide regulatory clarity gained from operational experience over the last
10 years, and f) continue to provide workers with the protection from the risks associated with this high
hazard industry.
Who will benefit from the proposal?
There are approximately 27,500 workers who are employed in the UK's offshore oil and gas industry.
All will benefit from the protection that this regulation provides to them arising from the risks found in
this hazardous working environment. Employers, Duty holders, Trade Unions etc. will benefit from
having regulatory clarity to deliver their legal responsibilities that will support the upkeep of the UK's
high safety standards and culture. HSE will engage with all its offshore related stakeholders on the
proposed content and changes contained within the new 2013 Order, through a public consultation
exercise that will commence in April 2012.
Information and data (evidence) used
1. Results from the 12 week public consultation, once known. 2. The Dept. of Energy and Climate
Change Select Committee report 2011, on UK Deepwater drilling (arising from the Deepwater Horizon
incident in the Gulf of Mexico April 2010, where 11 men died and 17 other injured), made 25
conclusions and recommendations, one particular conclusion was that the UK has high offshore
regulatory standards and worker protection provided by HSE's suite of offshore regulations. Retaining
the currancy of these regulations is key to safeguarding the oil and gas industry and all who work within
it.
Consultation details
HID's Offshore Policy Team, is continually working with the offshore industry via the Oil Industry
Advisory Committee (consisting of employers representatives, employees, Trade Associations, Unions
and Govt. Depts) to cascade information on the proposals / introduction of the 2013 Order. We have
identified over 120 stakeholders ranging from other Govt. depts, Trade Unions, Corporations,
Universities, Energy associations and Institutions with whom we will be consulting during 2012, on the
proposed new 2013 Order.
What is the likely impact identified for any group and why?
The introduction of a new Health & Safety at Work Act etc. 1974 (Application Outside Great Britain)
Order 2013, is envisaged to have a neutral impact in relation to equality issues. The Order has in the
past and through the new Order will continue to protect all workers irrespective of their gender, race,
age etc. etc. No negative impact has been identified for any group.
Summary of impact on equality
There will not be a negative impact on race
Reason
There will not be a negative impact on disability
Reason
There will not be a negative impact on gender
Reason
There will not be a negative impact on age
Reason
There will not be a negative impact on religious beliefs
Reason
There will not be a negative impact on sexual orientation
Reason
There will not be a negative impact on gender reassignment
Reason
There will not be a negative impact on pregnancy
Reason
There will not be a negative impact on maternity
Reason
Could the impact be reduced or removed?
Not applicable
Does the proposal have a positive impact on any group
All employers and employees engaged within the UK's oil and gas industry will continue to receive the
protection the legislation provides. In addition it will ensure those involved in high risk decommissioning
activities and wind farm construction can be regulated and protected, also those involved in emerging
energy technologies (e.g. combustible gas storage, carbon dioxide storage and underground coal
gasification)
Further information
Are there any noteworthy points or observations arising from the screening/assessment?
HSE will feedback to all its stakeholders on the results and findings that arise from the consultation
exercise. Also on the recommendations it will put to Government on the way forward
What additional information is required to assess that there might be a negative impact in
relation to a particular group?
None
You have to monitor/evaluate the process to check implementation has been successful
The Equality Impact Assessment will be reviewed by Mike Readitt & Karen McDonough following the
evaluation of the replies to the public consultation. This is envisaged to happen around August 2012
and the EIA will be updated accordingly to reflect any Equality issues that may arise.
Conclusion
Should the public consultation identify any impact on a particular group or equality issue, then this will
be fed into and update this Equality Impact Assessment
Review date
01/08/2012
Submission date
04/11/2011
Diversity team approval
Assessor details
Lorraine Newbury
Comments/Reason for rejection
Content is fine. The fact that the document will be updated should the public consultataion identify any
impact on a particular group or equality issue has been noted.