THE DANISH ENERGY AUTHORITY S GUIDELINES EXECUTIVE ORDER ON REGISTRATION AND NOTIFICATION OF INDUSTRIAL INJURIES PURSUANT TO THE OFFSHORE SAFETY ACT

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1 Translation THE DANISH ENERGY AUTHORITY S GUIDELINES TO EXECUTIVE ORDER ON REGISTRATION AND NOTIFICATION OF INDUSTRIAL INJURIES PURSUANT TO THE OFFSHORE SAFETY ACT (Executive Order No. 644 of 25 June 2008) Rev. 0 July

2 Rev. 0 July 2008 CONTENTS Document control 3 1. Introduction 3 2. Scope 3 3. Definitions 4 4. Registration of accidents, damage, near-miss incidents and diseases The operating company Purpose of registration Use of registration Scope of registration Form of registration 7 5. Notification of accidents Notification How to notify Additional information Notification of near-miss incidents Notification How to notify How to use the notification Notification of damage to property Notification How to notify Notification of work-related diseases Other conditions 18 APPENDIX 1. Examples of incidents 19 APPENDIX 2. Examples of serious personal injuries 21 APPENDIX 3. Categorisation of hydrocarbon discharge 22 2

3 Rev. 0 July 2008 Document control Revision number Amendment Amendment date 0 New guidelines 1 July Introduction These guidelines amplify the individual provisions of the Danish Energy Authority s Executive Order No. 644 of 25 June 2008 on Registration and Notification of Industrial Injuries, etc. pursuant to the Offshore Safety Act (the Notification Order) and the Danish Energy Authority s administrative practice. If the guidelines are observed, the Danish Energy Authority will consider the provisions in the order observed. These guidelines are structured in such a way that the text of the order is quoted in italics, whereas the guideline text is quoted on a white background. Further information can be obtained from the Danish Energy Authority s Energiindvindingsområde on tel , fax or safety@ens.dk. These guidelines and the said order are also available on the Danish Energy Authority s website They will not be published on paper, which means that updates will only take place electronically. Updates will be marked with a revision number and amendments to previous versions will be marked. Furthermore, there will be document control from which amendments to the various versions will appear. 2. Scope 1. This Executive Order shall apply to offshore installations as defined in section 2 of the offshore safety act. (2) Section 2, section 3(1) 2) and 3), and (2) and (3), section 4(3) 1) and 2), section 5(1) 3) and 7) and sections 9-11 shall also apply to pipelines subject to section 3(2) of the Offshore Safety Act. (3) This Executive Order shall also apply to accommodation facilities on vessels and arrangements subject to section 3(3) of the Offshore Safety Act, and where persons working on an offshore installation are accommodated to the extent that this has significance for the safety and health of the persons accommodated. (4) This Executive Order shall also apply to the activities carried out from vessels and arrangements subject to section 3(5), (special vessels), and to the equipment used, to the extent that the activities or the equipment influences the safety and health conditions on affiliated offshore installations. 3

4 Rev. 0 July 2008 Thus the Executive Order covers all offshore installations (fixed and mobile) that are subject to section 2 of the Offshore Safety Act 1). Thus, incidents taking place on mobile offshore installations, which are being moved, are not to be registered or notified pursuant to the Executive Order. Rules issued by the flag state might regulate this instead. The Executive Order also covers accommodation facilities on vessels as well as the activities that take place from special vessels (e.g. crane vessels and stimulation vessels). In the latter case registration and notification can only take place if the incident is caused by the activities that are covered by the act. The provisions mentioned in section 1(2) also apply to pipelines. When etc. is stated after offshore installation in these guidelines, it means that the abovementioned accommodation facilities and activities from special vessels are also included. Pipelines will be mentioned specifically if the text applies to them. The Executive Order contains provisions implementing parts of Council Directive 89/391/EEC of 12 June 1989 on on the introduction of measures to encourage improvements in the safety and health of workers at work. 3. Definitions 2. In this Executive Order: 1) Accident shall mean a sudden, unexpected and injurious incident that takes place during work or stay on the offshore installation, resulting in death or personal injury. 2) Work-related disease shall mean a disease that has arisen after long-term impact during work or stay on the offshore installation. 3) Near-miss incident shall mean an incident that could have resulted in an accident or damage to the offshore installation, which has significance for safety and health. 4) Incapacitated shall mean that the injured person is unable to attend to his usual duties to the full extent. 5) Industrial injury is a common designation of work-related diseases and personal injuries arisen from accidents. 6) Insuring employer shall mean an employer who is under an obligation to take out an accident insurance pursuant to the Industrial Insurance Act. The above-mentioned definitions in 1), 2) and 5) correspond to those applied to industrial injuries and work-related diseases onshore as accidents and work-related diseases on offshore installations, however, cover all accidents taking place on the offshore installation as well as accommodation on the vessels covered by the Executive Order, i.e. not only during work. 4

5 Rev. 0 July 2008 As will appear from the above, the concept industrial injuries cover all the personal injuries caused by an accident or disease (work-related diseases) which are due to impact through work or stay on offshore installations, etc. The difference between accidents and work-related diseases is to be viewed in the way that the injury is sustained. An accident occurs as a result of an unforeseen, sudden impact. The effect of this impact might show immediately (e.g. a fracture due to a fall or blow) or later (e.g. poisoning after a sudden impact from chemicals or illness after a sudden impact from biological materials). A work-related disease is an injury or disease occurring after repeated impacts, e.g. powerful noise impact or exposure to harmful chemicals. A suspicion that a disease is work-related usually arises with a doctor after an examination of the injured person and is often unknown to the employer. The doctor is under an obligation to notify such a disease to the Danish Energy Authority, cf. section 8 of these guidelines. Incapacitated ( 4) ) means that the injured person is not able to resume his usual duties on the offshore installations to the full extent. The meaning of usual duties will be based on a specific evaluation, but can appear from a job description, an employment contract or designation of occupation on the installation. An example of the latter is roughnecks. In this situation the injured person can either be transported ashore or put on another job on the installation. In the offshore industry the latter case is often called Restricted Work Case (RWC) or Restricted Work Day Case (RWDC). The time spent on examination onshore with a view to treating the injury, where the injured person returns to his usual work after having been treated is not regarded as being incapacitated. Incapacity for work counts from the time the injury is noted and does not therefore have to be in immediate continuation of the time of the accident. There are cases where an injury is not noted until a while after the incident that caused it. Insuring employer ( 6) ): Pursuant to section 2 and section 48 of Act on Industrial Insurance 2 the employer who employs people to work for him is under an obligation to take out an insurance pursuant to the act, which means that he must take out an industrial accident insurance, among others. This employer is the person who pays the salary and is not necessarily an employer in the literal sense of the word pursuant to the offshore safety act, as the concept of employer is here attached to the instruction powers towards the employees whichever the employer is. 2. In this Executive Order:... 3) Near-miss incident shall mean an incident that could have resulted in an accident or damage to the offshore installation, which has significance for safety and health. Other expressions for near-miss incidents are near miss, undesired incidents and dangerous incidents. 5

6 Rev. 0 July 2008 Examples of near-miss incidents ( 3) ) are mentioned in Appendix 1 to the Executive Order (see sections 5 and 6). There are also circumstances where no incident has taken place, but where there is a potential for an incident. In these guidelines these are called near-miss situations or unsafe conditions. 4. Registration of accidents, damage to property, near-miss incidents and diseases 3. The operating company shall register information about any and all 1) accidents and deaths that have taken place on the offshore installation; 2) near-miss incident, including any discharge of hydrocarbons; 3) not inconsiderable damage to the structure or equipment of the offshore installation, which has significance for the safety and health. 4.1 The operating company The operating company, cf. the definition of this in the offshore safety act, on offshore installations, etc. and for pipelines, is to perform the registration. On fixed offshore installations (production platforms) and for pipelines it is typically the operator, whereas on mobile offshore installations it is the company with whom the operator has entered into a contract on use of the offshore installation. If the incident takes place in the accommodation on a vessel covered by the Executive Order, the operating company on the offshore installation where the injured person works must register the incident. 4.2 Purpose of the registration (3) The registration shall include sufficient information for the operating company to use it to counter any repetition of incidents pursuant to subsection (1) above. (4) The safety organisation on the offshore installation shall have access to the information in the register to the extent that this has significance for the safety and health. The purpose of the registration is to provide the company and the safety organisation on offshore installations, etc. knowledge about where and why accidents, damage to property and near-miss incidents occur. 4.3 Use of registration The safety organisation on the offshore installation, etc. is to use the registration in connection with investigation of the accident, damage or incident. Such an investigation is to determine the cause of accidents, damage and near-miss incidents and attempt to implement preventive measures. 6

7 Rev. 0 July 2008 On the offshore installations, etc. with no safety organisation, the operating company must in collaboration with any other employers and the employees carry out the investigation. 4.4 Scope of registration Accidents or deaths All accidents must be registered. Moreover, all deaths irrespective of their cause must be registered, including deaths that are not work-related or directly caused by other conditions on offshore installations, etc Near-miss incidents All near-miss incidents must be registered, including any discharge of hydrocarbons, which means incident that would not result in serious personal injury, cf. section 4 on notification. Discharge of hydrocarbons means release of hydrocarbons which is not intentional and for safety reasons, e.g. flaring Damage to property Any appreciable damage must be registered. An appreciable damage means any damage to offshore installations, etc. or their equipment, or pipelines, unless the damage is obviously unimportant to the safety and health on the offshore installation, etc. or obviously unimportant to the physical safety of a pipeline Near-miss situations A near-miss situation mans a situation where no actual incident has taken place, but a situation which immediately could have resulted in an incident that would cause an accident or damage to the offshore installation, etc. or its equipment. There is no requirement for registration of near-miss situations. Since a near-miss situation constitutes a possible risk and is thus covered by the risk assessment for the installation, it is assumed that follow-up on such situations is handled by the safety organisation on the offshore installation, etc. according to specific procedures laid down by the operating company s management system for safety and health Participation of the employees in the registration As the registration of accidents, etc. has an impact on the reduction of the safety risks, the employees must pursuant to section 13(1) of the offshore safety act contribute to this. The more detailed rules as to how this requirement is fulfilled on the individual offshore installation must appear from the management system of the operating company. This is done by ensuring that the employees immediately report accidents and incidents to the operating company through their supervisor or platform supervisor. 7

8 4.5 Form of registration 3. (2) Such registration shall take place electronically or on paper in a way, which is accessible to the Danish Energy Authority. There is no requirement as to how and in what form the registration is to take place, merely that the registration is available to the Danish Energy Authority as part of the authority s supervision, e.g. by allowing the authority access to view displays of the electronic registration or access to the paper-based documents from which the registration information appears. 3. The registration shall include sufficient information for the operating company to use it to counter any repetition of incidents pursuant to subsection (1) above. The Danish Energy Authority expects that the registration has contents and a form that make allowance for the purpose of the registration. For instance, it is not sufficient only to have a list of the accidents, near-miss incidents or damage to property that has occurred. 5. Notification of accidents 4. The insuring employer shall report any accident resulting in 1) death or 2) the injured person becoming incapacitated one day or more apart from the day the injury took place. (4) Notification pursuant to subsections (1) and (3) above shall take place as soon as possible to the Danish Energy Authority and within nine days after the incident has occurred, cf. however section 5(1) and (4) below. (5) The operating company shall give the safety organisation of the offshore installation access to the notification. Injured persons, if any, shall also receive a copy of the notification. 5. The operating company shall immediately notify the South Jutland Police by phone or otherwise, which will then notify the Danish Energy Authority, of: 1) any accident pursuant to section 4(1) 1) resulting in death; 2) any accident pursuant to section 4(1) 2) resulting in serious personal injury; (2) The operating company shall in the cases mentioned in subsection (1) leave the site of the incident untouched and closed, unless otherwise decided by the police, or the regard for averting an immediate danger makes this necessary. (3) The operating company shall as soon as possible after the incident has been recorded inform the safety organisation on the offshore installation about the incident. 8

9 (4) The subsequent notification pursuant to section 4(4) of the incidents mentioned in subsection (1) shall be accompanied by an account of the follow-up on the incident by the operating company or other employers, including a description of the sequence of events and information about the measures, which as a result of the incident have been or will be taken to avoid repetitions. 9. Notification pursuant to section 4(4) and section 6(1) shall take place electronically or on paper in a way, which is accessible to the Danish Energy Authority according to its specified instructions. (2) The Danish Energy Authority can approve that notification takes place electronically or on paper prepared by the notifying party. Apart from his duty to notify pursuant to sections 4 and 5 of the Executive Order, the insuring employer shall also be under an obligation to notify accidents to the insurance company or the National Board of Industrial Injuries with a view to compensation to injured persons pursuant to the Industrial Injury Insurance Act. The rules appear from Executive Order No. 997 of 20 October 2005 on Notification of Industrial Injuries. 5.1 Notification The table below is an outline of the accident that must be notified, when and to whom. Consequence To be notified to Time limit Notifying party Death By phone to the South Immediately Jutland police National Board of Industrial Injuries Within 48 hours Insuring employer Danish Energy Within 9 days with Insuring employer Authority clarifying statement Serious personal injury By phone to the South Immediately Jutland Police Danish Energy Authority Within 9 days with clarifying statement Insuring employer Insurance company Within 9 days Insuring employer /National Board of Industrial Injuries Other injury resulting in incapacity for work for more than one day after the day the injury was sustained Danish Energy Authority Insurance company /National Board of Industrial Injuries Within 9 days Within 9 days Insuring employer Insuring employer 9

10 Comments on the table: The table shows usual practice. In case of accidents requiring information, the place where the accident took place must be left untouched and sealed off, until otherwise decided by the police or immediate regards for safety and health prove otherwise. Accidents resulting in incapacity for work, cf. the definition in section 2, page 5, for one day or more after the day the injury was recorded must be notified to the Danish Energy Authority within 9 days after. Clarifying account: Information must be followed as soon as possible and no later than nine days after the injury has been sustained by a notification pursuant to section 4(4) to the Danish Energy Authority accompanied by a written statement about the company s investigation into the accident or damage, including explanation of underlying causes. Among other things, the statement must include a description of the company s investigation into the sequence of events as well as a description of what preventive measures have been taken so as to avoid repetitions. It must appear from the statement that the safety organisation has been involved in the investigation. Accidents, which have occurred during the leisure time of the injured person ( leisure-time accidents ), are not included in the Danish Energy Authority s statistics. These notifications are only used in the Danish Energy Authority s inspection of the preventive work. As regards notification to the insurance company of the insuring employer, or in lack of such insurance company, to the National Board of Industrial Injuries, it applies that notification is to take place for all accidents that are considered to entitle the injured person to compensation pursuant to the Industrial Insurance Act, or if the injured person five weeks after the occurrence of the injury can resume his usual duties to the full extent. If the employer is self-insured national or local authority, notification is to take place to the insurance. If no insurance has been taken out, notification is to take place directly to the National Board of Industrial Injuries. Further information about notification and the possibilities of compensation can be obtained by approaching the National Board of Industrial Injuries on ask@ask.dk or tel or on the Board s website Notification of deaths can take place on

11 Special rules on damage to glasses without personal injury and dental damage caused by an accident Damage to glasses, as wells as dental damage caused by an accident but which has not resulted in incapacity for work apart from the day the damage occurred is not to be notified to the Danish Energy Authority. The employer is to notify dental damage to his insurance company or the National Board of Industrial Injuries. 5.2 How to notify Notification of the police By phone on EASY: The Danish Working Environment Service and the National Board of Industrial Injuries have established a common digital notification system, EASY, which can be used for notifying accidents on offshore installations, etc. to the Danish Energy Authority and insurance company. Access to EASY takes place via Further information about EASY as well as link to this can also be found on the DEA s website (write EASY in the search field). Type of accident (work, leisure time) is stated in the free text field under the item description of accident until further notice. Further instructions about the use of EASY can be found online in EASY Notification form: The Danish Energy Authority has prepared a notification form, which contains requirements for information similar to a notification in EASY. If the notification does not use EASY (see above), the form is to be used for notification of the Danish Energy Authority as well as of the insurance company/the National Board of Industrial Injuries when the injured person wishes to sue for damages according to Act on Industrial Insurance. The notification form is a single layer form, which can be downloaded from the Danish Energy Authority s website (write anmeldeblanket in the search field) or ordered from the Danish Energy Authority. The form is accompanied by filling-in instructions. It must appear from the notification whether the accident is an industrial injury or leisure-time injury. The Danish Energy Authority and the National Board of Industrial Injuries can approve the employer s own systems (electronically or on paper) for notification instead of the above-mentioned forms. This appears from Executive Order on Notification of Accidents pursuant to the Industrial Injury Insurance Act. 11

12 Everybody is entitled to notify an accident, i.e. the operating company, the injured person himself, his doctor or another person who acts on behalf of the injured person can notify the accident to the insurance company and/or the Danish Energy Authority. In that case the insuring employer will be contacted by the Danish Energy Authority with a view to clarifying a possible lacking notification from his part. 5.3 Additional information (2) The insuring employer shall upon request from the Danish Energy Authority submit supplementary information as to how long the injured person was incapacitated. 10. The operating company and other employers shall provide information for the use of statistical calculations in connection with specification of accidents or near-miss incidents to the Danish Energy Authority on the Authority s request, including a statement of the number of discharges of hydrocarbons that are not covered by the duty to notify pursuant to section 4(3) 2). The Danish Energy Authority can from the employer of the injured person, i.e. the employer who has engaged the injured person (but who is not necessarily duty bound to insure) demand information about the actual period of absence besides the expected period of absence, which is stated on EASY or on the notification form. Furthermore, the Danish Energy Authority can demand information from the operating company and other employers about the number of employees, number of work hours, etc. for statistical purposes. 6. Notification of near-miss incidents 4. The insuring employer shall report: 1) any near-miss incident that could have resulted in death or accident with serious personal injury or danger to the integrity of the offshore installation. 2) any discharge of hydrocarbons a) resulting in fire or explosion or b) that might cause a major accident, cf. the definition in Executive Order on Management of Safety and Health on Offshore Installations, etc. 3) any incident where a person has been or must be assumed to be exposed to ionising radiation to a greater extent than permitted according to the rules on dose limits for ionising radiation as laid down by the National Board of Health, cf. Executive Order on Medical Control of Work with Ionising Radiation on Offshore Installations. 4) any incident that can have resulted in discharge of a biological agent and might cause serious infection or disease in human beings. 12

13 5) any considerable damage to the structure or equipment of the offshore installation, which has significance for the safety and health. (4) Notification pursuant to subsections (1) and (3) above shall take place as soon as possible to the Danish Energy Authority and within nine days after the incident has occurred, cf. however section 5(1) and (4) below. (5) The operating company shall give the safety organisation of the offshore installation access to the notification. Injured persons, if any, shall also receive a copy of the notification. 5. The operating company shall immediately notify the South Jutland Police by phone or otherwise, which will then notify the Danish Energy Authority, of: 1) any accident pursuant to section 4(1) 1) resulting in death; 2) any accident pursuant to section 4(1) 2) resulting in serious personal injury; 3) any incident pursuant to section 4(3) 1) that could have resulted in death or serious danger to the integrity of the offshore installation; 4) any discharge of substances and materials pursuant to section 4(3) 1) resulting in one or more persons being brought ashore for observation for poisoning; 5) any discharge of hydrocarbons pursuant to section 4(3) 2); 6) any incident pursuant to section 4(3) 3) or 4) (2) The operating company shall in the cases mentioned in subsection (1) leave the site of the incident untouched and closed, unless otherwise decided by the police, or the regard for averting an immediate danger makes this necessary. (3) The operating company shall as soon as possible after the incident has been recorded inform the safety organisation on the offshore installation about the incident. (4) The subsequent notification pursuant to section 4(4) of the incidents mentioned in subsection (1) shall be accompanied by an account of the follow-up on the incident by the operating company or other employers, including a description of the sequence of events and information about the measures, which as a result of the incident have been or will be taken to avoid repetitions. 9. Notification pursuant to section 4(4) and section 6(1) shall take place electronically or on paper in a way, which is accessible to the Danish Energy Authority according to its specified instructions. (2) The Danish Energy Authority can approve that notification takes place electronically or on paper prepared by the notifying party. 6.1 Notification The table below provides an overview of the near-miss incidents that have to be notified, when and to whom. 13

14 Incident To be notified to Time limit Notifying party Incident that could have resulted in death or danger to the integrity of the offshore installation By phone to the South Jutland Police Danish Energy Authority Immediately Within 9 days with clarifying statement Incident that could have resulted in serious personal injury, cf. Appendices 1 and 2 Any discharge of substances or materials resulting in one or more persons being brought ashore for observation for poisoning Any discharge of hydrocarbons that has resulted in fire or explosion Any discharge of hydrocarbons with a potential of causing a major accident, cf. Appendix 3 Any incident where a person has been or is assumed to have been exposed to ionising radiation to more than the permitted extent according to the rules on dose limits for ionising radiation laid down by the National Board of Health, cf. Executive Order on Medical Control of Work with Ionising Danish Energy Authority By phone to the South Jutland Police Danish Energy Authority By phone to the South Jutland Police Danish Energy Authority By phone to the South Jutland Police Danish Energy Authority By phone to the South Jutland Police Danish Energy Authority 14 Within 9 days Immediately Within 9 days with clarifying statement Immediately Within 9 days with clarifying statement Immediately Within 9 days with clarifying statement Immediately Within 9 days with clarifying statement

15 Radiation on Offshore Installations Any incident that can have resulted in discharge of a biological agent and might cause a serious infection or disease in human beings By phone to the South Jutland Police Danish Energy Authority Immediately Within 9 days with clarifying statement Comments to the table: The table shows usual practice. In case of accidents requiring information, the place where the accident took place must be left untouched and sealed off, until otherwise decided by the police or immediate regards for safety and health prove otherwise. Clarifying account: Information must be followed as soon as possible and no later than nine days after the injury has been sustained by a notification pursuant to section 4(4) to the Danish Energy Authority accompanied by a written statement about the company s investigation into the accident or damage, including explanation of underlying causes. Among other things, the statement must include a description of the company s investigation into the sequence of events as well as a description of what preventive measures have been taken so as to avoid repetitions. It must appear from the statement that the safety organisation has been involved in the investigation. Discharge of hydrocarbons can be divided into categories. These are stated in Appendix 3 and correspond to the division used on the British shelf and acceded to by International Regulators Forum (IRF) as common basis for the authorities registration of hydrocarbon discharges. The discharges mentioned in Appendix 3 are considered as a minimum to be covered by the duty to notify. Please state the category to which the discharge belongs, if possible. Discharge of hydrocarbons means a release of hydrocarbons, which is not intentional and for safety reasons, e.g. flaring. When notification of exposure to ionising radiation is to take place appears from section 5 of Executive Order No. 399 of 15 May 2008 on Medical Control of Work with Ionising Radiation on Offshore Installations. Notification of incidents that have or could have resulted in discharge of biological agents appear from section 19 of Executive Order No. 87 of 8 February 2002 on Biological Agents and Working Environment on Offshore Installations. The operating company is responsible for making a competent evaluation of the individual nearmiss incident with a view to determining whether it is to be notified, and it must appear from the company s management system for safety and health how such evaluation is to be made. 15

16 The operating company is duty bound to report a near-miss incident. However, anybody is entitled to report a near-miss incident, which means that the involved party himself can report a near-miss incident to the Danish Energy Authority. In that case the operating company will be contacted by the Danish Energy Authority with a view to clarifying a possible report from the company. 6.2 How to notify Information of the police By phone EASY: It is not possible to use the electronic notification system EASY for notifying near-miss incidents Notification form: The Danish Energy Authority has no special form for notification of near-miss incidents. Notification is to take place by letter or to the Danish Energy Authority on safety@ens.dk. Where relevant, the information in the notification must correspond to the information provided in connection with notification of an accident, including a specification of the accident potential. 6.3 How to use the notification The Danish Energy Authority uses the notification for: Inspection of the offshore installation, etc.: The Danish Energy Authority makes, in case of serious incidents, an inspection of the offshore installation, etc. where the near-miss incident took place. The purpose of the inspection is to clarify the conditions that caused the near-miss incident as well as to evaluate the company s preventive measures. The notifications that are not considered immediately can be included in a later inspection visit and in connection with the campaigns and special contributions implemented by the Danish Energy Authority. In that connection the Danish Energy Authority is not allowed to inform the employer of the names of the involved parties or provide other information that might serve as identification of the involved parties. Computer registration and analysis: The Danish Energy Authority registers the notifications in a database which, among other things, is used for evaluating connections between safety and the reported near-miss incidents. 16

17 The statistics prepared on the basis of this registration are used, among other things, for prioritisation of the inspection work, for mapping of safety conditions and for evaluating the need for special campaigns, etc. 7. Notification of damage to property 4. (3) The operating company shall report 5) any considerable damage to the structure or equipment of the offshore installation, which has significance for the safety and health. (4) Notification pursuant to subsections (1) and (3) above shall take place as soon as possible to the Danish Energy Authority and within nine days after the incident has occurred, cf. however section 5(1) and (4) below. (5) The operating company shall give the safety organisation of the offshore installation access to the notification. Injured persons, if any, shall also receive a copy of the notification. 5. The operating company shall immediately notify the South Jutland Police by phone or otherwise, which will then notify the Danish Energy Authority, of:... 7) any damage pursuant to section 4(3) 5) resulting in the offshore installation or essential parts thereof being incapable of functioning. (2) The operating company shall in the cases mentioned in subsection (1) leave the site of the incident untouched and closed, unless otherwise decided by the police, or the regard for averting an immediate danger makes this necessary. (3) The operating company shall as soon as possible after the incident has been recorded inform the safety organisation on the offshore installation about the incident. (4) The subsequent notification pursuant to section 4(4) of the incidents mentioned in subsection (1) shall be accompanied by an account of the follow-up on the incident by the operating company or other employers, including a description of the sequence of events and information about the measures, which as a result of the incident have been or will be taken to avoid repetitions. 7.1 Notification The table provides an overview of the damage to be reported, when and to whom. 17

18 Consequence To be notified to Time limit Notifying party The offshore South Jutland Police Immediately installation or essential parts thereof are not functional Danish Energy Authority Within 9 days with clarifying statement Considerable damage of safety and health importance Comments to the table: The table shows usual practice. Danish Energy Authority Within nine days In case of accidents requiring information, the place where the accident took place must be left untouched and sealed off, until otherwise decided by the police or immediate regards for safety and health prove otherwise. Considerable damage means damage to equipment or facilities that have or could have an essential influence on safety or health, e.g. collision with installations, damage to Christmas trees, etc, damage to major containers with dangerous chemicals, rupture of hydrocarbon-bearing pipes or containers as well as damage to life-saving appliances and other safety-critical elements. Clarifying account: Information must be followed as soon as possible and no later than nine days after the injury has been sustained by a notification pursuant to section 4(4) to the Danish Energy Authority accompanied by a written statement about the company s investigation into the accident or damage, including an explanation of underlying causes. Among other things, the statement must include a description of the company s investigation into the sequence of events as well as a description of what preventive measures have been taken so as to avoid repetitions. It must appear from the statement that the safety organisation has been involved in the investigation. The operating company, cf. above, is duty bound to notify the damage, but anybody is entitled to notify. In that case the operating company will be contacted by the Danish Energy Agency with a view to clarifying a possible report from the company. 7.2 How to notify Information of police By phone

19 7.2.2 EASY: It is not possible to use the electronic notification system EASY for notifying damage to property on offshore installations, etc Notification form: The Danish Energy Authority has no special form for notification of damage to property. Notification is to take place by letter or to the Danish Energy Authority on Where relevant, the information in the notification must correspond to the information provided in connection with notification of an accident, including a specification of the safety consequences of the damage. 8. Notification of work-related diseases 6. Medical advisers who via their work establish or suspect that a person has sustained an injury or disease or has been exposed to harmful effects in connection with work or other stay on offshore installations shall report this to the Danish Energy Authority, including all diseases which as a result of the incident or death can be attributed to occupational influence from biological agents. (2) The duty to notify shall rest with any medical adviser regardless of whether the person in question is a general practitioner or employed by a hospital, clinic or other institution. In hospitals and clinics etc. the duty to notify shall only rest with the leading medical adviser in each department. (3) Notification shall take place as soon as the medical adviser has become aware of the personal injury, disease or impact and the assumed correlation with work or other stay on the offshore installation. 7. The duty to notify pursuant to section 6(1) shall no longer apply when the medical adviser has made sure that the personal injury, disease or impact, etc. has been reported to the Danish Energy Authority. 8. Notification pursuant to section 6(1) shall require consent from the injured person. 9. Notification pursuant to section 4(4) and section 6(1) shall take place electronically or on paper in a way, which is accessible to the Danish Energy Authority according to its specified instructions. (2) The Danish Energy Authority can approve that notification takes place electronically or on paper prepared by the notifying party. Any doctor is duty bound to report injuries, including deaths, diseases, and exposure to harmful impact 19

20 to the Danish Energy Authority if there is a suspicion that these are caused by work or stay on offshore installations, etc. and if the patient has given his consent to this. Doctors and dentists are also duty bound to report suspected or established work-related diseases to the Danish Working Environment Service and the National Board of Industrial Injuries. This duty appears from Executive Order No. 950 of 26 November 2003 on the Duty of Doctors and Dentists to report Work-related Diseases to the Danish Working Environment Service and the National Board of Industrial Injuries, issued pursuant to the Industrial Injury Insurance Act and the Health and Safety at Work Act. Fees to doctors and dentists are covered by the notification to the Danish Working Environment Service. There is no special notification form for notification to the Danish Energy Agency but a copy of the notification on the common form to the Danish Working Environment Service and the National Board of Industrial Injuries will be accepted. It must appear from the notification that the damage, disease or harmful effect is due to work or stay on an offshore installations, etc. If EASY is applied, cf. section 4.2.1, for the notification, it must be stated in the free text field that the notification is connected with offshore installations, etc. 9. Other conditions 10. The operating company and other employers shall provide information for the use of statistical calculations in connection with specification of accidents or near-miss incidents to the Danish Energy Authority on the Authority s request, including a statement of the number of discharges of hydrocarbons that are not covered by the duty to notify pursuant to section 4(3) 2). The Danish Energy Authority makes various statistical calculations on the basis of the information about accidents and near-miss incidents from the operating company. When approaching the Danish Energy Authority the operating company must also state the number of discharges of hydrocarbons that are not covered by the duty to notify pursuant to section 4(3) 2) b. 20

21 APPENDIX 1 Examples of incidents covered by section 4(3) 1) and section 5(1) 3) of the Executive Order 1) Persons overboard. 2) Danger of collisions. Incident with potential collision between a vessel and an offshore installation etc. which, if the collision had taken place, would have resulted in danger of loss of the overall structural integrity of the offshore installation, etc. 3) Lifting machinery and the like. Collapse, overturning or failure of load-bearing parts of a) lifting gear, including crane, fork-lift truck and personal basket and b) derrick. 4) Pressurised equipment. Collapse of or rupture of pressurised equipment (with overpressure as well as under pressure) 5) Any explosion. 6) Any fire. a) Small fires which can be immediately put out with a portable fire extinguisher or the like, b) other fires. 7 Arc as a result of short-circuit or overloading in power heavy current equipment. In cases where the arc could have resulted in serious personal injury, cf. point 7 in Appendix 2. 8) Wells. a) Blow-out (uncontrolled discharge of hydrocarbons from a well), b) use of blow-out preventer (BOP) or diverter system to control the flow from a well in cases where normal control procedures have failed, c) detection of hydrogen sulphide (H 2 S) in concentrations that can be dangerous in case of discharge in connection with well operations or in samples of wellfluids from a well, in cases where an H 2 S contingency has not been established on the installation, d) failure of a safety-critical element connected with a well. 9) Discharge of substances and materials (besides hydrocarbons). Discharge on or from an offshore installation, etc. of any substance or material that can be dangerous to safety and health according to the Danish Energy Authority s Executive Order on Work with Substances and Materials (Chemical Agents) on Offshore Installations and in Volumes that could have resulted in Serious Personal Injury. 10) Breathing masks. a) Defective breathing masks while being used or b) during testing immediately before use if the defect would have resulted in danger to safety and health of the user if the equipment had been used. 21

22 11) Collapse of scaffolding and the like. Collapse or partial rupture to a) scaffolding, b) a work platform. 12) Falling objects. Falling of any object on an offshore installation, etc. or on an adjoining vessel or in the ocean close to an offshore installation, etc. or a vessel or where the object could have resulted in serious personal injury. 13) Containers. Failure of the load-bearing parts of containers in connection with lifting. 14) Failure of safety-critical elements as identified in the safety and health evaluation of the installations and which are not mentioned in points 1-13 above. 22

23 APPENDIX 2 Examples of serious personal injuries, cf. section 4(3) 1) and 3) and section 5(1) 2) of the Executive Order 1) Bone fracture except for fracture of fingers or toes. 2) Loss of one or more parts of the body. 3) Dislocation of shoulder, hip, knee or spine. 4) Major burns. 5) Loss of sight, permanently or temporarily. 6) Injury to the eye(s) due to cauterisation, burn from hot metal or penetration of an object. 7) Electric shock or electric burn, which results in unconsciousness or requires resuscitation. 8) Hypothermia. 9) Loss of consciousness caused by asphyxia or by exposure to chemical or biological agents. 10) Poisoning caused by chemical or biological agents. 11) Other personal injury resulting in the injured person being brought ashore as soon as possible. 23

24 APPENDIX 3 Categorisation of hydrocarbon discharges covered by the duty to notify in section 4(3) 2) b Discharge of hydrocarbon gas or two-phase hydrocarbons: a) Major discharge: Either a volume of more than 300 kg or a mass speed of more than 1 kg/s for more than five minutes. b) Considerable discharge: Either a volume of kg or a mass speed of kg/s with a duration of 2-5 minutes. Discharge of liquid hydrocarbons: a) Major discharge: Either a volume of more than 9,000 kg or a mass speed of more than 10 kg/s for more than 15 minutes. b) Considerable discharge: Either a volume of 60-9,000 kg or a mass speed of kg/s with a duration of 5-15 minutes. 24