New European laws will have a “detrimental impact” on safety standards in the UK offshore oil and gas industry, an industry lawyer has warned.
Health and safety lawyer Jon Cooper spoke out after proposed changes to improving the offshore safety regime were published this week.
Cooper, who heads the team from legal firm Bond Dickinson, said the new rules undermine the industry’s decades of learning and experience.
The draft proposals, which were put out to consultation this week, consider how to implement an EC Offshore Safety Directive published in June last year.
Under the proposed plans the UK has less than a year to implement the changes into domestic law.
According to the government, the directive is aimed at creating a united front in offshore safety and environmental standards.
However, Cooper instead said too many question remain regarding the directive’s effectiveness and whether the regulator has the skills to implement the new rules.
“Even prior to the start of today’s consultation process, the industry has voiced concerns and opposition to some of the proposals that are likely to find their way into UK law,” he said.
“Those concerns are not simply a knee jerk reaction to more regulation but based on many years of operational experience driven by a desire to operate to the highest standards of health, safety and environmental management.
“In the short term the regulations could have a detrimental impact on safety standards in the UK offshore oil and gas industry and longer term will not lead to significant improvements in overall standards.”
There are 11 proposed changes outlined in the directive, including a change to what would be considered the ‘operator’ of license.
Under the new rules the operator responsible for health and safety on a project could be appointed by the Department of Energy and Climate Change (Decc) or the new Oil and Gas Authority instead of by the license holder.
“Question marks remain as to whether the Licensing Authority, likely to be Decc, or any replacement regulator established following implementation of the Wood Review, will have the necessary skills set and understanding of the industry to appoint ‘operators’ on the industry’s behalf,” said Mr Cooper.
Cooper called for more discussion to take place regarding the directive and its intended and unintended consequences.
“This is not an industry ‘gripe’ but a responsible approach to a matter of wide industry and indeed public concern,” he said.
