Safety, Health and Welfare (Offshore Installations) Act, 1987
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Power of inspector to require remedy for immediate or apprehended danger, etc. |
42.—(1) If an inspector is of opinion that an offshore installation to which this Act applies or any part thereof or any matter, thing or practice on or in such an offshore installation or connected with the control or management of such an offshore installation is or is likely shortly to become dangerous to the safety or health of the persons employed on, in or in the neighbourhood of the installation or any of them, he may serve on the installation manager concerned a notice stating that he is of that opinion and giving particulars of the reason why he is of that opinion, and imposing upon such installation manager such prohibition, restriction or other requirement as appears to the inspector to be necessary for the purpose of safeguarding the safety or health of the persons employed on or in the installation or any of them. | |
(2) Where an inspector is of opinion that anything on or in an offshore installation to which this Act applies constitutes a danger or a risk of danger, he may by a notice in writing require the owner of the installation to take such reasonable measures as he considers adequate to deal with the matter and specifies in the notice, and in case a requirement is made under this subsection the owner of the installation shall include in the statement prepared in pursuance of section 26 of this Act particulars of the measures specified in the relevant notice under this subsection. | ||
(3) A prohibition notice or a notice under subsection (1), (2) or (6) of this section shall be signed by an inspector. | ||
(4) A person who is aggrieved by an imposition or requirement imposed on him under this section may, within the period of sevendays beginning on the day on which the relevant notice is received by him, appeal to the High Court against the matter imposed. | ||
(5) Where an appeal is brought under this section, the following provisions shall apply: | ||
(a) pending the determination of the appeal, the bringing thereof shall not operate to affect in any way the imposition or requirement to which the appeal relates, | ||
(b) in determining the appeal, the High Court may— | ||
(i) confirm such imposition or requirement, with or without modification, or | ||
(ii) lift or cancel, as may be appropriate, such imposition or requirement. | ||
(6) An inspector may by a notice served on the installation manager or the owner of the relevant offshore installation, amend, or suspend, for such period as shall be specified in the notice, or lift or cancel, as may be appropriate, an imposition or requirement imposed under this section. | ||
(7) (a) Where an imposition or requirement is imposed under this section and activities are carried on in contravention of the imposition or requirement, the High Court may on the application of an inspector by order prohibit the continuance of the activities. | ||
(b) An application to the High Court for an order under this subsection shall be by motion and the court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. | ||
(c) The order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the High Court considers appropriate. | ||
(8) Where — | ||
(a) the High Court in determining an appeal under this section lifts, cancels or varies a requirement or imposition to which the appeal relates, or | ||
(b) an inspector suspends, amends, lifts or cancels an imposition or requirement imposed under this section, | ||
the determination, suspension, amendment, lifting or cancellation shall not affect the validity of the requirement or imposition in, but only in, so far as it required anything to be done or prohibited anything's being done prior to the date of the determination, or, as may be appropriate, date of the suspension, amendment, lifting or cancellation. |