Laid down by Royal Decree 31 August 2001 pursuant to Act 4 February 1977 No. 4 relating to worker protection and working environment etc., Section 2 subsection 3 first to fourth paragraphs inclusive and Section 16 a, Act 2 July 1999 No. 64 relating to health personnel etc., Section 2 last paragraph, Section 16 second paragraph and Section 76 last paragraph, Act 2 July 1999 No. 63 relating to patients’ rights Section 1-2 second paragraph, Act 29 November 1996 No. 72 relating to petroleum activities Section 10-18 first paragraph, Act 13 March 1981 No. 6 relating to protection against pollution and relating to waste Sections 9, 40, 42 and 52 litera b, Act 5 August 1994 No. 55 relating to control of communicable diseases Section 1-2 third paragraph and Section 8-4, Act 23 June 2000 No. 56 on health and social preparedness Section 1-2 and Act 11 June 1976 No. 79 relating to the control of products and consumer services Section 8. Amended 21 December 2001 No. 1484. Amended 19 December 2003. Amended 1 April 2005. Amended 16 June 2006. Amended 6 June 2008. Last amended 1 July 2009.

CHAPTER 1
INTRODUCTORY PROVISIONS

Section 1
Purpose

The purpose of these regulations is to

a) further a high level as regards health, environment and safety in the petroleum activities,

b) achieve a systematic implementation of measures to fulfil the requirements and reach the objectives set out in the legislation relating to health, environment and safety,

c) further develop and improve the level as regards health, environment and safety.

Guidelines Interpretations

Section 2
Scope of application etc.

1. These regulations and regulations issued pursuant to these regulations apply to health, environment and safety in the petroleum activities in areas comprised by

a) Act 13 March 1981 No. 6 relating to protection against pollution and relating to

waste, Section 3, cf. Section 4,

b) Act 29 November 1996 no 72 relating to petroleum activities, Section 1-4 with

regard to safety, however not including production and transportation of subsea

petroleum deposits on the land territory or seabed subject to private property rights,

c) Act 11 June 1976 no 79 relating to the control of products and consumer services, Section 2, cf. Section 8 last paragraph in relation to establishment, use and further development of internal control and internal control systems,

d) Act 17 June 2005 No. 62 relating to working environment, working hours and employment protection, etc. (Working Environment Act) as far as offshore petroleum activities as mentioned in the Working Environment Act Section 1-3 are concerned, with the specifications, exceptions and special rules which follow from these regulations and appendix to these regulations.

- The Working Environment Act and these regulations apply to manned underwater operations in petroleum activities carried out from vessels or facilities, provided no special rules have been stipulated.

- Exempt from the Working Environment Act and these regulations are:

Supply, standby and anchor handling services with vessels, seismic or geological exploration with vessels and other comparable activities which are regarded as shipping.

Vessels carrying out construction, pipelaying or maintenance activities in the petroleum activities, unless otherwise is specifically decided by the Ministry of Labour and Social Inclusion through regulations or individual decision. The parties concerned shall be heard before the Ministry of Labour and Social Inclusion makes such decision.

2. The following acts shall be applicable to the extent that they are suitable to the scope of

application of these regulations and to regulations issued pursuant to these

regulations:

a) Act 2 July 1999 No. 64 relating to health personnel etc.,

b) Act 2 July 1999 No. 63 relating to patients’ rights, with the exception of Chapter 8 on patient ombudsman,

c) Act 5 August 1994 No. 55 relating to control of communicable diseases,

d) Act 23 June 2000 No. 56 on health and social preparedness.

Guidelines Interpretations

Section 3
Use of maritime legislation in the petroleum activities

With regard to mobile facilities registered in a national register of shipping, and which follow a maritime operational concept, relevant technical requirements contained in rules and regulations of the Norwegian Maritime Directorate in the form following the amendments in 2003 and regulations of 2007 and 2008 mentioned in the third paragraph, together with supplementary classification regulations issued by Det norske Veritas, or international flag state rules with supplementary classification rules achieving the same level of safety, may be used as an alternative to technical requirements laid down in or pursuant to the Petroleum Act, with the following specifications and limitations:

a) this section only comprises provisions on matters of a maritime nature which are

not directly connected with the petroleum related function which the facility is intended to

carry out. The section does not comprise provisions on

- drilling and process equipment,

- universal sound and light alarms,

- equipment used for transportation of personnel and requirements to transportation of personnel on the drill floor,

- other provisions on the working environment,

- the activities to be carried out in the petroleum activities,

b) the facility must be used in a way that makes it possible to use a flag and or

classification practice implying a calendar based recertification, including five-yearly

main survey,

c) the operational assumptions on which design, fabrication and operation are based shall be

clarified,

d) exemptions, if any, granted by the flag state authority shall be assessed and presented

to the Petroleum Safety Authority for approval if they are of significance to safety

in the petroleum activities,

e) provisions on entry into force, including provisions to the effect that the flag state legislation shall not apply to existing activities, and provisions in the flag state legislation relating to supervision, are not applicable unless otherwise directly provided for in the petroleum legislation.

The Petroleum Safety Authority may stipulate additional requirements in the areas mentioned in the first paragraph literas a to e inclusive, when such requirements can be based on safety considerations.

Regulations of 2007 and 2008 mentioned in the first paragraph, are the following:

- regulations 4 July 2007 No. 854 relating to deck cranes etc. on mobile facilities (the crane regulations),

- regulations 4 July 2007 No. 853 relating to evacuation and rescue means on mobile facilities (the rescue regulations),

- regulations 15 January 2008 No. 72 relating to helidecks on mobile facilities.

Guidelines Interpretations

Section 4
Definitions

In these regulations and in regulations issued pursuant to these regulations, the following terms mean

a) Work period:

The period of time during which an employee is engaged in work for an employer in the course of 24 hours.

b) Health related matters:

Matters concerning health services, preparedness in connection with health care and health services, transport of sick and injured persons, matters of hygiene and public health, potable water supply, the production and marketing of food as well as other matters of importance to health and hygiene. The term also comprises qualification requirements for and training of personnel in relation to the abovementioned matters.

c) Health, environment and safety legislation:

The acts pursuant to which regulations etc. are issued and decisions made in and pursuant to these within the scope of application, cf. Section 2 on scope of application etc. and legislation relating to health applicable according to Section 1-5 of the Petroleum Act.

d) Facility:

Installation, plant and other equipment for petroleum activities, however not supply and support vessels or ships that transport petroleum in bulk. The term facility also comprises pipeline and cable unless otherwise provided.

e) Operator:

Anyone executing on behalf of the licensee the day to day management of the petroleum activities.

f) Period of stay:

The continuous period of time which an employee spends on facilities or vessels comprised by these regulations.

g) Licensee:

Physical person or body corporate, or several such persons or bodies corporate, holding a licence according to the Petroleum Act or previous legislation to carry out exploration, production, transportation or utilisation activities. If a licence has been granted to several such persons jointly, the term licensee may comprise the licensees collectively as well as the individual licensee.

h) Safety zone

A geographically delimited area with prohibition against or limitations with regard to stay, passage or operations of unauthorised vessels, i.e. vessels not included in the licensee’s petroleum activities or which have not been granted full or limited access by authorities or licensees, including also aircraft.

Unless otherwise decided by the King, the zone extends from the sea bed to maximum 500 meters above the highest point of a facility in the vertical plane. Horizontally the zone extends 500 meters out from the extremities of the facility, where it may be located at any time.

The safety zone does not constitute any limitation in respect of activities specifically allowed according to the Act relating to petroleum activities or which constitute the exercise of public authority.

Guidelines Interpretations

CHAPTER II
TO WHOM THE REGULATIONS ARE DIRECTED AND REQUIREMENTS TO EMPLOYEE CONTRIBUTION

Section 5
Responsibility according to these regulations

The operator and others participating in the petroleum activities are responsible according to these regulations and regulations issued pursuant to these regulations. The party responsible shall ensure that requirements specified by the legislation relating to health, environment and safety are complied with.

The operator shall see to it that everyone carrying out work for him, either personally, by employees, contractors or sub-contractors, complies with requirements contained in the health, environment and safety legislation.

In addition to the duties imposed on the licensees according to individual provisions contained in these regulations, the licensees are responsible to see to it that the operator complies with requirements contained in the health, environment and safety legislation.

The employees have a duty to contribute according to the Working Environment Act Section 2-3.

Guidelines Interpretations

Section 6
Arrangements for employee contribution

The party responsible shall ensure that the employees and their elected representatives are given the opportunity to contribute in matters of importance to the working environment and safety of the enterprise according to requirements contained in and pursuant to the Working Environment Act and these regulations. Such contribution shall be ensured in the various phases of the petroleum activities.

In order to further health, environment and safety, it shall be ensured that the employees and their elected representatives are given the opportunity to contribute in the establishment, follow-up and further development of management systems as mentioned in these regulations Section 13 on duty to establish, follow up and further develop a management system.

The party obligated by an individual decision shall ensure that the elected representatives of the employees are being informed of these decisions.

Guidelines Interpretations

CHAPTER III
PRINCIPLES RELATING TO HEALTH, ENVIRONMENT AND SAFETY

Section 7
Use of the principles of Chapter III

The licensee, the operator and others participating in the petroleum activities are, cf. Section 5 on responsibility according to these regulations, responsible that the principles in this chapter are complied with. These principles shall also serve as basis for the enforcement by the authorities of these regulations and regulations issued pursuant to these regulations. The supervisory authorities shall in particular see to that the exercise of authority according to the regulations and according to the individual provisions as a whole is in accordance with this chapter.

Guidelines Interpretations

Section 8
Prudent petroleum activities

Petroleum activities shall be safe and prudent, both in relation to an individual and an overall consideration of all the factors of importance to planning and implementation of petroleum activities as regards health, environment and safety. The distinctive character of the individual enterprises together with local and operational conditions shall also be taken into account.

A high level of health, environment and safety shall be established, maintained and further developed.

Guidelines Interpretations

Section 9
Principles relating to risk reduction

Harm or danger of harm to people, the environment or to financial assets shall be prevented or limited in accordance with the legislation relating to health, the environment and safety, including internal requirements and acceptance criteria. Over and above this level the risk shall be further reduced to the extent possible. Assessments on the basis of this provision shall be made in all phases of the petroleum activities.

In effectuating risk reduction the party responsible shall choose the technical, operational or organisational solutions which according to an individual as well as an overall evaluation of the potential harm and present and future use offer the best results, provided the associated costs are not significantly disproportionate to the risk reduction achieved.

If there is insufficient knowledge about the effects that use of the technical, operational or organisational solutions may have on health, environment and safety, solutions that will reduce this uncertainty shall be chosen.

Factors which may cause harm, or nuisance to people, the environment or to financial assets in the petroleum activities shall be replaced by factors which in an overall evaluation have less potential for harm, or nuisance.

Guidelines Interpretations

Section 10
Organisation and competence

The operator shall have an organisation in Norway which on an independent basis is capable of ensuring that petroleum activities are carried out according to rules and regulations.

The party responsible shall ensure that everyone carrying out work for him in petroleum activities, have the competence required to carry out such work in a safe and prudent manner.

The Petroleum Safety Authority may by individual decisions or regulations require changes to be made in the organisation of petroleum activities, including the composition and number of personnel.

Guidelines Interpretations

Section 11
Sound health, environment and safety culture

The party responsible shall encourage and promote a sound health, environment and safety culture comprising all activity areas and which contributes to achieving that everyone who takes part in petroleum activities takes on responsibility in relation to health, environment and safety, including also systematic development and improvement of health, environment and safety.

Guidelines Interpretations

Section 12
Health related matters

Health related matters shall be provided for according to sound practice during all phases of the petroleum activities, also ensuring that everyone who stays on facilities participating in petroleum activities, is provided with a sound health service comprising preventive measures and curative services.

Guidelines Interpretations

CHAPTER IV
MANAGEMENT OF THE PETROLEUM ACTIVITIES

Section 13
Duty to establish, follow up and further develop a management system

The party responsible shall establish, follow up and further develop a management system in order to ensure compliance with requirements contained in the legislation relating to health, environment and safety.

The licensee shall establish, follow up and further develop a management system to ensure compliance with requirements contained in the health, environment and safety legislation aimed at licensees.

The employees shall contribute in the establishment, follow-up and the further development of management systems.

The Petroleum Safety Authority carries out supervision of the management system which is established pursuant to these regulations and makes the decisions necessary to fulfil provisions on requirements to the administrative parts of the management systems, stipulated by or pursuant to these regulations. This is done in co-operation with the Norwegian Pollution Control Authority and the Norwegian Board of Health or the one they authorise within their areas of responsibility.

The Petroleum Safety Authority may exempt from any requirement on management systems stipulated by or pursuant to these regulations.

Guidelines Interpretations

Section 14
Qualification and follow-up of other participants

In the event of entering into a contract, the party responsible shall ensure that the contractors and suppliers are qualified to fulfil the requirements of rules and regulations relating to health, environment and safety, and shall follow up that the participants comply with the requirements during conduct of the work assigned in the petroleum activities.

The operator shall ensure that possible shortcomings in other participants’ management of health, environment and safety are corrected and that necessary adaptive measures are taken with respect to one’s own and other participants’ management systems that are established according to these regulations Section 13 on duty to establish, follow up and further develop a management system or according to other Norwegian legislation, in order to ensure the necessary wholeness.

Guidelines Interpretations

Section 15
Verifications

The party responsible shall decide on the extent of verifications, the method to be used in and the degree of independence of the verification in order to document that the requirements of the legislation relating to health, environment and safety have been met. When it has been decided that verifications are to be carried out, such verifications shall be carried out according to an overall and unambiguous verification programme and verification basis.

The operator shall establish the verification basis for the total petroleum activities after having made an evaluation of the extent of, the method to be used in and the degree of independence of the verification. The operator shall also carry out an overall evaluation of the results of verifications that have been carried out.

The Petroleum Safety Authority may order the operator to have verifications carried out, or alternatively carry out verifications itself.

Guidelines Interpretations

Section 16
Use of the Norwegian language

The Norwegian language shall be used in the petroleum activities to the maximum extent possible. Other languages may be used if this is necessary or reasonable in order to carry out the petroleum activities, and provided it does not compromise safety.

Guidelines Interpretations

CHAPTER V
MATERIAL AND INFORMATION

Section 17
General requirements to material and information

Material and information which is necessary to ensure and to document that the petroleum activities are planned and carried out in a safe and prudent manner shall be prepared and retained. Such material and such information shall be available in Norway free of charge to the authorities mentioned in these regulations Section 55 on supervisory authorities. The party responsible shall establish criteria for what is to be regarded as necessary documentation. The extent of the documentation shall be adapted to the characteristics of the enterprise and the activities carried out.

Existing documentation, including maritime certificates issued by Norwegian or foreign flag state authorities, may be used as basis for documentation of compliance with requirements stipulated in or pursuant to these regulations.

The Petroleum Safety Authority issues an acknowledgement of compliance for the following mobile facilities that are registered in a national ship’s register: drilling facilities, living quarters facilities, facilities for production, storage and offloading, facilities for drilling, production, storage and offloading, and facilities for well intervention. The acknowledgement of compliance is issued after application from owner, ship owner and/or the party who is going to operate such a facility. The application shall contain material and information about the technical condition of the facility and the organisation and management system of the applicant. The acknowledgement of compliance shall be part of the documentation basis related to the use of mobile facilities, cf. Section 21 on application for consent.

Guidelines Interpretations

Section 18
Documentation

The party responsible shall ensure that documentation demonstrating compliance with requirements stipulated in or pursuant to these regulations, can be provided. The extent of the documentation shall be adapted to the characteristics of the enterprise and the activities carried out.

When the party responsible makes use of a standard recommended in the guidelines to a provision of the regulations, as a means of complying with the requirements of the regulations in the area of health, working environment and safety, the party responsible may as a rule take it that the regulation requirements have been met.

When other solutions than those recommended in the guidelines to a provision of the regulations are used, the party responsible shall be able to document that the chosen solution fulfils the requirements of the regulations. Combinations of parts of standards shall be avoided, unless the party responsible is able to document that an equivalent level of health, working environment and safety is achieved.

Guidelines Interpretations

Section 19
Documentation in the early phase

Plans and other documentation to be submitted to the Ministry of Labour and Social Inclusion when decision has been made to prepare plans with a view to obtain approval or licence according to the Petroleum Act Section 4-2 and 4-3, and up to the time when a facility is taken into use, shall contain a description of how the work is intended to be organised, managed and carried out, as well as information as to what competence is required in order to carry out the work.

If the plan is to use a completely or partly pre-designed or prefabricated facility to carry out the petroleum activities, there shall in addition be given an account of which measures will be implemented in order to qualify the facility for use in these activities.

Guidelines Interpretations

Section 20
Matters relating to health, environment and safety in the plan for development and operation of petroleum deposits and the plan for installation and operation of facilities for transport and utilisation of petroleum

Plans which the licensee is required to prepare according to the Petroleum Act Section 4-2 and Section 4-3 shall contain a general account of aspects relating to health, environment and safety with regard to the chosen production strategy and development concept. The plans shall be submitted to the Ministry of Petroleum and Energy and the Ministry of Labour and Social Inclusion with a copy to the Norwegian Petroleum Directorate and the Petroleum Safety Authority.

The plans as mentioned in the first paragraph, shall be adapted to the extent of the development or the project. The account contained in the development part shall include:

a) the health, environment and safety objectives and the acceptance criteria for risk,

b) organisation of the project and the project’s management systems,

c) the operator’s handling of the interfaces between the participants of the development and the coordination and follow-up of the activities of the participants,

d) matters of importance to health, environment and safety in the event of unitized petroleum activities

e) progress of the project,

f) the main plan for drilling and well activities in respect of development wells,

g) plans relating to health service, including preventative health service and curative services, hygiene and preparedness in connection with health care and health services,

h) programme for qualification of new technology,

i) a plan for performing and follow-up of analyses,

j) an overview of technical or field specific documents which may elaborate the description contained in the plans,

k) an overview of standards and specifications applicable to the development,

l) operation and maintenance requirements,

m) an evaluation of development concepts with regard to use of manned underwater operations during all phases of the petroleum activities,

n) the safety zones during development and operation of the petroleum deposits,

o) how the facility may be disposed of at the cessation of the petroleum activities,

p) other matters of significance to health, environment and safety.

If exemption from the plans as mentioned in the first paragraph, is applied for according to the Petroleum Act Section 4-2 sixth paragraph or Section 4-3 second paragraph, the main plan for drilling and well activities as mentioned in the second paragraph litera f, shall be enclosed.

Guidelines Interpretations

Section 21
Application for consent

The Petroleum Safety Authority may by regulations or individual decisions decide that the operator shall obtain consent from the directorate before certain activities are initiated, and may in this connection stipulate provisions regarding the documentation which is to be enclosed with an application for consent. The Petroleum Safety Authority may by individual decision limit the consent to apply to individual stages or phases.

In the interest of safety in the petroleum activities the Petroleum Safety Authority may decide by regulations or individual decisions that the operator shall obtain consent prior to the use or removal of a vessel.

Guidelines Interpretations

Section 22
Decommissioning plan

The plan that the licensee is required to prepare according to the Petroleum Act Section 5-1 shall be submitted to the Ministry of Petroleum and Energy and the Ministry of Labour and Social Inclusion with a copy to the Norwegian Petroleum Directorate and the Petroleum Safety Authority. In addition to documentation as mentioned in Regulations 27 June 1997 No.653 to Act relating to petroleum activities Section 44, the plan shall contain a description of:

a) risk during and following a possible removal,

b) methods intended to be used in the event of a possible removal, including refloating of the structure,

c) analyses planned to be carried out,

d) operations planned to be carried out in the event of a possible removal,

e) consequences of a possible removal in respect of adjacent fields and facilities,

f) other matters of importance to a prudent conduct,

g) measures, if any, designed to secure the area against possible future pollution from

abandoned wells and/or polluted deposits of cuttings.

Guidelines Interpretations

Section 23
Publicly available information on safety

The Petroleum Safety Authority may by regulations or individual decisions decide that the party responsible shall make publicly available information of significance to safety, including issue provisions in relation to when and how such publication of information is to take place.

Guidelines Interpretations

CHAPTER VI
DESIGN AND OUTFITTING OF FACILITIES ETC. AND CONDUCT OF ACTIVITIES IN THE PETROLEUM ACTIVITIES

Section 24
Development concepts

The design, engineering and manufacturing of the individual facilities comprised by a development concept shall be such as to enable them to be placed, operated and if applicable removed in a safe and prudent manner. The same applies to installations and other equipment necessary in order to carry out manned underwater operations from a vessel.

Subsea facilities and pipeline systems shall in addition be designed and installed in such way that the facilities are able to withstand mechanical damage caused by other activity, and such that they do not inflict damage on fishing gear or create obstruction to fishing activities to an unreasonable extent.

Guidelines Interpretations

Section 25
Data on natural conditions

The petroleum activities shall be based on representative data on natural conditions. If such data are not available, collection of such data shall be initiated so that the necessary data are available for planning and implementation. The Petroleum Safety Authority may by regulations or individual decisions impose a requirement in respect of collection, handling and reporting of such data in the operation of facilities.

The Petroleum Safety Authority may by regulations issue provisions requiring the installation of instruments for recording of data on natural conditions that may be of significance to ensure or verify that the petroleum activities are carried out in a prudent manner as regards safety.

The Petroleum Safety Authority may by regulations or individual decisions order the operator to pay the costs of such instrumentation and its maintenance, including work in connection with recording, processing and reporting of collected data on natural conditions.

Guidelines Interpretations

Section 26
Placing of facilities, choice of routes

Facilities, including wells, shall be placed at safe distance from other facilities and from objects such as lighthouses, beacons and navigation marks, cables, pipelines and particularly vulnerable environmental resources etc., so that they will not constitute an unacceptable risk to other facilities, other activities or the external environment.

When crossing other pipelines, cables or lines of all kinds, the procedure shall be agreed with the owners in each individual case.

Guidelines Interpretations

Section 27
Duty to monitor the external environment

To ensure that the decision basis and the knowledge about the marine environment is sufficient to maintain an acceptable environment condition, the operator shall carry out monitoring. The monitoring shall be effectuated by carrying out baseline surveys, environment monitoring, subsequent examinations, remote measuring and characterisation of oil and chemicals. Sufficient information shall be obtained to see that all pollution caused by own activities is detected, mapped, assessed and alerted so that necessary measures can be implemented.

Guidelines Interpretations

Section 28
Use of facilities

Facilities shall be prepared for the planned use and shall be used and if applicable removed in a safe and proper manner, in accordance with the prerequisites for use on which design, engineering and manufacturing were based.

Guidelines Interpretations

Section 29
Co-ordination of emergency preparedness

The operator shall ensure that the emergency preparedness is co-ordinated when more than one facility or vessel are used simultaneously.

The emergency preparedness measures of the operator shall be suitable for co-ordination with public emergency preparedness resources.

The operator shall manage and co-ordinate the operations of the emergency preparedness resources in the event of accidents and hazardous situations.

The Petroleum Safety Authority and the Norwegian Pollution Control Authority may within their respective areas stipulate a requirement that a standby vessel, including aircraft, shall be stationed at facilities or vessels participating in the petroleum activities. Requirements with regard to the functions that a standby vessel shall be able to perform, may be stipulated.

Guidelines Interpretations

Section 30
Co-operation on emergency preparedness

The operators shall co-operate with operators of other production licences on the emergency preparedness against acute pollution. There shall be established regions with common emergency preparedness plans and common emergency preparedness resources. The Norwegian Pollution Control Authority may by individual decisions stipulate more detailed requirements with regard to regions.

The operator shall to the extent necessary co-operate with operators of other production licences to ensure necessary emergency preparedness in the areas of health, working environment and safety. When particular circumstances so warrant, the Petroleum Safety Authority may order and stipulate conditions for such co-operation, including an order to the effect that the financing thereof shall be a collective responsibility.

Guidelines Interpretations

Section 31
Safety work in the event of industrial disputes

In the event of industrial disputes the party responsible shall implement necessary measures to maintain a satisfactory level of safety.

The employer and the employees of the individual company shall enter into an agreement about safety work in the event of an industrial dispute. Such agreement shall contain

a) a run down agreement on how activities are to be wound up and wells secured in accordance with the applicable drilling programme, and the functions and positions that will form part of this work,

b) a safety manning agreement on the functions and positions that will form part of safety work after close down has been carried out and completed, and what the safety manning shall do.

The employees shall participate in necessary safety work according to agreement prior to work being halted.

The safety manning shall be described in the general plan for manning of the facility.

Guidelines Interpretations

CHAPTER VII
SAFETY ZONES

Section 32
Relationship to international law

The provisions of this chapter are applicable with the limitations which are recognised by international law or which follow from agreement with a foreign state.

Guidelines Interpretations

Section 33
Establishment of safety zones

Around and above facilities, with the exception of sub sea facilities, pipelines and cables, there shall be a safety zone, unless this is considered unnecessary based on a safety evaluation.

Guidelines Interpretations

Section 34
Establishment of safety zones for sub sea facilities

The Ministry of Labour and Social Inclusion may establish safety zones around and above subsea facilities with the exception of pipelines and cables.

Guidelines Interpretations

Section 35
Specific safety zones established in situations of hazard and accident

In the event of situations of hazard and accident which may lead to personal injury or loss of human lives, serious pollution, major damage to material assets or substantial production stoppage, the Ministry of Labour and Social Inclusion may extend the existing safety zones or establish new zones, to the extent this is considered necessary to prevent or to limit said harmful effects.

Guidelines Interpretations

Section 36
Requirement to impact assessments etc

Prior to making a decision on safety zones according to Section 34 on establishment of safety zones for subsea facilities and Section 35 on specific safety zones established in situations of hazard and accident, a weighing of the various interests affected shall take place. In this evaluation emphasis shall inter alia be put on the significant consequences which establishment of, alterations in or discontinuance of such zones may represent to the conduct of the petroleum activities or other activities. Furthermore, the question of what restrictions shall apply in the safety zone, shall be assessed and made clear.

Guidelines Interpretations

Section 37
Revocation of safety zones

Established safety zones shall be revoked when the conditions warranting their establishment no longer exist, or when the time period applicable to the zones has expired.

Guidelines Interpretations

Section 38
Monitoring of safety zones

The operator shall monitor all activity inside safety zones. The operator shall furthermore keep under observation what happens outside the zones when such activity may entail danger to the safety of the petroleum activities.

Guidelines Interpretations

Section 39
Alert and notification in connection with entry into safety zones

The operator shall alert a vessel about to enter a safety zone when it has no right to enter such area. The operator shall furthermore alert vessels outside a safety zone if the vessels may constitute a danger to the safety of the petroleum activities.

If an object may constitute a danger to the safety of the petroleum activities, the operator shall alert the person responsible for the object if possible.

The operator shall alert the Rescue Coordination Centre and the Petroleum Safety Authority in the event of situations as mentioned in the first and second paragraphs, and which may constitute a serious danger to the safety of the petroleum activities. The Ministry of Labour and Social Inclusion may stipulate alerting routines.

The operator shall in addition notify violation of safety zones to the appropriate police authority and to the Petroleum Safety Authority according to routines stipulated by the Ministry of Labour and Social Inclusion.

Guidelines Interpretations

Section 40
Measures against intruding vessels or objects

In the event of violation of safety zones and in dangerous situations as mentioned in Section 39 on alert and notification in connection with entry into safety zones, the operator shall, to the extent it is possible and safe, refuse entry to vessels or objects. Such refusal of entry may consist of instruction or expulsion.

If safety zones are violated by vessels or objects, and this violation entails serious danger to the safety of the petroleum activities, the refusal of entry may consist of physical measures. This applies correspondingly if vessels or objects outside safety zones entail such danger, and the operator has given warning as mentioned in Section 39 on alert and notification in connection with entry into safety zones.

Guidelines Interpretations

Section 41
Marking of safety zones

Safety zones established shall only be marked if the operator or the Ministry of Labour and Social Inclusion deems it to be necessary. Marking, if applicable, shall be according to international marking rules.

The Ministry of Labour and Social Inclusion may require marking to be altered.

Guidelines Interpretations

Section 42
Announcement of safety zones

Well in advance of the establishment of a safety zone, the operator shall ensure necessary public announcement. Such announcement shall inter alia be published in 'Etterretninger for Sjøfarende' ('Notifications to Seafarers') and in the publications of the fishery, and shall be in accordance with routines stipulated by the Ministry of Labour and Social Inclusion.

The announcement shall contain information on the safety zone and the prohibitions or limitations applicable to the zone. The position of the zone, its extent and duration, together with possible marking and other necessary information shall also be stated.

Revocation of a safety zone shall be announced in a corresponding manner.

Guidelines Interpretations

CHAPTER VIII
SPECIAL RULES ACCORDING TO THE WORKING ENVIRONMENT ACT

Section 43
Several employers at the same workplace, general

The individual employers conducting activities simultaneously at the same workplace shall co-operate in order to comply with the provisions laid down in and pursuant to these regulations, cf. the Working Environment Act Section 2-2 first paragraph. They shall also inform each other and their own employees about risk factors in the workplace. The employers shall ensure that the employees from other enterprises carrying out work within the operations of the employers have been given the necessary instruction in relation to the safety and health risks connected with the work.

Guidelines Interpretations

Section 44
Several employers at the same workplace, principal enterprise

The operator is the principal enterprise according to the Working Environment Act Section 2-2 second paragraph.

The operator and the party responsible for the operation of a facility or a manned underwater operation carried out from vessels or facilities, may nevertheless conclude an agreement as to who is to be regarded as the principal enterprise.

The principal enterprise is responsible for co-ordinating the safety and environmental work of the individual enterprises and has a particular duty to

a) ensure the establishment of routines for information exchange between the various

groups of employees in the workplace,

b) see to that all employees are assigned to a safety delegate in the workplace, and that they

are given the opportunity to put forward issues to the working environment committee,

c) see that the safety delegate and the safety and health personnel have the necessary

insight into the work operations in the workplace,

d) make sure that violations of relevant provisions of the Working Environment Act and

supplementary regulations are pointed out and corrected.

Guidelines Interpretations

Section 45
Joint working environment committees

Regulations relating to safety delegates and working environment committees, laid down by Royal Decree 29 April 1977 No.7, do not preclude that an agreement to establish joint working environment committees may be entered into.

Where work conditions so warrant, the Petroleum Safety Authority may decide that joint working environment committees shall be established as mentioned in the first paragraph. Such joint working environment committees will have duties and rights as other working environment committees according to the Working Environment Act and regulations issued pursuant to the Act.

Annual report from the working environment committees of the individual employer and from joint working environment committees shall be forwarded to the Petroleum Safety Authority on request.

Guidelines Interpretations

Section 46
Right of the responsible safety delegate to stop dangerous work

The responsible safety delegate may demand that a work operation or work process is stopped by the person responsible for the operation or the process. Such stopping shall be effectuated immediately if the safety delegate does not accept that alternative measures are implemented.

Guidelines Interpretations

Section 47
Ordinary working hours

The Working Environment Act Section 10-4 first, second, fourth and fifth paragraph and Section 10-5 do not apply to the scope of application of these regulations. The Working Environment Act Section 10-4 third paragraph applies only to employees who have watch duty according to agreement, instructions etc.

Ordinary working hours shall not exceed twelve hours per day (24-hour period) and 36 hours a week in average over a period of maximum one year. With regard to employees who work more than three hours during the night on a regular basis, ordinary working hours shall not exceed 8 hours per day (24-hour period) in average over a period of maximum one year.

The Ministry of Labour and Social Inclusion may decide that the Working Environment Act Section 10-12 fourth paragraph shall also apply to employees’ associations not entitled to submit recommendations, but which organise employees in several enterprises, and which do not have a restricted geographic field of activity.

With regard to employees on mobile facilities that are registered in the shipping register of a foreign state, the Ministry of Labour and Social Inclusion may decide that provisions on working hours stipulated in wage agreements applicable to comparable enterprises in pursuance of the Working Environment Act Section 10-12 fourth paragraph or previous paragraph, shall apply correspondingly.

Guidelines Interpretations

Section 48
Plans of working hours arrangements and periods of stay

The Working Environment Act Section 10-3 first sentence does not apply to the scope of application of these regulations.

The operator or the one responsible for the operation of a facility, shall ensure that plans are prepared for the arrangement of working hours and the periods of stay to be practised, both for his own employees and the employees of contractors and sub-contractors.

The employees shall be informed of these plans as early as possible, and at the latest when they arrive at the facility.

Guidelines Interpretations

Section 49
Off-duty periods

The Working Environment Act Section 10-8 does not apply to the scope of application of these regulations.

Employees shall have a consecutive off-duty period of at least 11 hours in the course of one day (24-hour period). The off-duty period shall be placed between two main work periods. The off-duty period may be reduced to 8 hours if the employees are ensured compensating rest periods of a corresponding kind or, where this is not possible, other suitable protection.

The off-duty period between two periods of stay shall have a consecutive duration of at least one third of the latest completed period of stay.

The time used to travel to and from the workplace at the beginning or the end of each period of work or stay shall not be regarded as working hours. All the same, travelling time to and from accommodation facilities may not entail any reduction in the 8-hour rest requirement in the second paragraph.

Guidelines Interpretations

Section 50
Breaks

The Working Environment Act Section 10-9 first paragraph, second and third sentence are not applicable to the scope of application of these regulations.

Rest breaks shall be of a duration of at least half an hour if the working hours are at least eight hours per day (24-hour period), and one hour when the working hours are at least twelve hours per day (24-hour period). Rest breaks shall be counted as working hours.

Guidelines Interpretations

Section 51
Overtime

The Working Environment Act Section 10-6 fourth up to and including ninth paragraph does not apply to the scope of application of these regulations.

Total working hours, including overtime, shall not exceed 16 hours per day (24-hour period). The overtime shall not exceed 200 hours in a 52 week period.

In enterprises bound by wage agreements, the employer and the representatives of the employees may enter into written agreements on overtime, not exceeding 300 hours in a 52 week period for the individual employee.

Guidelines Interpretations

Section 52
Periods of stay

Periods of stay shall not exceed 14 days.

In cases of exceptional and time-limited needs the employer may extend the period of stay by up to seven days for one single period, after having discussed the matter with the elected representative of the employees.

In cases as mentioned to in the second paragraph, the Petroleum Safety Authority may decide to extend the period of stay beyond seven days.

In respect of employees with particular qualifications, the Petroleum Safety Authority may on application approve periods of stay in excess of 14 days in particular cases. A statement from the relevant working environment committee shall accompany the application.

An employee shall be entitled to exemption from an extended period of stay on conditions similar to those laid down in the Working Environment Act Section 10-6 tenth paragraph.

Guidelines Interpretations

Section 53
Night work

The Working Environment Act Section 10-11 does not apply to the scope of application of these regulations.

Work between 11.00 p.m. and 6.00 a.m. or between 12.00 midnight and 7.00 a.m. is night work.

Night work is allowed when

a. it is necessary to uphold production or the work is related to activities directly linked to drilling and well activities, including necessary support functions,

b. the health, safety and environment risk is reduced if the work is done at night,

c. operation of the facility has been closed down, and the work does not imply any special risk.

Prior to starting any work, the employer shall discuss the necessity of night work with the elected representatives of the employees.

Working hours for employees who work more than three hours during the night, shall not exceed 8 hours in the course of 24 hours if the work implies a special risk or significant physical or psychic strain. The employer and the elected representatives of the employees in enterprises bound by wage agreements, may enter into written agreements saying that the provision in the former sentence shall be exempted from. In that case, the employees shall be ensured compensating rest periods of a corresponding kind or, where this is not possible, other suitable protection.

The provisions in this section also apply to employees in senior or particularly independent positions.

Guidelines Interpretations

Section 53A
Work on sundays

The Working Environment Act Section 10-10 does not apply to the scope of application of these regulations.

Guidelines Interpretations

Section 54
Minimum age

Employees participating in the petroleum activities according to these regulations shall have turned 18 years of age when they take up work. The Working Environment Act Section 11-1 up to and including Section 11-5 do not apply to the scope of application of these regulations.

Guidelines Interpretations

CHAPTER IX
CLOSING PROVISIONS

Section 55
Supervisory authority

The Petroleum Safety Authority, the Norwegian Pollution Control Authority

and the Norwegian Board of Health or the one authorised by them shall carry out supervision within their respective areas of authority to see that the requirements of the legislation relating to health, environment and safety are complied with.

Guidelines Interpretations

Section 56
Authorities’ access to facilities and vessels

Representatives of the Ministry of Labour and Social Inclusion, the Ministry of the Environment, the Ministry of Health and Care Services, the Petroleum Safety Authority, the Norwegian Pollution Control Authority, the Norwegian Board of Health or other authority decided by the Petroleum Safety Authority, shall have access at all times to vessels and facilities for petroleum activities, as well as to material and information necessary to carry out supervision, and shall have the right to participate in investigations. Representatives of the authorities shall have the right to stay on vessels and facilities as long as necessary. The operator shall arrange transport of representatives of the authorities to and from vessels and facilities, as well as their stay on board.

Guidelines Interpretations

Section 56A
Administrative proceedings and duty of secrecy

The rules of Act 10 February 1967 relating to procedure in cases concerning the public administration (the public administration Act) section 18 first paragraph on a party’s right to acquaint himself with the documents in the case, do not apply in the event of an application for a production licence.

Information of any kind that is reported to the authorities in connection with an application for a production licence, shall be subject to a duty of secrecy until the production licences of the areas in question have been granted. Afterwards, the information shall be subject to a duty of secrecy to the extent this is prescribed by the public administration Act, for a time period of 20 years, cf. the public administration Act section 13c third paragraph.

The provisions on duty of secrecy in the public administration Act sections 13 to 13f including, apply to administrative agencies that receive or deal with information or material about petroleum activities, nonetheless such that the duty of secrecy ceases to apply after 20 years, cf. the public administration Act section 13c third paragraph.

The provisions of this section shall not prevent the Ministry from giving general statements about the activities, neither from exchanging information as assumed in Act 3 June 1994 No. 15 relating to the Unity Register chapter 6.

The provisions of this section neither shall prevent exchange of information with the Ministry of Petroleum and Energy and the Norwegian Petroleum Directorate.

Guidelines Interpretations

Section 56B
Observers

Representatives from the Ministry of Labour and Social Inclusion and the Petroleum Safety Authority shall be able to participate as observers in co-operating agencies that are established according to agreements as mentioned in the petroleum Act section 3-3, on account of joint activities as mentioned in the petroleum Act section 4-7 and in co-operating agencies, if any, that are established in connection with installation and operation of facilities as mentioned in the petroleum Act section 4-3.

Guidelines Interpretations

Section 57
Regulations

The Petroleum Safety Authority, the Norwegian Pollution Control Authority and the Norwegian Directorate for Health and Social Welfare may within their respective areas of authority issue the regulations necessary for the enforcement of these regulations, inter alia provisions in relation to

a) management of the petroleum activities, including the contents, follow-up and further

development of management systems,

b) material and information in the petroleum activities, including provisions on content,

extent, type, format and time of submission or accessibility,

c) design and outfitting of facilities etc. in the petroleum activities,

d) conduct of activities in the petroleum activities.

Regulations laid down by the King or the Ministry of Labour and Social Inclusion pursuant to the Working Environment Act apply to the petroleum activities unless otherwise provided by the individual regulations.

Regulations laid down by the King or the Ministry of Health and Care Services pursuant to the Act relating to medicines etc. and the acts as mentioned in these regulations Section 2 subsection 2 literas a to c on scope of application etc., apply to the petroleum activities unless otherwise provided by the individual regulations. Regulations issued by virtue of Act on health and social preparedness do not apply to petroleum activities unless otherwise specifically stated in the individual regulations.

Guidelines Interpretations

Section 58
Individual decisions

The Ministry of Labour and Social Inclusion, the Ministry of the Environment, the Ministry of Health and Care Services, the supervisory authorities as mentioned in Section 55 or the one authorised by them, may make such individual decisions as are necessary in order to enforce provisions laid down in or pursuant to these regulations, with the specifications which follow from Section 13 on duty to establish, follow up and further develop a management system, fourth paragraph.

Guidelines Interpretations

Section 59
Exemptions

The Ministry of Labour and Social Inclusion, the Ministry of the Environment, the Ministry of Health and Care Services, the supervisory authorities as mentioned in Section 55 or the one authorised by them may make exemptions from the provisions issued in or in pursuance of these regulations within their respective areas of authority when special circumstances for such exemption exist, with the specifications which follow from Section 13 of these regulations on the duty to establish, follow up and further develop a management system, fifth paragraph.

If the exemption may be of importance to safety and the working environment, a statement from the elected representative of the employees relating to the application shall be enclosed with the application for exemption.

Guidelines Interpretations

Section 60
Training of civil servants

The Ministry of Labour and Social Inclusion may order the licensee to provide training of employees of the Ministry of Labour and Social Inclusion, the Ministry of the Environment, the Ministry of Health and Care Services, the Petroleum Safety Authority, the Norwegian Pollution Control Authority, the Norwegian Board of Health or other Norwegian authority. Such training shall take place according to further agreement.

The Ministry of Labour and Social Inclusion may order the licensee to make provision for teachers teaching petroleum related subjects in Norwegian educational institutions to obtain practical on the job training at the offices, plants and facilities of the licensee.

Guidelines Interpretations

Section 61
Appeal

Individual decisions by the Ministries in their capacity as the first instance in the administrative procedure pursuant to these regulations, may be appealed to the King in Council.

Individual decisions made by the Petroleum Safety Authority pursuant to these regulations and regulations issued in pursuance of these regulations, may be appealed to the Ministry of Labour and Social Inclusion. Individual decisions made by the Norwegian Pollution Control Authority may be appealed to the Ministry of the Environment. Individual decisions made by the Norwegian Board of Health or anyone authorised by the Norwegian Board of Health may be appealed to the Ministry of Health and Care Services or the Norwegian Board of Health respectively.

Guidelines Interpretations

Section 62
Sanctions

Provisions with regard to penalties and other sanctions contained in the legislation relating to health, environment and safety apply to violation of provisions stipulated in and pursuant to these regulations.

Guidelines Interpretations

Section 63
Entry into force, repeal of regulations and transitional arrangements

1. These regulations enter into force on 1 January 2002.

2. At the time of entry into force of these regulations, the following regulations shall be

repealed:

a) Regulations 27 November 1992 No. 870 relating to worker protection and

working environment in the petroleum, laid down by Royal Decree,

b) Regulations 18 March 1992 No. 173 relating to emergency preparedness in

the petroleum activities. Issued by the Directorate of Health, the Ministry of the

Environment Norwegian and the Norwegian Petroleum Directorate,

c) Regulations 11 June 1990 No. 471 relating to manned underwater operations in

the petroleum activities, issued by the Directorate of Health and the Norwegian

Petroleum Directorate

d) Regulations 7 February 1992 No. 147 relating to drilling and well activities and

geological data collection in the petroleum activities, issued by the Norwegian

Petroleum Directorate,

e) Regulations 7 February 1992 No. 145 relating to load bearing structures in the

petroleum activities, issued by the Norwegian Petroleum Directorate,

f) Regulations 7 February 1992 No. 146 relating to explosion and fire protection

of installations in the petroleum activities, issued by the Norwegian Petroleum

Directorate,

g) Regulations 8 January 1991 No. 5 relating to electrical installations in the

petroleum activities, issued by the Norwegian Petroleum Directorate,

h) Temporary regulations of 22 March 1996 No. 390 relating to simple pressure

vessels, aerosols and personal protective equipment in the petroleum activities, issued by the Norwegian Petroleum Directorate,

i) Regulations 4 December 1990 No. 1187 relating to implementation and use of

risk analyses in the petroleum activities, issued by the Norwegian Petroleum

Directorate and the Ministry of the Environment,

j) Regulations 12 November 1990 No. 1163 relating to health service in the petroleum activities, issued by the Directorate of Health,

k) Regulations 17 June 1991 No. 386 relating to hygiene etc. applicable to installations in the petroleum activities, with the exception of Chapter III of the regulations relating to potable water, issued by the Ministry of Social Affairs and the Directorate of Health,

l) Regulations 7 February 1992 No. 148 relating to lifting appliances and lifting

gear in the petroleum activities, issued by the Norwegian Petroleum Directorate,

m) Regulations 7 February 1992 No. 149 relating to marking of installations in

the petroleum activities, issued by the Norwegian Petroleum Directorate,

n) Regulations 1 December 1989 No. 1328 relating to environmental data in the

petroleum activities, issued by the Norwegian Petroleum Directorate,

o) Regulations 7 February 1992 relating to process and auxiliary facilities

in the petroleum activities, issued by the Norwegian Petroleum Directorate. The regulations are repealed with the exception of provisions on pressure equipment which is comprised by Regulations 9 June 1999 No. 721 relating to pressure equipment. Until 29 May 2002 the requirements contained in regulations relating to process and auxiliary facilities may be used in respect of pressure equipment in accordance with Regulations 9 June 1999 No. 721 relating to pressure equipment, Section 8,

p) Regulations 30 April 1990 No 349 relating to pipeline systems in the petroleum

activities, issued by the Norwegian Petroleum Directorate,

q) Regulations 27 June 1997 No. 649 relating to safety in the petroleum activities,

laid down by Royal Decree

r) Regulations 7 February 1992 No. 150 relating to safety and communication

systems on installations in the petroleum activities, Issued by the Norwegian Petroleum Directorate,

s) Regulations 27 June 1997 No. 650 relating to management systems for compliance with statutory requirements in relation to safety, working environment and protection of the external environment in the petroleum activities, laid

down by Royal Decree,

t) Regulations 8 March 1995 No.263 relating to systematic follow-up of the

working environment in the petroleum activities, issued by the Norwegian Petroleum Directorate,

u) Regulations 10 June 1991 No. 424 relating to discharge of oil-contaminated

drill cuttings, issued by the Ministry of the Environment.

3. At the time of entry into force of these regulations the following regulations shall be amended:

a) Regulations 9 July 1992 No. 1269 relating to alert of acute pollution or the risk of acute pollution, issued by the Ministry of the Environment. The scope of application of the regulations is amended so as to exclude the continental shelf.

b) Regulations 29 April 1977 No. 7 relating to safety delegates and working

environment committees, Section 1, shall read as follows: These regulations apply to activities in areas as mentioned in the Working Environment Act Chapter VII, Sections 23-26 and Section 29, subsection 2 and to areas as mentioned in the Regulations relating to health, environment and safety in the petroleum activities (The Framework Regulations) Section 2 subsection 1 litera d, with the exception of Appendix to the Framework Regulations Section 1 litera a.

c) Regulations 14 June 1985 No. 1157 relating to work with ionizing radiation, Section 1 third paragraph shall read as follows: These regulations shall apply to activities in areas as mentioned in the Working Environment Act Section 7 subsection 2, Section 8 subsection 4, Section 14 last paragraph, Section 21 second paragraph and Section 22 last paragraph and in areas as mentioned in the Regulations relating to health, environment and safety in the petroleum activities (The Framework Regulations) Section 2 subsection 1 litera d, with the exception of Appendix to the Framework Regulations Section 1 litera a.

d) Regulations 16 August 1991 No.600 relating to asbestos, Section 1 second paragraph shall read as follows: These regulations shall apply to activities in areas

as mentioned in the Regulations relating to health, environment and safety in the petroleum activities (The Framework Regulations) Section 2 subsection 1 litera d, with the exception of Appendix to the Framework Regulations Section 1 litera a.

e) Regulations 19 August 1994 No. 820 relating to machinery:

The legal basis of the regulations shall be redefined, so that Act 29 November 1996 No. 72 relating to petroleum activities Section 10-18 first paragraph replaces Regulations 27 June 1997 No. 649 relating to safety in the petroleum activities. Section 1 subsection 6 shall read as follows: The regulations are applicable to permanently placed facilities in the petroleum activities in areas as mentioned in the Regulations relating to health, environment and safety in the petroleum activities (The Framework Regulations) Section 2 subsection 1 literas b and d, with the exception of areas as mentioned in Appendix to the Framework Regulations.

4. Regulations and individual decisions issued or maintained pursuant to regulations mentioned in subsection 2 shall continue to be applicable until they may be repealed or altered in the respective areas of authority by the Ministry of Labour and Social Inclusion, the Petroleum Safety Authority, the Ministry of the Environment, the Norwegian Pollution Control Authority, the Ministry of Health and Care Services, the Norwegian Board of Health or the Norwegian Agency for Health and Social Welfare.

5. Facilities for which application for consent have been submitted by 31 December 2003, cf. Section 17 on general requirements to material and information last paragraph, will be taken up for ordinary consideration although there exists no acknowledgement of compliance at the time of submitting the application.

6. For mobile facilities other than mobile drilling facilities, the entry into force of the requirement in Section 17 third paragraph fourth sentence is postponed to 1 January 2007. All facilities that are to be used after 1 January 2008 under an existing consent or under a consent issued before 1 January 2007, must have an acknowledgement of compliance by 1 January 2008.

Guidelines Interpretations

APPENDIX

Application of the Working Environment Act in petroleum activities outside the Norwegian part

of the continental shelf and during relocation

1. More about the scope of application

a) outside the Norwegian part of the continental shelf

With regard to petroleum activities outside the Norwegian part of the continental shelf, which are carried out from mobile facilities registered in a Norwegian register of shipping, points 2 to 7 inclusive of this Appendix shall apply. In areas as mentioned in the preceding sentence, the Ministry of Labour and Social Inclusion may in addition decide by regulations or individual decision that the Working Environment Act and Chapter VIII of these regulations shall apply in part or totally in relation to petroleum activities as mentioned in these regulations Section 2 on scope of application etc., subsection 1 litera d first sentence.

The parties affected shall be heard before the Ministry of Labour and Social Inclusion makes its decision according to the first paragraph second sentence of this point. The decision shall take into consideration internationally recognised standards applicable to the legal area in question.

b) during relocation outside the Norwegian part of the continental shelf

During relocation of facilities registered in a Norwegian register of shipping inside and between the areas as mentioned in this Appendix point 1 litera a, these regulations Chapter VIII shall apply with the exceptions and special rules that follow from this Appendix points 2 to 7 inclusive.

c) during other relocation

With regard to relocation of facilities in areas as mentioned in these regulations Section 2 on scope of application etc., subsection 1 litera d first sentence, these regulations Chapter VIII shall apply with the exceptions and special rules that follow from this Appendix points 5, 6 and 7.

2. Engagement, dismissal with notice and summary dismissal etc.

With regard to petroleum activities as mentioned in this Appendix point 1 literas a and b, the Working Environment Act Section 14-2, Section 14-4, Section 14-9, Section 14-10, Section 14-11, Section 14-16, Section 14-17, Section 14-18, Section 14-19, Section 14-20, Chapter 15 with the exception of Section 15-11, and Chapter 17 to engagement with employers of Norwegian citizens and employers of citizens of other countries who according to agreement are to be treated on an equal basis with Norwegian citizens. The same applies to rights granted to the Norwegian transferor or the new Norwegian owner in the Working Environment Act Chapter 16. Section 14-2, Section 14-4, Section 14-9, Section 14-10, Section 14-11, Section 14-16, Section 14-17, Section 14-18, Section 14-19, Section 14-20, Chapter 15 with the exception of Section 15-11, Chapter 16 and Chapter 17 shall nevertheless not apply if the engagement is expressly limited to apply only to facilities in the petroleum activities outside the Norwegian part of the continental shelf.

3. Application of the Seamen’s Act to mobile facilities registered in a Norwegian register of shipping, and conducting petroleum activities outside the Norwegian part of the continental shelf

The following provisions of the Seamen’s Act are applicable to petroleum activities comprised by this Appendix Point 1 literas a and b:

Section 27 on the duty of care in the event of illness and injury,

Section 30 on death and burial,

Section 45 on goods and effects taken on board etc.

Section 46 on belongings left on board,

Section 47 on compensation for lost belongings,

Section 48 on instruments of power,

Section 49 on the duties of the ship master in the event of serious offence committed on board,

Section 53 on the duty of the ship master to appear at a Foreign Service Station.

With regard to petroleum activities according to this Appendix point 1 litera a, the Seamen’s Act Section 47 nevertheless only apply to those who according to this Appendix point 2, are comprised by the Working Environment Act Section 14-2, Section 14-4, Section 14-9, Section 14-10, Section 14-11, Section 14-16, Section 14-17, Section 14-18, Section 14-19, Section 14-20, Chapter 15 with the exception of Section 15-11, and Chapter 17.

4. Duty of the one responsible for the operation of a mobile facility

With regard to petroleum activities as mentioned in this Appendix point 1 literas a and b, the one responsible for the operation of a mobile facility registered in a Norwegian register of shipping, shall on request submit to the Petroleum Safety Authority a total evaluation of aspects relating to the working environment.

5. Duty to see to it

With regard to petroleum activities as mentioned in this Appendix point 1 literas a, b and c, the one responsible for the operation of a mobile facility registered in a Norwegian register of shipping, has a corresponding duty as mentioned in these regulations Section 5 on responsibility according to these regulations, second paragraph.

6. Principal enterprise

With regard to petroleum activities as mentioned in this Appendix point 1 literas a, b and c, the one responsible for the operation of a mobile facility registered in a Norwegian register of shipping, shall be considered to be the principal enterprise as mentioned in these regulations Section 44 on several employers at the same workplace, principal enterprise.

7. Right of the responsible safety delegate to stop dangerous work

With regard to petroleum activities as mentioned in this Appendix point 1 literas a, b and c, the responsible safety delegate shall report to the chief executive on mobile facilities registered in a Norwegian register of shipping. The chief executive shall decide as soon as possible whether the work operation is to be stopped.

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