§ 33 Multiple employers at the same workplace, principal undertaking
The operator is the principal undertaking according to Section 2-2, second subsection of the Working Environment Act.
However, the operator and the party responsible for the operation of a facility or a manned underwater operation that is carried out from vessels or facilities, can agree upon which of them is considered to be the principal undertaking.
Section last changed: 01 January 2011
If a mobile facility carries out traditional drilling activities on the shelf, such as exploration or development drilling, the facility will often operate without other facilities in the vicinity of which it is an integrated part. In such cases, the operator will typically not be represented on board in such a manner that it is natural for the operator to be the principal undertaking. This can also apply in other cases.
Access to enter into agreements as mentioned in the second subsection, also applies for manned underwater operations carried out from vessels.
The principal undertaking shall coordinate the safety and environment work on board, cf. Section 2-2, second subsection of the Working Environment Act. The section continues current law under the Working Environment Act. The coordination responsibility includes the safety and health service as well as the protective measures the principal undertaking is responsible for. The coordination shall contribute to ensure that the individual employers receive necessary information regarding each other's work so that harm to the other employer's employees can be avoided through preventive measures. This will particularly apply to protective measures in connection with technical facilities and equipment used by several employers. See also Section 8 of these regulations.
The fact that the principal undertaking responsibility is assigned to a certain obligated party, does not preclude tasks being given to other participants by agreement. The principal undertaking will in such cases have the responsibility to see to it that the participant in question is qualified, and executes its tasks in a prudent manner. It can often be appropriate to give the principle undertaking more tasks than what follows from these regulations. Such tasks can e.g. be responsibility for employees in other enterprises as regards mapping of the working environment, registration and review of working hours and registration and reporting of personal injuries and work-related illnesses.