Revising an existing safety case to comply with the 2005 Safety Case Regulations

• Operations notice: 69
• Issue date: Nov 2005

Introduction

1. This guidance is for any duty holder with an accepted safety case under the Offshore Installations (Safety Case) Regulations 1992 (SCR 1992) whose offshore installation will continue to operate in UK jurisdiction after 6 April 2006. On that date the 1992 Regulations are revoked and the 2005 Regulations (SCR 2005) come into force.

2. There are two main issues to consider:

• actions required to make a safety case comply with SCR 2005 in general; and
• actions required to comply with specific requirements concerning combined operations.

3. This guidance also covers some other questions, such as when to stop preparing and sending SCR 1992 Reg 9(4) revisions.

Revising an operational safety case to comply with the new Regulations in general

4. Every existing operational safety case must be revised before 6 April 2009 to include the information required by SCR 2005 Reg 12 and either Schedule 2 or Schedule 3, as appropriate for the type of installation (except where SCR 2005 regulation 27(5) applies, as described in the Q and A below).

5. These revisions, unlike those for combined operations discussed below, do not need to be sent to HSE because the requirements for material changes to be sent to HSE under SCR 2005 Reg 14(2) do not apply to transitional revisions made under SCR 2005 Reg 27. However, this does not preclude a material change revision being required during the transitional period for a reason not related to SCR 2005 Reg 27.

Revising an operational safety case to describe the management of combined operations

6. This affects any duty holder with an accepted safety case under SCR 1992 for an offshore installation that might be, or will be, involved in any combined operations on or after 6 April 2006.

7. SCR 2005 changes the way combined operations are covered by safety cases. Every operational safety case must, before 6 October 2007, include the information required by SCR 2005 Reg 12 so far as it concerns combined operations and either Schedule 2 paragraph 14 or Schedule 3 paragraph 13. These revisions must be accepted by HSE. The revision requirement is set out in SCR 2005 Reg 27(1) and is referred to below as ‘a description of the management of combined operations’.

8. However, there are transitional arrangements designed to facilitate the change from SCR 1992. These include retaining for another 18 months the 1992 Regulations as an alternative to complying with SCR 2005 during this period, so far as both concern combined operations. Duty holders can choose which option to adopt for the first 18 months. This gives some flexibility in dealing with combined operations in this period. This guidance should help you to understand these changes and to choose the option(s) that are best for your circumstances.

9. One (or more) of the following options is likely to suit you. What you do is your choice as long as you comply with the law.

A. Do not revise the operational safety case to include the specified particulars concerning combined operations because there is no expectation of the installation being involved in combined operations. Implications:

• There will be no need for any other action if the installation is never involved in combined operations.
• If combined operations are going to take place, you will have to change to one of options C, D or E below.

B. Do not revise the operational safety case to include the specified particulars concerning combined operations because it is already included. Implications:

• No other revision to the operational safety case concerning combined operations will be required except as appropriate under SCR 2005 Reg 14 for any subsequent change in the particulars relating to combined operations.
• Any combined operations involving the installation on or after April 6 2006 will require notification to HSE under SCR 2005 Reg 10.

C. Revise the operational safety case with the specified particulars concerning combined operations and send it to HSE before 6 April 2006. Implications:

• This will anticipate SCR 2005 coming into force and it will be a SCR 1992 Reg 9(2) material change revision if accepted before 6 April 2006. If accepted on or after 6 April 2006 it will be a SCR 2005 Reg 27(1) revision. The contents of the revision will be the same either way and HSE expects to be able to assess all such revisions in six weeks or less (just like a combined operations safety case under SCR 1992 Reg 6). However, if the safety case is also sent for other reasons the whole assessment might take considerably longer as at present.
• No other revision to the operational safety case concerning combined operations will be required except as appropriate under SCR 2005 Reg 14.
• Any combined operations involving the installation on or after April 6 2006 will require notification to HSE under SCR 2005 Reg 10.

D. Revise the operational safety case with the specified particulars concerning combined operations and send it to HSE after 6 April 2006 but before 6 October 2007. Implications:

• This will be a SCR 2005 Reg 27(1) revision. HSE expects to be able to assess any such revision in six weeks or less (just like a combined operations safety case under SCR 1992 Reg 6), although if the safety case is also sent for other reasons the other parts of the assessment might result in it taking up to three months, as at present.
• Once this revision is accepted, no other revision to the operational safety case concerning combined operations will be required except as appropriate under SCR 2005 Reg 14.
• Any combined operations involving the installation on or after the revision is accepted will require notification to HSE under SCR 2005 Reg 10.
• Any combined operations involving the installation taking place before 6 October 2007 and before the SCR 2005 Reg 27(1) revision is accepted will require a combined operations safety case under SCR 1992 Reg 6 to be sent and accepted beforehand.
• A SCR 2005 Reg 27(1) revision accepted by HSE is required for any combined operation involving the installation that continues after 6 October 2007 even if a combined operations safety case under SCR 1992 Reg 6 was accepted beforehand.
• After 6 October 2007 a combined operations safety case under SCR 1992 Reg 6 ceases to be valid. A SCR 2005 Reg 27(1) revision must be accepted before the first combined operation starting on or after 6 October 2007. Any combined operation continuing or starting on or after 6 October 2007 will also require a notification under SCR 2005 Reg 10.

E. Revise the operational safety case with the specified particulars concerning combined operations and send it to HSE after 6 October 2007 because an expectation of the installation being involved in combined operations arises for the first time. Implications:

• This will be a SCR 2005 Reg 14(2)(a)(ii) revision, ie a material change. Assessment of a material change revision typically takes three months, but only six weeks where it involves a combined operation.
• Any combined operations can only take place after the revision is accepted and require notification to HSE under SCR 2005 Reg 10.

Questions and answers about revisions during the transition

Q1 What do I need to do if my combined operations start before 6 April 2006 and finish after?

A1 Any combined operations starting before 6 April 2006 will require a SCR 1992 Reg 6 combined operations safety case accepted by HSE. This will remain valid (subject to revision under SCR 1992 Reg 9) for the combined operations it describes until 6 October 2007. From that date it will be necessary to comply with all the relevant requirements of SCR 2005, including having revised the operational safety case to describe how combined operations are managed, and notifying HSE of any combined operations being carried out.

Q2 Can I carry out combined operations that start after 6 April 2006 with a SCR 1992 Reg 6 combined operations safety case accepted by HSE?

A2 Yes. This is an alternative to complying with SCR 2005 until 6 October 2007. From that date the combined operations safety case will cease to be valid and it will be necessary to comply with all the relevant requirements of SCR 2005, including having revised the operational safety case to describe how combined operations are managed and notifying HSE of any combined operations being carried out.

Q3 Can I make all the revisions required by Regulation 27 in one go, ie both those relating to combined operations and those not?

A3 Yes, so long as you comply with the preferred option for combined operations. HSE will only assess the revisions relating to combined operations. If you send the full revision to HSE please make sure that the changes to be assessed are clearly distinguished from the others.

Q4 If I have revised my operational safety case to describe combined operations how would I carry out combined operations with a duty holder who has not revised their operational safety case and chooses not to before we start?

A4 Up to 6 October 2007 you and the other duty holder(s) would be able to proceed with a SCR 1992 Reg 6 combined operations safety case. After that date, the operational safety cases of all the duty holders involved must be updated to include combined operations and accepted by HSE before the combined operations commence.

Q5 HSE has accepted an abandonment safety case for my installation under SCR 1992 Reg 7, but on 6 April 2006 it will still be operating under a SCR 1992 Reg 4(2) safety case. Which should I revise?

A5 The SCR 1992 Reg 7 abandonment safety case should be revised; see SCR 2005 Reg 27(5). This revision (and any that might be subsequently required under SCR 2005 Reg 14) will cover operations and decommissioning prior to final dismantling. Final dismantling will require a specific revision under SCR 2005 Reg 11.

Q6 Do I still need to revise my operational safety case to comply with SCR 1992 Reg 9(4)?

A6 If the current operational safety case acceptance letter from HSE is dated 5 April 2003 or earlier, it is necessary to send HSE a SCR 1992 Reg 9(4) revision as usual (ie at least three months before the three-year period ends). If the current operational safety case acceptance letter from HSE is dated 6 April 2003 or later, there is no need to send HSE a SCR 1992 Reg 9(4) revision. The current operational safety case will be valid when SCR 2005 comes into force, so it will be the ‘current safety case’ as defined by SCR 2005 Reg 2.

Q7 Do I still have to send my safety case to HSE for assessment at regular intervals?

A7 No. There is no requirement for regular resubmission of the current safety case in SCR 2005. However, SCR 2005 Reg 13 requires the duty holder to carry out a ‘thorough review’ of the safety case at least every five years from the date of its acceptance letter. You must send HSE a short summary report after carrying out each review. There is no change at all in the duty to revise the operational safety case as appropriate and, as before, if the change is material, the revision must be sent to HSE for assessment.