Technical Safety Bulletin
The duties apply to all safety-related control systems, the implication being that Operators should be
aware which, if any, of their control systems are safety related and take all reasonably practicable steps
to make them safe, including adequate testing and maintenance.
Persons in control of parts of a facility or particular work, and employers
As outlined in relevant sections of Clauses 10 and 11 of the Offshore Petroleum and Greenhouse Gas
Storage Act 2006, it is not only employers of people working on a facility who have very similar duties to
Operators. Anyone given responsibility or control of a part of a facility, or of any particular work carried
out at a facility, is subject to the same duties.
This extends the duty of care to include, among others, diving supervisors, contract labour, operators of
remotely controlled vehicles, and those in control of mobile drill rigs located temporarily on fixed
Clause 12(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is relevant to anyone
who manufactures plant that they ought reasonably to expect will be used by members of the workforce
of a facility. It would be applicable, for example, to developers of electronic permit-to-work systems as
well as to manufacturers of automated pipe handling systems, gas detection and shutdown systems,
and dynamic positioning systems.
The manufacturers‟ duties differ from those placed on Operators, employers and persons in control of
parts of the facility or particular work in that it includes a requirement to carry out all reasonably
practicable research and testing necessary to discover and eliminate or minimise any risk, and make
the plant safe.
It also includes the duty to ensure that the plant is so designed and constructed as to be safe when
properly used so far as is reasonably practicable. For manufacturers of plant, the functional safety
aspects of this duty could relate to identifying possible methods of preventing the defeating of safety
devices, such as interlocks, and that manufacturers should be clear as to what comprises the intended
use of the plant they have manufactured.
Finally, the legal duty includes making available adequate written information about the use for which
the plant has been designed and tested, details of its design and construction, and any conditions
necessary to ensure that it will be safe when employed for its intended purpose (the use for which it
was designed and tested).
This implies that manufacturers of plant should provide information on inspection, testing and
maintenance and any other information necessary to meet the required legal duty.
Suppliers of plant are covered by Clause 13 of the Offshore Petroleum and Greenhouse Gas Storage
Act 2006. This requires suppliers to ensure that, so far as is reasonably practicable, at the time of
supply, the plant is in such condition as to be safe when properly used.