The Offshore Safety Directive (4) — the bigger picture
By Laura Mackett and Sam Boileau
Our previous posts on the Offshore Safety Directive (OSD) discussed some of the anticipated new regulatory requirements as well as what companies and the UK government need to be considering to get ready for the OSD’s implementation. We will be looking further into some of the tricky issues once the Health and Safety Executive (HSE) and Department of Energy & Climate Change’s (DECC’s) hotly anticipated consultation paper and draft statutory instruments have been published, hopefully this month.
The forward thinking among you will already be asking ‘what’s next?’. ‘Quite a lot’ is the answer. With further reforms on the horizon in both the civil and criminal liability spheres, the OSD appears to be only the EU’s first step in reforming our offshore environmental and safety regimes in response to the Macondo disaster.
The offshore oil and gas industry will be subject to common rules governing a range of safety and environmental management issues (OSD), together with a common liability regime to govern marine remediation in the event of a major spill (the Environmental Liability Directive). There are, however, two other important areas of legal liability that the OSD does not cover and that remain a matter of national law within the EU…
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