34 renewable energy focus May/June 2010

Feature article

Securing the safety of offshore wind workersOFFSHORE WIND CARRIES A NUMBER OF SPECIFIC HEALTH AND SAFETY

RISKS FROM WIND TURBINE CONSTRUCTION TO THE WELLDOCUMENTED

DANGERS OF WORKING AT SEA. PETER ATKINSON EXAMINES THE LACK OF

CONCRETE REGULATION IN THE INDUSTRY AND ADVISES COMPANIES ON

HOW TO MANAGE RISK APPROPRIATELY.

The UK energy industry is going through significant and rapid changes

in working practices and, as in previous periods of sudden industrial

expansion, it is taking a considerable amount of time for regulation to

catch up. Those involved in offshore wind, in particular, are aware of the

general dangers involved in the manufacture, installation, operation and

maintenance of wind turbines but the plethora of risks involved have not

yet been properly documented.

The current superficial level of knowledge and understanding of the

industry is best illustrated by a Health and Safety Executive (HSE) report for

the UK Government’s 2006 energy review. This expert report considered

potential health and safety risks arising from offshore wind, wave and

tidal power together with recent and future energy development.

A “relatively simple operation”

The report described offshore wind farm construction as “a relatively

simple operation”. It examined issues such as construction of wind turbines,

transportation of components and connection to national power grids and

went on to describe the offshore wind power industry as “relatively low risk

compared with the major hazard nature of offshore oil and gas”.

The occupational hazards associated with offshore wind farms were iden-

tified by the HSE as coming from two main areas:

■ Construction and major repair – Operation of jack-up construction

barges and associated lifting operations during tower and nacelle erec-

tion. However, the report acknowledged that health and safety issues

may be more challenging in the future as wind turbines get larger;

■ Operation and minor repair – Primary issues are access and egress,

working at height and emergency response. The report estimated that

each wind turbine requires up to 6 maintenance visits each year.

But the report made no mention of risks due to electrocution, diving,

underwater hazards and evacuation from tower platforms in the event of

fire. It made no mention either of how the HSE intends to work with other

agencies regulating maritime activities, which form an integral part in the

installation and operation of wind turbines.

The report concluded that the existing regulatory arrangements were

sufficient to deal with an expansion of energy production from offshore

wind, save for a 12-mile territorial limit of the Health and Safety At Work

etc Act 1974, which may need to be extended.

renewable energy focus May/June 2010 35

Offshore wind/O&M

Recent experience of the industry has demonstrated that the HSE’s view

was over-simplistic and failed to take into account the complexities of the

operations identified.

The relationship between land-based and sea-based operations is a

particular problem. The industry requires a wide variety of vessels,

which must themselves comply with legislation covering issues such as

maximum passenger numbers, manned jack-ups, mooring, towing and

hauling equipment, and working conditions. Such vessels and activities at

sea are regulated by the Marine and Coastguard Agency (MCA) which

enforces specific marine regulations.

The HSE has recently acknowledged that it needs to engage with other

regulators, the industry and professional bodies to develop its knowledge

and understanding of offshore wind generation. It has identified several

key aims: to secure a consistent regulatory approach that is sensible and

not competitively unfavourable to the UK; to develop an interim strategy

for regulation; to identify gaps in the science; to harmonise standards;

and to establish levels of offshore competence and offshore assets integ-

rity design and maintenance.

The Executive’s candour is to be welcomed and its collaborative approach

should help to create a regulatory regime that protects lives without

constraining ingenuity and enterprise.

But given the variety of the circumstances in which wind turbines are

constructed, operated and maintained the industry needs to clearly

identify a regulator with primary responsibility for safety, as well as

industry-specific regulations. It also needs standards and guidance, which

should be drafted specifically for people working in the industry who

have to manage hazards and risks on a daily basis.

The relative novelty of some of the industrial practices involved means

that regulators and those working in offshore wind have to learn lessons

as they go, build up a body of experience and then develop a regulatory

framework. Ideally, this framework would match the particular requirements

of the industry and those working within it to ensure workers’ safety.

New beginnings

Previously, the major obstacle to the HSE’s role in regulating the

offshore industry was the lack of jurisdiction beyond territorial seas

and extending over the Renewable Energy Zones (RE Zones) designated

by the Energy Act 2004. This has been remedied – at least partly – by

the Application Outside Great Britain Order (AOGBO) in 2009, which

extended the previous act to a range of activities and structures within

the RE Zones.

The 1974 Act will now apply specifically in relation to:

■ The construction, reconstruction, alteration, repair, maintenance,

cleaning, use, operation, demolition and dismantling of any energy

structure or related structure or any preparation for any such activity;

■ The transfer of people or groups between a vessel or aircraft and an

energy structure or related structure;

■ The loading, unloading, fuelling or provisioning of a vessel;

■ The operation of a cable for transmitting electricity from an energy

structure or related structure to Great Britain;

■ A diving project associated with any of the works mentioned above.

36 renewable energy focus May/June 2010

Off shore wind/O&M

It should also be noted that the 2009 laws extend the jurisdiction of

both the civil and criminal courts to activities within the RE Zones. This

means that accidents will be investigated by the HSE (and possibly

the police if there is a fatality) and the UK courts will have jurisdiction

in respect of any criminal proceedings and civil claims arising within

those areas.

RenewableUK (previously the British Wind Energy Association) has led

the way in developing health and safety guidance and safety rules for

the industry. Its publications include ‘Guidelines for Health and Safety in

the Marine Energy Industry’, ‘Wind Turbine Safety Rules’ and industry best

practice guidance on subjects such as jack-up barges. It also provides a

Lessons Learned scheme to share information where members can share

their experiences with each other.

The organisation’s excellent work can be illustrated by the subject of lifts

and wind turbines where it encouraged the businesses and the HSE to

adopt appropriate standards tailored to meet the specifi c circumstances

of the industry. Progress is slow, however, and on this topic alone

RenewableUK does not expect to have a CEN Harmonised Wind Turbine

Lift Standard within fi ve years.

Reducing the risk

For those currently undertaking or planning off shore wind energy devel-

opment it would be prudent to consider a number of issues.

The HSE is generally the responsible body regulating health and safety

and investigates an accident or any risk of accident, but where an incident

relates to ship safety the MCA could play an important role. In the event

of a fatal accident the police will also be involved.

When putting together project documentation, it is advisable to clearly

defi ne the responsibilities of all those involved in the anticipated work

activities. In particular, spell out the arrangements for health and safety

management and make sure that contractual terms accurately refl ect

what is intended to happen on site. Establish clear lines of communication

between all relevant parties and identify their responsibilities, and set

performance standards, objectives and targets and establish systems to

monitor them. Finally, put in place mechanisms to review objectives and

performance during the course of the project.

Make appropriate appointments conforming with the Construction (Design

and Management) Regulations 2007 (CDM) and ensure that a competence

assessment is carried out for every employee. Given the diffi culties associated

with this industry, assessing competence is a critical step and it is important

to ensure that every party has the right qualifi cations, experience, resources

and capacity to do the tasks expected of them.

Failure to establish competence, particularly in a critical safety role, could

result in accidents, with liability attaching to those employing the defec-

tive contractor. Doubt has been cast on whether the AOGBO has eff ectively

brought the CDM regulations into the RE Zones. Nevertheless, the regulations

do provide an excellent framework, which is understood by the construction

industry and should also be used by the off shore wind industry.

Operating in accordance with the CDM regulations will also help in organ-

ising the team, planning the work and providing all those involved with

relevant information regarding the work to be undertaken. However, it must

be acknowledged that the regulations were drafted for land-based construc-

tion work and need to be adapted for the maritime activities in this industry.

As in any workplace, the preparation and use of risk assessments is central

to health and safety management. It is necessary to put in place safe work

systems with appropriate permits and method statements.

Relevant guidance is thin on the ground at present but keeping up to date

with current standards and guidance is important. Ensure that staff are given

appropriate training and duly record it; failure to do so often features in

health and safety prosecutions but it is easily remedied. If the team has gaps

in their knowledge or expertise then outside help needs to be obtained.

It is unlikely that the current uncertainty in the regulatory framework for

health and safety will cause a major delay in the industry’s development.

Other commercial factors, such as grid access and availability of capital,

will have a more signifi cant bearing but safety is still a business risk which

needs to be understood and properly managed.

There is no accident record for off shore wind farms but in the oil and gas

sectors there were fi ve injuries involving sea and air transportation between

1998 and 1999, as well as 111 injuries involving trips and falls, 20 injuries

involving use of machinery and two diver-related injuries. Employees are

expected to work in a hostile environment, often involving heavy equip-

ment, and the combination of such hazards creates signifi cant risks.

Accidents lead to enormous distress to all concerned. They cause delay

to projects, incur a disproportionate amount of time to investigate, incur

signifi cant legal costs and result in higher insurance premiums and damaged

reputations. They can even prejudice tendering opportunities. It is therefore

important to have in place appropriate systems to eff ectively manage the

risks and prevent accidents. Companies need to ask themselves: should an

accident occur, are we able to demonstrate that we have done everything

reasonable to ensure the safety of those working on the job?

Click through

Want more information on O&M? Click directly on the link from the

digital version below:

■ O&M safety at the wind farm – http://tinyurl.com/y5rmbzb ■ Improving wind turbine gearbox reliability with O&M – http://tinyurl.com/y3fds5u

■ O&M for wind turbine blades – http://tinyurl.com/y4f68tw ■ High voltage at the wind farm – O&M safety – http://tinyurl.com/y25ufph

About the author:

Peter Atkinson is a solicitor and consultant in the regulatory team at law fi rm Walker Morris.

Companies need to ask themselves:

should an accident occur, are we able

to demonstrate that we have done

everything reasonable to ensure the

safety of those working on the job?