Regulations relating to the Health, Safety and Welfare of Persons Employed, and Protection of Other Persons, Property, the Environment and Natural Resources, in, at or in the vicinity of Exploration and Production, 1999
Government Notice 190 of 1999
Regulations relating to the Health, Safety and Welfare of Persons Employed, and Protection of Other Persons, Property, the Environment and Natural Resources, in, at or in the vicinity of Exploration and Production, 1999

Petroleum (Exploration and Production) Act, 1991
Regulations relating to the Health, Safety and Welfare of Persons Employed, and Protection of Other Persons, Property, the Environment and Natural Resources, in, at or in the vicinity of Exploration and Production, 1999
Government Notice 190 of 1999
- Published in Government Gazette 2188 on 23 September 1999
- Commenced on 23 September 1999
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
Part I – PRELIMINARY PROVISIONS
1. Definitions
In these regulations, any word to which a meaning has been assigned in the Petroleum (Exploration and Production) Act, 1991 (Act No. 2 of 1991), shall have that meaning and, unless the context indicates otherwise-“circuit” means an electrical circuit forming an electrical system or branch of an electrical system;“competent person” means a person-(a)who is qualified by virtue of his or her knowledge of, and training, skills and experience in, any matter in respect of which he or she is required to be a competent person;(b)who is familiar with these regulations or any other law which applies to the work to be performed; and(c)who is trained to recognise any potential or actual danger to the health and safety in the performance of the work to be performed;“conductor” means an electrical conductor arranged to be electrically connected to an electrical system;“danger” means anything which may cause injury, illness, sickness or damage to persons, property, the environment or natural resources;“earthed” means connected to the general mass of the earth in such manner as will ensure at all times an immediate discharge of electrical energy without danger;“electrical apparatus” includes electric cables and any part of any machine, apparatus or appliance being a part designed for the generation, conversion, storage, transmission or utilisation of electricity;“electrical system” means an electrical system in which all the conductors and apparatus are electrically connected to a common source of electromotive force;“emergency preparedness plan” means a plan prepared by the operator under regulation 66(1);“emergency situation” means an accident or dangerous occurrence arising out of petroleum activities which results in-(a)the death or a serious injury, illness or sickness of any person; decompression sickness;(b)significant pollution of the land, sea, seashore or any aquifer, estuary, harbour, lake, reservoir, river, spring, stream, borehole or other area of water by the spilling of petroleum, drilling fluid, chemical additive, any gas or any waste product or effluent;(c)significant damage to property, the environment or natural resources;(d)without prejudice to the generality of paragraphs (a), (b) and (c)-(i)the ignition or explosion of gas;(ii)the accidental ignition or detonation of explosives;(iii)the outbreak of any fire;(iv)the presence of any noxious or flammable gas;(v)the inrush of water;(vi)the extensive caving or subsidence of ground;(vii)any unplanned ground movement or a premature collapse of any part of an installation; or(viii)the bursting of a system containing any substance under pressure; or(e)such other accident or dangerous occurrence as may from time to time be determined by the Commissioner by notice in writing to the operator;“environment” means the components of the earth, including-(a)land, water and air;(b)all organic and inorganic matter and living organisms as well as biological diversity;(c)the interacting natural systems that include components referred to in paragraphs (a) and (b); and(d)the human environment, insofar as it represents archaeological, aesthetic, cultural, historic, economic, palaeontological or social values;“flexible cable” means a cable having flexible insulated conductors and earthing conductors within a protective sheath, but does not include signalling cable, telephone cable or flexible electric cord used with electrical apparatus at a voltage not exceeding 250 volts AC on a single-phase electrical system;“guidelines” means any guidelines or directions issued under regulation 92;“hazard” means a source of or exposure to danger, and “hazardous” shall have a corresponding meaning;“hazardous substance” means any substance or mixture of substances which, in the course of customary or reasonable handling or use, including ingestion, might, by reason of its toxic, corrosive, irritant, strongly sensitising or flammable nature or because it generates pressure through decomposition, heat or other means, cause injury, illness or death to human beings, animals or plants or imperil an installation, aircraft, vehicle, ship, vessel, boat, train, aircraft or other transport facility;“installation”, in relation to an operator, means any movable or immovable structure, including a vessel, standing or stationed within Namibia on land or in, under or on any waters of the territorial sea, exclusive economic zone, or continental shelf, constructed for and used in connection with petroleum activities carried out by the operator, and includes, except in relation to these regulations in so far as they relate to safety zones, any pipeline;“insulated” means covered with insulating material of such thickness and properties as will prevent the flow of electrical energy between the object so covered and its surroundings or any external object in contact with it;“isolated” means disconnected from the normal source of energy;“Labour Act” means the Labour Act, 1992 (Act No. 6 of 1992);[The Labour Act 6 of 1992 has been replaced by the Labour Act 11 of 2007.]“licensee company” means the holder of a reconnaissance licence, an exploration licence or a production licence, including any person to whom any interest in any such licence has been granted, ceded or assigned as contemplated in section 9(1)(b) of the Petroleum Act;“live” means electrically energised;“living quarters” means any dining-room, sleeping quarters, kitchen, recreation room, sick-bay, laundry, linen-room and any store-room or office which forms an integral part of, and is used in connection with, any structure used to accommodate persons employed by operators or employed in respect of petroleum activities and includes any corridor giving access to any of these rooms;“locked out” means the isolation of machinery or electrical apparatus by means of a device which can be physically locked so as to prevent the unintentional movement or energising of the equipment;“machinery”, in relation to an operator, means-(a)any article or combination of articles assembled, arranged or connected and which is used or intended to be used in connection with petroleum activities carried out by the operator-(i)for converting any form of energy into performing work; or(ii)whether incidental to the conversion of any form of energy into performing work or not, for developing, receiving, storing, containing, transforming, transmitting, transferring or controlling any form of energy; or(b)any appliance or combination of appliances used or intended to be used in connection with petroleum activities carried out by the operator and which is declared by the Minister by notice in the Gazette to be machinery for the purposes of these regulations;“Merchant Shipping Act” means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);“offshore installation” means an installation fixed or supported on the sea-bed or a vessel used at sea in connection with the exploration and exploitation of hydrocarbons resources and on which persons are normally present;“onshore installation” means an installation situated on land;“operator” means a licensee company carrying out petroleum activities, and includes a licensee company of a group of companies carrying out such activities;“organisation of the operator” means all-(a)persons employed by the operator;(b)persons, whether as contractors or subcontractors, performing work for the operator; and(c)persons employed by the persons referred to in paragraph (b), engaged in petroleum activities under the licence concerned;“pipeline” means a tube system, usually made of steel pipe that is welded together and includes any pipeline between a fixed point onshore and an offshore installation, and a pipeline between an installation and another installation which is intended to be used to convey petroleum and which forms an integral part of the installation;“Petroleum Act” means the Petroleum (Exploration and Production) Act, 1991 (Act No. 2 of 1991);“petroleum activities” means any reconnaissance, exploration or production operations;“reasonably practicable”, in relation to a hazard or risk, means practicable having regard to-(a)the severity and scope of the hazard concerned;(b)the state of knowledge reasonably available concerning that hazard or risk and of any means of removing or mitigating that hazard or risk;(c)the availability and suitability of means to remove or mitigate that hazard or risk; and(d)the cost of removing or mitigating that hazard or risk in relation to the benefits deriving from it;“risk” means the probability that injury, illness, sickness or damage will occur;“safe” means free from any hazard, and “safely” and “safety” shall have corresponding meanings;“safety zone” means any safety zone established under regulation 81 and includes any extension of such safety zone effected under regulation 82(1);“serious injury” means-(a)the injury of any person-(i)which is likely to be fatal;(ii)in consequence of which such person loses a limb or part of a limb or suffers a permanent disability; or(iii)which incapacitates such person for a period not less than 14 days from performing the duties for which he or she was employed or is usually employed;(b)the unconsciousness or incapacitation of any person from heat-stroke, heat exhaustion, electric shock or inhalation of fumes or poisonous gas;“subsea operations” means petroleum activities carried out under the sea;“subsea pipeline” means a pipeline or associated apparatus or works used for the conveying of petroleum under the sea;“substance” means any solid, liquid, vapour, gas or aerosol, or combination thereof;“trailing cable” means any flexible cable used to supply power to any mobile machine and which is dragged across the ground;“voltage” means the difference of electrical potential between any two conductors, or between a conductor and earth;“warning signal” means-(a)by day, flag A as defined in the International Code of Signals; and(b)by night, the lights as defined in the International Regulations for Preventing Collision at Sea, 1993;[The definition of “warning signal” should end with a full stop as it is the last definition in the list. The definition should refer to the “Convention on the International Regulations for Preventing Collisions [plural] at Sea, 1972 [not 1993]”. Although the 1972 Convention has been amended in several years (1981, 1987, 1989, 1993, 2001, 2007 and 2013), the year 1972 in the title has not been altered.]2. Application of regulations
These regulations shall apply in or at any area in Namibia, including the territorial sea, the exclusive economic zone and the continental shelf of Namibia, in or at which petroleum activities are carried out.Part II – GENERAL DUTIES AND RESPONSIBILITIES OF OPERATORS
3. Main responsibility for health, safety and welfare of persons employed or performing work, and for protection of other persons, property, the environment and natural resources, in, at or in respect of any area where petroleum activities are carried out
4. Health factors
An operator shall-5. Safety precautions
An operator-6. Powers of Minister in relation to non-compliance with these regulations
If an operator contravenes or fails to comply with these regulations, the Minister shall-7. General safety
A person shall not negligently or wilfully do anything likely to endanger life or limb on, in or at an installation, or negligently or wilfully omit to do anything necessary for the safety of persons engaged in petroleum activities.Part III – INTERNAL CONTROL SYSTEM
8. Establishment of internal control system
An operator shall, with a view to complying with the obligations relating to petroleum activities, establish an internal control system to ensure that petroleum activities are carried out in a proper and safe manner.9. General requirement relating to persons at work in connection with petroleum activities
A person shall not perform work in connection with petroleum activities unless he or she has received the necessary instruction and training so as to be able to perform the work safely and competently, or he or she performs such work under the supervision and guidance of a person who has received such instruction and training.10. Duty to provide information
The operator shall ensure that-11. Duty to assist State in in-service training
The operator shall, at the request of the Minister and on such terms and conditions as he and the Minister may determine by mutual agreement, undertake to assist the State in the in-service training of any person employed by the State or by the organisation of the employer for purposes of the administration of these regulations and on the development of technology in the field of the petroleum industry.12. Duties of persons employed by operators or persons performing work within the organisation of operators
13. Personnel on installations
Part IV – REGISTRATION AND LOCATION OF INSTALLATIONS
14. General requirements in relation to and registration of offshore installations
15. Location of installations
Part V – MARKING, TESTING, INSPECTION AND CONTROL OF INSTALLATIONS
16. Marking of installations
The operator shall mark an installation in such manner as shall, with due regard to international standards, render it identifiable, whether in day-time or at night, by, and safe to, aircraft, ships, vessels or boats or other transport facilities.17. Testing, inspection and control of installations during operation
The operator shall-18. Arrangements relating to inspections of offshore installations
Part VI – GENERAL REQUIREMENTS RELATING TO INSTALLATIONS, EQUIPMENT AND FACILITIES
19. General requirements relating to design, construction, installation, location, maintenance and operation of installations and equipment
The operator shall ensure that an installation, any component connected to such installation and any equipment, apparatus, device, electrical installation and machine used in connection with petroleum activities carried out by the operator, including-20. General duties of designers, manufacturers, importers or suppliers of articles and substances for use in connection with petroleum activities
21. Telecommunication devices
The operator shall ensure that an installation is equipped with such telecommunication devices as may be necessary for the safety of persons on it.22. Cranes, lifts and other lifting devices
The operator shall, in addition to the duties imposed upon such operator in terms of these regulations, ensure that a crane, lift or other lifting device used in connection with petroleum activities carried out by the operator is-23. Instruments for registration of environmental data
The operator shall ensure that an installation is equipped with instruments for registration of such environmental data as may be necessary to exercise control over any petroleum activities.24. Living quarters
The operator shall ensure-25. Drinking water and sanitary facilities
The operator shall provide persons employed or persons performing work under the licence concerned with-26. Protective equipment, clothing and devices
27. Noise
28. Ventilation
The operator shall ensure that the living quarters of an installation and all other enclosed areas manned are provided with ventilation, heating and cooling systems capable of maintaining a moderate non-injurious atmosphere.29. Lighting
The operator shall ensure that an installation is provided with lighting throughout sufficient to ensure the safety of the persons on it and so arranged that the operational control areas and access and evacuation routes remain illuminated in both normal and emergency conditions.30. Transit areas
The operator shall ensure that all surfaces used for transit and all passageways and stairs on or at an installation are properly maintained, tested and examined and, as far as is reasonably practicable, are kept free from all materials or substances likely to cause a person to slip or fall.31. Openings and hazardous areas
The operator shall ensure that any opening or open hatchway or any area identified as hazardous where entry is prohibited-32. Ladders
The operator shall ensure that all ladders in use on or at an installation-33. Control of drift of offshore installations or vessels
The operator shall ensure that procedures are in place to control the drift of offshore installations or vessels used in connection with petroleum activities and to regain control, in areas where such drift may represent a danger to other installations, vessels or the environment.Part VII – MACHINERY
34. Use, operation, supervision and control of machinery
35. Scheme for examination and testing of machinery
The operator shall formulate a scheme for the systematic examination and, where required, testing of machinery so as to ensure the safe operation of the machine.36. Starting and stopping of machinery
37. Safety measures during repairs, maintenance, cleaning, testing or examination of machinery
38. Fencing and guards
39. General duties of operators
Any person authorised to use, operate, supervise or control any machinery shall-Part VIII – ELECTRICITY
40. Selection and installation of electrical apparatus
The operator shall take such steps as may be necessary to ensure-41. Electrical control gear
42. Diagram of electrical equipment
The operator shall cause a schematic diagram showing the up-to-date position of all permanent electrical equipment on or at an installation to be kept on the installation.43. Posting of notices
44. Switch and transformer premises
The operator shall ensure-45. Scheme for installation, re-installation and use of electrical apparatus
46. Earthing
The operator shall ensure-47. Earth leakage protection
The operator shall ensure-48. Protection from atmospheric electricity
The operator shall ensure that suitable equipment is provided to protect an electrical installation on or at an installation from abnormal voltage due to atmospheric electricity.49. Electric cable installation
The operator shall ensure-50. Flexible cable or trailing cable
The operator shall ensure-51. Signal and telephone cables
The operator shall ensure that signal and telephone cables on or at an installation are not allowed to come into electrical contact with each other or with any other electrical conductor.52. Operation of electrical apparatus
Part IX – FIRES AND EXPLOSIONS
53. General duties of operators
The operator shall-54. Classification of installations in terms of fire and explosion risk
The operator shall ensure that-55. Precautions against fires and explosions
56. Fire-fighting equipment
The operator shall ensure that suitable and adequate means for extinguishing fire are available on or at an installation.57. Procedure in case of fire
58. Fire-fighting plan
The operator shall ensure that the following is in place:Part X – TRANSPORT
59. General requirements relating to transport of persons, articles and substances
The operator shall ensure that the transport of persons, articles and substances for the purposes of petroleum activities in terms of the licence concerned is carried out in a proper and safe manner.60. Transport facilities
The operator shall ensure that-61. Transport, storage and use of hazardous substances
The operator shall ensure that the transport, storage and use of a hazardous substance for the purposes of petroleum activities in terms of the licence concerned is carried out-62. Marking of cargo and equipment
The operator shall ensure that cargo and equipment transported for the purposes of petroleum activities in terms of the licence concerned as well as anchoring and marking buoys is clearly marked on the outside.Part XI – SUBSEA OPERATIONS
63. General duties of operators
64. Subsea pipelines
The operator shall-65. Prohibition in certain areas
The Minister may, in consultation with the Minister of Fisheries and Marine Resources, by notice in the Gazette prohibit-Part XII – EMERGENCY PREPAREDNESS
66. Emergency preparedness plan
67. Qualifications to deal effectively with emergency situation
The operator shall ensure that persons employed by it or persons performing work for it have adequate qualifications, knowledge and training, including practical training, to deal effectively with an emergency situation.68. Registration, evaluation, follow-up and reporting of emergency situation
69. Disturbance of places of accidents or dangerous occurrences
70. Inquiries into accidents or dangerous occurrences by operators
Where an emergency situation or accident has occurred, the operator concerned shall immediately submit a copy of the report of the inquiry, together with the sketch and photographs, referred to in regulation 69(2), to the Chief Inspector.71. Inquiries into accidents or occurrences by Chief Inspector
The Chief inspector may, in addition to an inquiry in terms section 4(1)(i) of the Petroleum Act-72. Records of incidents
The operator shall cause a register to be kept and maintained of any near miss, injury, accident and emergency situation arising out of the petroleum activities under the licence concerned;73. Standby aircraft, ships, vessels and other transport facilities
The operator shall, in order to provide for an emergency situation, and in accordance with the emergency preparedness plan, ensure that-74. Pollution by the spilling of petroleum
The operator shall in the event of any pollution by the spilling of petroleum arising from the petroleum activities carried out under the licence concerned, hereinafter referred to as the petroleum spill, ensure compliance with their oil spill contingency plan and ensure that the pollution of the environment and the coastline are prevented or limited, if not possible to prevent such pollution.75. First-aid and medical assistance in emergency situation
The operator shall, in the event of an emergency situation arising out of the petroleum activities carried out under the licence concerned, ensure that-76. First-aid stations
77. Training of first aid workers and issuance of Certificates of Fitness in respect of medical personnel
78. Communication
79. Alarm system
80. Access and evacuation facilities
Part XIII – SAFETY ZONES
81. Establishment of safety zones in relation to offshore installations
82. Extension of safety zones by Minister
83. Prohibition in safety zones
84. Monitoring and notification
The operator shall, where practical-85. Violation of safety zone
The operator shall immediately report any violation of the safety zone in force in relation to the offshore installation concerned to the Commissioner and to any such authority as may be specified by the Commissioner with due regard to the nature of the violation.Part XIV – GENERAL PROVISIONS
86. Implementation of operators’ schemes or plans
87. Maintenance of registers and records
All records and registers required to be kept under these regulations unless otherwise provided for, shall-88. Exemptions
The Minister may, for such period and on such conditions as he or she may determine, exempt any operator or any category of persons by notice in the Gazette or, in the case of a particular operator or other person, by notice in writing to such operator or other person, from any one or more of the provisions of these regulations.89. Offences and penalties
90. General right of appeal
91. Application of any other law to petroleum activities
The Minister may, in order to ensure-92. Guidelines and directions to ensure proper administration of these regulations
History of this document
15 November 2017 this version
Consolidation
23 September 1999
Commenced
Cited documents 2
Act 2
1. | Merchant Shipping Act, 1951 | 58 citations |
2. | Petroleum (Exploration and Production) Act, 1991 | 27 citations |