The PSA has conducted audits of the Odfjell, Maersk and Transocean companies to determine how they have established, verified and maintained the barrier function for evacuation on all their units which hold an AoC and are equipped with lifeboats (freefall and davit-launched).
Read more and download the audit reports (in Norwegian only) here: Audit of arrangements for evacuation to the sea (5 November 2018).
All the audits identified a nonconformity from the regulations. This was the same for Odfjell, Maersk and Transocean, and related to deficiencies in establishing, verifying, documenting and following up performance requirements which form the basis for the barrier function for evacuation to the sea. The legal basis is section 5, paragraphs 4, 5 and 6 of the management regulations on barriers.
Response from Odfjell
Following the audit, Odfjell was asked to explain how the nonconformity would be dealt with. The PSA has now received a response from the company, but this does not describe how the breach of the regulations is to be corrected.
On that basis, Odfjell has been given notice of the following order.
Pursuant to section 69 of the framework regulations on administrative decisions, see section 5, paragraphs 4, 5 and 6 of the management regulations on barriers, you are ordered to
- establish performance requirements for the specific technical, operational or organisational barrier elements required to ensure that the individual barrier is effective
- know which barriers and barrier elements are non-functioning or weakened
- initiate necessary measures for correcting or compensating for deficient or weakened barriers.
See chapter 5.1.1. of the report.
The deadline for compliance with the order is 31 March 2019. The PSA must be informed when the order has been carried out.
Explanation of the terms “order” and “notice of order”'
An order is an administrative decision made pursuant to the regulations. Before the PSA issues an order, it generally sends a "notice of order" to the affected companies.
A notice of order is neither an instrument nor a notice of sanctions, but a step in the PSA’s administrative process in which it requests the party to assess the factual basis. The notice is only a first step before an administrative decision is made.
An order is a strongly preventive instrument which is legally binding on the recipient.
Øyvind Midttun, press contact
Email: firstname.lastname@example.org | +47 51 87 34 77