COURT RULES AGAINST FOUR WEEKS PAID LEAVE FOR OFFSHORE WORKERS

RMT helpline 0800 3763706 :: november/december 2010 :: RMTnews 15 Dear editor, Yet again it appears that Shell middle management seem prepared to ride roughshod over corporate policy and compromise safety while upper management are either not actually aware or are choosing not to be aware. In 1995 diver Brad Westell was killed whilst diving from the CSO Orelia which, at the time, was working for Shell in the southern North Sea. There were no Shell representatives on board with any diving knowledge because, as investigations revealed, the job was only meant to be carried out by ROV. However, for commercial reasons, Stena changed the operation to that of one using divers. Shell failed to react and have a rep with diving expertise placed on board and the consequences were tragic. Shell reviewed its policy to comply with the industry standard as set out in OGP 431. In section 8.2 it clearly states that when diving operations take place onboard representatives will, among other things, “have extensive experience on DP vessels and attend a DP appreciation course, be an ex-dive supervisor/diver with extensive knowledge of working with divers, planning diving operations, working with appropriate diving tables….thoroughly familiar with IMCA guides” etc. Recently Shell has been using Subsea 7’s new build, Seven Atlantic, having two reps on board at any one time, one covering days the other at night. Yet one rep has not worked offshore for nearly 20 years and has absolutely no diving knowledge at all, is not familiar with ACOP and not recently experienced in DP ops; the list goes on. Because of this lack of knowledge, he gave instructions to work on a Subsea Control Module when it had already been decided that further safeguards were required. Had it not been for the quick intervention of others this could have resulted in another tragic accident. Other reps do not comply with section 8.2 but not as blatantly. As part of the diving team I look to the client rep as one of the main people in keeping my employer honest and safe. With the present setup I can’t see that happening and it will probably taking someone being hurt or worse before things improve. Yours truly, A member of the Seven Atlantic crew S cotland’s highest court, the Court of Session, has ruled against the union in the legal fight to secure four weeks-paid leave in accordance with the EU Working Time Regulations. The three judges decided that offshore workers have no right to any time off during a period they would otherwise be working. The judges perversely referred to the analogy of part- time workers, claiming that if a part-time worker had to use days they would otherwise not be working as their annual leave "that would have the effect of requiring that part- time worker to attend for work on each of the 52 weeks of that year". They stated this would infringe what is required by the Working Time Directive, but they failed to consider that in working 26-weeks offshore, on 12-hour shifts seven days per week, average 42 hours per week for 52 weeks. And that doesn't include travel time to and from offshore or time spent training while onshore. The offshore employers successfully lobbied the government for a "derogation" from the normal period of averaging out working hours, which is over a 17-week period onshore and secured a period of 52 weeks for the purpose of averaging out working hours offshore. RMT regional organiser Jake Molloy said that the ruling was devastating news to those brave members who have fought for this entitlement over the last seven years. “It should also trigger alarm bells in the heads of all those workers who continue to think this won’t affect them because - ‘we already get 2x3 or 2x2/2x4’. Oil and Gas UK welcomed the ruling, claiming that working patterns typically allow offshore workers to spend over 26 weeks a year away from work onshore. Jake Molloy said that if 26- weeks leave was considered enough there was every chance that was all workers will get in the future. “Anyone who currently enjoys 2x3, or any enhanced rota, or even paid leave through the OCA - beware! “If the oil company you are working under decides the ‘economic climate’ cannot support the enhanced rota, it will be gone. “We may yet be back in the courts, but in the meantime, every worker is exposed to the potential of a return to the straight 2x2 or even 3x3, while workers on these rotas are stuck with it,” he said. The full decision will be available on to www.oilc.org. COURT RULES AGAINST FOUR WEEKS PAID LEAVE FOR OFFSHORE WORKERS SHELL AND SAFETY