Safety Case

Definition of Duty Holder

Reference: Workplace Safety and Health (Facilities) (Control of Major Accident Hazards) Regulations, 2013

Duty Holder (Regulation 8)

  1. the person who manages and has direct control of a facility;

  2. where a facility is yet to be constructed or operated, the person who proposes to control its operation or, if that person is not known, the person who has commissioned the design and construction of the facility; or

  3. the person who executes the function of organising, designing and supervising the drilling or service of a well and all operations to be carried out by means of that well.

Duties of Duty Holder (Regulation 9)

The duty holder shall -

  • (a) take all reasonably practicable measures necessary to prevent major accidents and limit their consequences to the public, property and the environment;

  • (b) prepare an onsite emergency plan and liaise with the authority responsible;

  • (c) prepare an offsite emergency plan and liaise with the authority responsible;

  • (d) describe in the Safety Case the means by which the duty holder will ensure the adequacy of the design, construction, operation, maintenance or modification of the facility, for the relevant stage or stages in its life;

  • (e) submit a relevant Safety Case for the facility as required by these Regulations and not operate the facility unless the duty holder has a Safety Case Certificate from the competent authority;

  • (f) submit a relevant notification for the facility or well as required by these Regulations; and

  • (g) make the information specified in Schedule 7 available to the public.