U.S Code last checked for updates: Nov 22, 2024
§ 1348.
Enforcement of safety and environmental regulations
(a)
Utilization of Federal departments and agencies
(b)
Duties of holders of lease or permit
It shall be the duty of any holder of a lease or permit under this subchapter to—
(1)
maintain all places of employment within the lease area or within the area covered by such permit in compliance with occupational safety and health standards and, in addition, free from recognized hazards to employees of the lease holder or permit holder or of any contractor or subcontractor operating within such lease area or within the area covered by such permit on the outer Continental Shelf;
(2)
maintain all operations within such lease area or within the area covered by such permit in compliance with regulations intended to protect persons, property, and the environment on the outer Continental Shelf; and
(3)
allow prompt access, at the site of any operation subject to safety regulations, to any inspector, and to provide such documents and records which are pertinent to occupational or public health, safety, or environmental protection, as may be requested.
(c)
Onsite inspection of facilities
The Secretary and the Secretary of the Department in which the Coast Guard is operating shall individually, or jointly if they so agree, promulgate regulations to provide for—
(1)
scheduled onsite inspection, at least once a year, of each facility on the outer Continental Shelf which is subject to any environmental or safety regulation promulgated pursuant to this subchapter, which inspection shall include all safety equipment designed to prevent or ameliorate blowouts, fires, spill­ages, or other major accidents; and
(2)
periodic onsite inspection without advance notice to the operator of such facility to assure compliance with such environmental or safety regulations.
(d)
Investigation and report on major fires, oil spills, death, or serious injury
(1)
The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on each major fire and each major oil spillage occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of lesser oil spillages. For purposes of this subsection, a major oil spillage is any spillage in one instance of more than two hundred barrels of oil during a period of thirty days. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation.
(2)
The Secretary or the Secretary of the Department in which the Coast Guard is operating shall make an investigation and public report on any death or serious injury occurring as a result of operations conducted pursuant to this subchapter, and may, in his discretion, make an investigation and report of any injury. For purposes of this subsection, a serious injury is one resulting in substantial impairment of any bodily unit or function. All holders of leases or permits issued or maintained under this subchapter shall cooperate with the appropriate Secretary in the course of any such investigation.
(e)
Review of allegations of violations
(f)
Summoning of witnesses and production of evidence
(Aug. 7, 1953, ch. 345, § 22, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 655; amended Pub. L. 105–362, title IX, § 901(l)(2), Nov. 10, 1998, 112 Stat. 3290.)
cite as: 43 USC 1348