DEFA Health and Safety legislative review program

The Department of Environment, Food and Agriculture (DEFA) is currently reviewing and updating its suite of Health and Safety legislation to align, where practicable, with UK Health and Safety Executive’s (HSE) offshore legislation (as internationally recognised safety standards). This will facilitate the safe operation of the proposed offshore projects in Isle of Man territorial waters. The aim of this review is to address the lack of a suitable offshore health and safety, framework to permit work activities to take place offshore. As a consequence, much of the legislation required for the offshore projects will also be applied to onshore work activities.

Each piece of new or updated legislation requires consultation with those affected by the changes, DEFA is also undertaking a public consultation. Post consultation, any necessary amendments will be incorporated before DEFA submits the proposed legislation to Tynwald for approval.

Recognising the potential impact on IOM businesses, DEFA aims to implement a phased approach to the enactment of the updated, or newly introduced legislation. This is designed to give businesses sufficient time to prepare for compliance. Therefore whilst the aim is to draft, conduct necessary consultations, update and then pass to Tynwald for consideration by mid-2026, the legislation will come into operation at different stages:

1. Legislation requiring enactment at the earliest opportunity. This legislation will come into operation the day after it has been approved by Tynwald and can be considered to be the core legislation that requires update first, and in order for other legislation to follow. It also ensures legislation can be applied to offshore work activities within the IOM territorial waters
    
2. New Legislation requiring application and others being updated to align with their UK equivalents following advice from the UK HSE. Much of this legislation will have a limited impact on businesses and is therefore being applied at this earlier stage. Enactment would be aimed at 1 October 2026
    
3. Legislation requiring update or introduction to fit into the projected timeline of any future offshore energy development. This list includes the Construction (Design and Management) Regulations 2003 (CDM 2003) which will be replaced to align with the UK version of CDM (CDM 2015). However, DEFA recognises the significant number of IOM businesses that will be affected by these changes and acknowledges that businesses will require time to assess and evaluate how best to ensure they can conform with the updated or new legislation. If Tynwald approves this legislation it will come into operation on 1 August 2028 with this date aligning with the aspiration to have a comprehensive offshore health, safety, and environmental framework
    
4. Those affected by these significant changes are encouraged to contribute to this consultation process noting how these might affect their undertaking. This may include individual costs to business operations, additional training requirements or whether they believe that the timescales are realistic

The legislation update program is set out below. Each separate consultation placed on the IOM Consultation Hub will be accompanied by an explanatory document to aid with understanding, to provide direction to UK guidance and to clearly explain how to use UK HSE Approved Codes of Practice (ACOPs) and guidance.

1. Legislation to come into operation immediately after Tynwald approval:
   1. Health and Safety at Work (Amendment) Order
   2. Health and Safety at Work etc. Act 1974 (Application to the Territorial Sea) Order
   3. Diving at Work Regulations
   4. Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations
2. Legislation requiring general update, aiming to be enacted by 1 October 2026:
   1. Control of Substances Hazardous to Health Regulations (COSHH)
   2. Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR)
   3. Work at Height Regulations
   4. Safety Representatives and Safety Committees Regulations
   5. Lifting Operations and Lifting Equipment Regulations
   6. Health and Safety (Safety Signs and Signals) Regulations
   7. Freight Containers (Safety Convention) Regulations
   8. Personal Protective Equipment at Work Regulations
   9. Control of Noise at Work Regulations
   10. Health and Safety (Fees) Regulations
   11. Pipelines Safety Regulations
3. Legislation to come into operation no earlier than 1 August 2028:
   1. Construction (Design and Management) Regulations
   2. Control of Vibration at Work Regulations
   3. Provision and Use of Work Equipment Regulations
   4. Dangerous Substances and Explosive Atmospheres Regulations
   5. Pressure Systems Safety Regulations
   6. Offshore Installations and Pipeline Works (First-Aid) Regulations
   7. Health and Safety (First-Aid) Regulations
   8. Control of Artificial Optical Radiation at Work Regulations
   9. Acetylene Safety Regulations
   10. Electricity at Work Regulations
   11. Confined Spaces Regulations
   12. Manual Handling Operations Regulations
   13. Control of Electromagnetic Fields at Work Regulations
   14. Health and Safety (Display Screen Equipment) Regulations
   15. Health and Safety Information for Employees Regulations
   16. Health and Safety (Consultation with Employees) Regulations 
   17. Health and Safety (Training for Employment) Regulations
   18. Health and Safety Inquiries (Procedure) Regulations
   19. Workplace (Health, Safety and Welfare) Regulations