LRD guides and handbook July 2019

Health and safety law 2019

Chapter 9

Offshore oil workers

[ch 9: page 181]

In 2006, the Working Time (Amendment) (No2) Regulations brought offshore working explicitly under the regulations, entitling offshore workers to paid holiday.

In Russell v Transocean International Resources Limited [2011] UKSC 57, the Supreme Court ruled that where offshore workers worked a two-week shift offshore, followed by a two-week onshore field break, the employer was entitled to require them to take their statutory holiday during the onshore field break. In response, rail and maritime union RMT accused the Supreme Court of “missing the point completely [by using] a mathematical equation to decide the case” and failing to honour the purpose of the WTD, which is about addressing excessive annual working hours, linked to safety concerns including fatigue and stress. The RMT says the Supreme Court should have remembered that offshore workers work a minimum 2,184-hour year — over 500 more than the average worker, and that for six months a year they are away from home.