Offshore Vaccination Mandates Draw Strong Criticism and Legal Threats

The subject of vaccines for offshore workers is a fierce one; there are very few industries where personnel work and live in such close proximity, meaning viruses can spread at a rapid rate. In the UK, the recommendation from both the Government and the sector’s governing body, OGUK, has been strong and clear – get the vaccine.

In December last year, OGUK’s HSE Director Trevor Stapleton described the vaccine as “a critical line of defence” and urged everyone working offshore and onshore to get their vaccinations, including the booster jab.

“All industries have had to work hard to protect their people, but the offshore sector is an especially complex and challenging environment,” he added. “We continue to closely monitor cases and our extensive safeguards and work closely with regulators and governments to protect our people and energy security.”

Despite the repeated calls to get vaccinated, offshore workers had been able to make their own choice over getting the jab without it impacting their ability to work.

But, in January, that changed for some after Canadian Natural Resources (CNR) became the first offshore contractor to introduce a mandatory vaccination policy for anybody working on its platforms. It means that any staff working on its offshore installations, including Ninian Central, Ninian South, and Tiffany in the North Sea, must be vaccinated.

Several contracting firms, including Aker, Bilfinger, EnerMech and Petrofac, have been told they are not allowed to send unvaccinated workers to CNR platforms.

CNR’s decision to effectively ban unvaccinated personnel from its rigs has led to fierce criticism from the UK’s second-largest trade union, Unite the Union, which called the measures “draconian”.

It pledged to look into legal action against any company that enforces a ‘jab or job policy’, and called on CNR to focus on education initiatives to help boost the vaccine take up among offshore workers. Unite the Union said similar programmes have resulted in more than 80% of workforces getting the jab.

John Boland, Unite industrial officer, said: “Unite has now taken the step to demand intervention and support by the Scottish Government over CNR’s draconian measures. Our position is that we support workers getting the Covid-19 vaccination, but we are strenuously opposed to any mandatory vaccination policy.

“We will not hesitate to challenge any employer, including CNR, that disciplines or dismisses our members for exercising their right not to be vaccinated, including the consideration of legal action.”

Similar discussions are happening in Norway, where Aker BP announced a vaccination requirement for its offshore workers starting from February 2022. While any unvaccinated workers will be offered alternative work onshore, the Norwegian offshore oil and gas union, Industri Energi, has criticised Aker BP.

“We agree that we must protect our employees and our suppliers in the best possible way. But it also requires that we are involved in how it should happen and how our employees and suppliers are taken care of in this process,” said Ingard Haugeberg, Industri Energi’s leader in ABC club.

“The company has not had discussions or involved us in any way regarding how this should happen.”

The Petroleum Safety Authority Norway (PSA) also had its say on the matter, declaring that there is “no medical basis for requiring [a] COVID-19 certificate on the Norwegian Continental Shelf”.

In a statement, the industry body said: “Supervisory responsibility for health and hygiene in petroleum activities on the NCS rests with the county governor of Rogaland.

“The PSA has accordingly asked this office to assess the content of the control measure concerned – in other words, whether a medical basis exists for requiring vaccination or a Covid-19 certificate.

“The conclusion from the county governor is that no scientific medical basis exists for refusing to allow unvaccinated personnel to travel offshore.”