Today marks the first anniversary of a worker going missing on a North Sea oil rig, 100 miles off Aberdeen.
Jason Thomas vanished from the Valaris 121 on the night of Sunday January 22 last year, while the huge structure was being towed to Dundee.
The Health and Safety Executive (HSE) is leading an investigation into the incident.
It found a hole in the decking of the rig, which Mr Thomas is thought to have fallen through.
But 12 months on a report has yet to be submitted to the procurator fiscal.
This would precede any prosecution or fatal accident inquiry (FAI).
Jurisdictional question marks
Meanwhile, jurisdictional question marks over the investigation remain.
One legal expert, who did not wish to be named, said cases like this can take at least two years to investigate.
A year is “not an unusual amount of time” to have passed without the HSE report being finalised, they added.
The RMT union has warned the delay may mean any inquiry has “minimal impact” on Valaris and the wider industry.
Operators urged to check for holes
HSE issued two industry-wide notices last year warning operators to check their gratings for holes in their offshore assets.
In July, BP was fined £650,000 following the death of scaffolder Sean Anderson who fell through decking on the Unity asset – a stationary platform.
US-based Valaris, which operates Valaris 121, failed to respond to a request for comment on the anniversary of Mr Thomas’ disappearance.
HSE issues ‘safety alert’ amid fears missing worker fell through hole on oil rig deck
Police said last year the 50-year-old was from Wales.
At the request of his family, no further details – such as the name of his home village, town or city – have been released.
Mark Wilson, HSE and operations director at trade body Offshore Energies UK (OEUK), said: “The one-year anniversary of the Valaris 121 incident allows us to offer our sympathy to the families and friends that have been impacted by this incident.
“OEUK ensured the lessons learned from this incident were shared with its members, who subsequently took action required in industry safety alerts. The anniversary is a time to ensure these lessons are not forgotten and, as an industry, we remain constantly vigilant.”
Questions over regulatory oversight
It is still unclear who has jurisdiction over the incident.
The RMT union believes it may have exposed a legal loophole.
Neither the Maritime and Coastguard Agency nor the UK Marine Accident Investigation Branch are taking part in any probe.
Last year the then transport minister Richard Holden confirmed in Parliament the West African nation of Liberia, where the rig is registered, had launched its own investigation.
Union yet to be convinced of UK’s legal authority over Valaris 121
RMT national secretary Darren Proctor said: “It comes as no surprise that the HSE have not filed a report with the procurator fiscal. We suspect this may never happen. RMT has yet to be convinced UK authorities have jurisdiction to pursue any kind of legal action against Valaris, given the circumstances of this tragic event.
“When the worker was lost the rig was in effect a ship and subject to the regulations of the flag state of the vessel’s registration, in this case Liberia.
“Additionally, the vessel was in international waters in terms of UK maritime legislation.”
He added: “We suspect the only course of action open to the PF’s office could be an FAI.
“However, given the time it takes to bring an FAI to the courts, an inquiry would likely have minimal impact for Valaris or the wider industry. For RMT, only a significant change to the regulatory regime will bring about robust oversight and accountability to the offshore energy sector.”
HSE and police condolences
An HSE spokesperson said: “Nearly one year on from his disappearance, our thoughts remain with the family of Jason Thomas. The investigation into the circumstances around what happened continues.”
Police Scotland Detective Inspector Andrew Wilson said: “Our thoughts remain with Jason’s family.
“Our searches may have concluded for now, but this remains an open missing person investigation and we will act on any information we are provided with.
“Anyone with information should call Police Scotland on 101.”
Timeline
- Jan 22 2023: Worker goes missing on Valaris 121
- Jan 25: Police board rig in Dundee
- Jan 31: Worker named by police as Jason Thomas
- Feb 21: HSE takes over investigation, police confirm no suspicious circumstances
- March 22: HSE confirms hole in deck discovered on rig
- March 23: Safety alert issued to North Sea operators by HSE
- July 4: Valaris 121 leaves Dundee
Conversation