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Regular Session, 2011 ENROLLED
SENATE BILL NO. 160
BY SENATORS MICHOT, ALARIO, AMEDEE, APPEL, CHABERT, CHEEK,
DORSEY, ERDEY, GAUTREAUX, GUILLORY, HEITMEIER,
LAFLEUR, LONG, MARTINY, MORRISH, MOUNT, MURRAY,
NEVERS, QUINN, SHAW, SMITH, THOMPSON AND WILLARD-
LEWIS AND REPRESENTATIVES ANDERS, ARNOLD, BOBBY
BADON, BALDONE, BROSSETT, TIM BURNS, CARMODY,
CONNICK, CORTEZ, DOVE, GISCLAIR, GUINN, HARDY,
HARRISON, HAZEL, HENDERSON, HENSGENS, HOFFMANN,
HOWARD, LANDRY, LEBAS, LOPINTO, MCVEA, PUGH,
ROBIDEAUX, SEABAUGH, GARY SMITH, ST. GERMAIN AND
THIBAUT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact Part VIII of Chapter 6 of Title 40 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 40:1486.1 and 1486.2, relative to monitoring the3
transportation of offshore oil platform workers; to provide for purpose; to provide4
for state participation in and promotion of the safe transportation over water of oil5
and gas workers and others involved in the offshore oil and gas industry; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part VIII of Chapter 6 of Title 40 of the Louisiana Revised Statutes of9
1950, to be comprised of R.S. 40:1486.1 and 1486.2 is hereby amended and reenacted to10
read as follows:11
PART VIII. REGULATION MONITORING OF TRANSPORTATION12
OF OFFSHORE OIL PLATFORM WORKERS13
§1486.1. Purpose14
The legislature finds that the production of oil for the energy needs of the15
state and the nation is of vital concern, and the safety of those who work in the16
offshore industry and those who transport those workers is also of vital concern;17
therefore, the legislature imposes certain requirements upon the transportation of18
offshore workers directs the director of aviation of the aviation section of the19
Department of Transportation and Development to participate in education,20
communication, and promotion of aviation safety in the offshore oil and gas21
ACT No. 147 SB NO. 160 ENROLLED
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industry. The legislature's goal is to reduce to as low as reasonably practicable1
the instances of helicopter accidents in the oil and gas industry by promotion of2
the adoption of safe practices in such operations. The legislature recognizes3
that Congress has delegated the responsibility for regulation of such operators4
to the Federal Aviation Administration ("FAA"), which has promulgated5
regulations as published in the Code of Federal Regulations to all Part 133 and6
Part 135 operators, and which has further, by its issuance of Operations7
Specifications to such operators, required them to conduct such operations with8
the highest degree of safety in the public interest.9
§1486.2. Life preserver, life jacket, or life belt; personal locator beacon; required10
State participation in and promotion of transportation of oil and11
gas workers over water12
Notwithstanding any other provision of law to the contrary and prior to13
January 1, 2011, any aircraft utilized to transport offshore platform workers, to and14
from the platform, shall provide and carry, so placed as to be readily accessible, at15
least one life preserver, life jacket, or life belt and a personal locator beacon, for each16
person on board. The device shall be capable of transmitting a digital coded distress17
signal and a permanent homing signal. A. The director of aviation ("DA") of the18
aviation section of the Department of Transportation and Development19
("DOTD") shall request membership to the Helicopter Safety Advisory20
Conference ("HSAC"), attend regularly scheduled meetings of HSAC for the21
purpose of education, understanding, and dissemination of information22
developed for the purpose of the promotion of safety through cooperation, and23
encourage all operators who provide over water flight services to the oil and gas24
industry to adopt and incorporate the recommended practices of HSAC into25
their daily operations.26
B. The DA or his designated representative may attend and secure all27
writings in the form of recommended practices that result from HSAC28
conferences that relate to safe over water helicopter operations, and disseminate29
such writings in such a way that over water flight service providers in the state30 SB NO. 160 ENROLLED
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or adjacent to its shores are made aware of its content.1
C. Among considerations for helicopter safety in over water flight2
services in the oil and gas industry, the DA or his designated representative may3
identify, evaluate, and maintain current knowledge of available feasible4
technology for all of the following:5
(1) Personal locator beacons ("PLBs") capable of transmitting a digital6
coded distress signal and a permanent homing signal suitable for use in over7
water flight services utilized in the oil and gas industry.8
(2) Incorporation into the daily operations of all Part 91, Part 133 and9
Part 135 operators, a system for satellite tracking of helicopters conducting over10
water flights, including maintaining a command center to monitor the status of11
such flights.12
(3) Improvement of flight safety over water services by adoption of13
emerging advances in aviation. The DA or his designated representative shall14
also promote enhancements of required pre-flight briefings that maximize15
passenger awareness of passenger safety, and emergency procedures. Where16
appropriate, the DA shall provide information and recommendations to HSAC17
for consideration of recommended practices for industry use of such systems18
and devices.19
D. The DA or his designated representative shall maintain familiarity20
with all Part 91, Part 133 and Part 135 regulations promulgated by the FAA21
pertaining to over water helicopter operations, and may obtain and review all22
advisory circulars of the FAA that relate to such over water helicopter23
operations in the state or adjacent to its shores, issued under those parts of the24
Federal Aviation Regulations ("FAR"). Where appropriate, the DA or his25
designated representative shall promote the adherence to the regulations and26
adoption of the HSAC recommended practices.27
E. The DA shall facilitate, as he deems necessary, information to the28
director of operations of operators who provide over water flight services in the29
state or adjacent to its shores, through publication on the Internet through an30 SB NO. 160 ENROLLED
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identifiable link on the DOTD website, summaries or text of relevant new FAR1
and Advisory Circulars published by the FAA or Recommended Practices2
published by HSAC.3
F.(1) The DA shall publish a report to the legislature, directed to the4
chairs of the House and Senate committees on transportation, highways and5
public works, wherein the DA shall summarize and comment upon all of the6
following:7
(a) The previous year's developments in safe practices for operators who8
provide over water flight services in the state or adjacent to its shores, as such9
safe practices have evolved over the previous twelve months, through the10
federal and industry organizations referenced in this Part.11
(b) Efforts made by the DA to insure knowledge of all such practices by12
operators within the industry.13
(2) The report shall be delivered to the committees no later than the first14
of September, annually. A copy of the report shall also be sent to the director15
of operations of each helicopter operator known by the DA to be engaged in16
providing over water flight services in the offshore oil and gas industry.17
Section 2. This Act shall be known and cited as "Jacob's Law".18
Section 3. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: