Offshore Energies UK's (OEUK) Offshore Weight Limit: Legal And Practical Implications For Employers

Offshore Energies UK (OEUK) has announced a new maximum clothed weight limit of 124kg for offshore personnel working on oil and gas installations and related infrastructure in the UK Continental Shelf.

The introduction of this weight limit has been driven by safety considerations, including the limitations on the capacity of helicopter winching equipment – which may be required to remove personnel from installations in emergency situations.

The weight limit will come into force on 1 November 2026. It is important to note that the weight limits refer to the total weight of the worker including the necessary workwear expected to be worn offshore. After that date, offshore personnel weighing more than 124kg will not be issued with an OEUK medical certificate, meaning they will be unable to travel offshore. Those weighing from 115 to 120kg will be issued with a restricted medical certificate valid for up to 6 months (considerably less than the normal 2-year period of validity) and those weighing from 120.1 to 124kg will be issued with a restricted certificate valid for only up to 3 months. Offshore personnel will be weighed at the heliport and anyone with a clothed weight of more than 124kg will not be permitted to mobilise regardless of whether they have a valid medical certificate or not.

OEUK data suggests that between 4,000 and 5,000 offshore personnel will be affected by these new rules, but the figure is likely to be higher when taking account of those in onshore roles who require to travel offshore as part of their responsibilities.

Pre-implementation action

While the mandatory implementation date is November 2026, the OEUK's introduction and awareness phase will begin on 1 November 2025. During this phase, employers with offshore workers should consider taking the following actions now:

• Identify and engage with employees who are likely to be impacted – inform staff of the weight limit and what steps are being taken internally to prepare for it. Identify staff who will be, or are at risk of being, impacted by the weight limit and consider whether one-to-one discussions and involvement of occupational health professionals would be appropriate to ensure compliance with the weight limit by the implementation date. Employers should also identify any employees with medical certificates expiring after the implementation date to assess whether there is any risk of the certificates being invalidated by the weight limit.
• Consider what support (if any) you can offer – employers should consider what support they may wish to offer employees who will be, or are at risk of, being impacted by the weight limit. Any offers of support should be mindful of the sensitivity around discussions about weight loss but could consist of providing access to dietitians, subsidised gym memberships, health coaching, or fitness trackers. Offshore environments could also be reviewed to encourage a healthier lifestyle, with potential emphasis on gym facilities and meal options onboard.
• Review employment agreements and policies – employees should be aware that employment with an offshore element is conditional on holding a valid OEUK medical certificate: appropriate procedures should be implemented for cases where employees exceed the weight limit in the course of their employment. A review should be undertaken of policies which may be relevant, such as sickness absence and capability.

Legal and practical implications

Once the weight limit comes into effect, an employee who exceeds the 124kg clothed weight limit will not be issued with a OEUK medical certificate and will not be able to mobilise offshore. Such employees may be in a situation where they are unable to carry out the job they are contracted to do. In those situations, employers will need to consider the following:

• Whether to immediately commence a formal process that may ultimately lead to the dismissal of the employee in question or to allow further time to achieve the necessary weight loss.
• Whether there should be a distinction between the process followed for employees in offshore roles and those in onshore roles who have a duty to travel offshore from time to time.
• What pay arrangements should apply if an employee is given further time to achieve the necessary weight loss.
• If possible, whether to consider redeployment to onshore roles.

These changes, and the potential it creates for employees who are unable to meet the weight limit to be dismissed, carry various risks:

Unfair dismissal claims: for those eligible to bring unfair dismissal claims, with the understanding that under the new Employment Rights Bill this will become a day one right, it will be critical to the successful defence of such claims to be able to show that appropriate pre-implementation steps (such as those detailed above) were taken by the employer and that dismissal was a reasonable sanction in the particular circumstances.

Disability discrimination claims: While obesity itself is unlikely to amount to a disability for the purposes of the Equality Act 2010, case law is clear that obesity may make it more likely for someone to have impairments that meet the definition of disability. Furthermore, for some employees, obesity may be the consequence of underlying health conditions such as thyroid disorder or an eating disorder which meet the definition of disability in the law. If such employees are dismissed as a result of their inability to mobilise offshore, employers must be mindful of potential discrimination claims. In these cases, employers will need to demonstrate both a legitimate aim (which may well be fulfilled by the requirement to adhere to the OEUK guidance and medical certification regime) and that their actions were a proportionate means of achieving that aim. A consultation with the employee and involvement of occupational health will be key, as well as consideration of what practical support the employer can offer to assist the employee's compliance with the weight limit.

Risks in relation to those falling within the 115kg to 124kg bracket: The position to take in respect of employees who fall below the clothed weight limit but are within the 115kg+ bracket (such that they will only receive a restricted duration medical certificate) is perhaps even more challenging. Restricted duration medical certificates will have cost as well as administrative and workforce planning implications for employers. However, employees in this bracket are able to travel offshore to undertake their roles, and so contemplating any process that may lead to dismissal may carry additional risk.

The rollout of the weight limit coincides with the increased use of self-administered weight loss drugs such as Ozempic or Wegovy and a balance will need to be struck between ensuring operational safety offshore and supporting employees who take these medications. It may be appropriate for controlled substance policies and procedures to be updated to specifically address these medications, but ultimately restricting self-administration offshore may be justified on safety grounds – for example, due to the practicalities of sharps disposal rules.

Conclusion

There is a clear health and safety rationale behind the new weight limit. Other countries, such as the Netherlands and Norway, have introduced similar rules. However, the weight limit undoubtedly brings with it practical and legal challenges for employers. With the implementation date just 12 months away, employers must act now to ensure they are ready for the changes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.