Primary Employer (Corporation/ Company) cannot remain disconnected to any operation in the Field. Government may be the owner of the Field. The Corporation/ Company will be the Primary Employer and so the Responsibility cannot be shirked by it for every action in the Field whether the job is carried out directly or indirectly. Imagine a situation of an unforeseen incident of high magnitude resulted on the Rig movement or on commissioning whether the well is killed or not. It might have resulted because of some mistakes of contractor or services crew. But that is the internal affair of the Corporation/ Company. It is Corporation/ Company that will have to answer and face the Nation and World on losses and consequences. So the responsibility lies with the Primary Employer only. That is why Insurers and Third Party Auditors summon the Primary Employer (Representative) for moving on. If the Primary Employer is granted Immunity legally, it will reduce the focus and reduce the stress on avoiding such disasters, dilute Safety Management System, pave the way for "Free for All" and lead to Victimization. Avoiding any disaster should be the Prime job than carrying out operations as for as outside world is concerned. How can the Corporation/ Company can remain legally immune when the consequences of mistakes by its inner group are faced by the World outside to the Corporation/ Company?
Hence, it is the responsibility of Corporation/ Company (Representative) to take the Call.
Regards,
R Meenakshi sundaram