The Health & Safety Executive have recently updated their guidance on diving projects at work. The guidance, in the form of an 8-page leaflet, explains in relatively simple terms the main legal responsibilities of those involved in diving projects, including clients for whom the diving work is being performed, those persons directly involved in the dive, and others such as vessel operators whose actions could affect the safety of the dive team.
Whilst the Health & Safety at Work Act 1974 sets out the general duties that employers have toward employees and others affected by their “undertaking”, the main set of regulations that apply to diving are the Diving at Work Regulations 1997 (the Regulations). The Regulations cover all diving projects where one or more divers are at work, whether those divers are employed or self-employed. The Regulations are ‘goal-setting’ in nature, in that they do not stipulate in any detail precisely how the dive work should be carried out, rather, the employer has to manage and plan the work in such as way as to protect the health and safety of those involved.
To aid interpretation of the Regulations, the HSE have produced five Approved Codes of Practice (ACOP) – one for each sector of the commercial diving industry. For example, the Commercial Offshore ACOP applies to all saturation diving and oil and gas work. If it can be demonstrated that the ACOP has been complied with, this will usually indicate compliance with the law.
The main changes of note in the guidance leaflet relate to the HSE diving inspection teams. The teams are responsible for inspecting premises and projects, investigating incidents, and dealing with complaints. If inspectors are not satisfied that sufficient standards of protection are in place, they can give advice, issue warnings, or initiate a prosecution. The teams have been demarcated into ‘Southern Area’ (based in Plymouth), ‘Central Area’ (based in Norwich) and ‘Scotland’ (based in Aberdeen).
The leaflet outlines the key responsibilities of each of those who may be involved in a diving project, namely:
- The client or vessel operator – the client who commissions the work must ensure, for example, that they appoint a competent diving contractor, that the site is safe to use and that hazards such as water contamination are identified
- The contractor – the person who plans and conducts the diving project must ensure, for example, that the risks are assessed and that a dive plan is prepared, that the dive team is aware of the plan, that records of diving projects are kept, that there are adequate arrangements in place for first aid and medical treatment, and that suitable plant and equipment is provided
- The supervisor – the person onsite and in direct control of the dive must ensure, for example, that divers are competent to dive and can carry out the work underwater, that there is adequate communication with divers in the water, that the diving equipment provided is appropriate and adequate, and that the risk assessment is still current in line with the conditions on the day
- The divers themselves – the divers have a number of responsibilities under the Regulations. Aside from the requirements for divers to be competent to work safety and to hold an approved qualification, divers must also ensure they comply with all of the directions of the supervisor and the dive plan, and that they maintain a daily record of their dives (which they should keep for at least two years)
Diving Offshore
The leaflet also sets out the qualifications as approved by the HSE to demonstrate diver competence. Offshore divers, for example, must have as a minimum the “Surface Supplied (top up)” qualification or equivalent. Requirements for diver medicals are stipulated. It should also be noted that as part of HSE diver training and assessment, divers will be taught diving physiology and diving medicine, and they must gain a first aid at work qualification – indeed, it is an ACOP requirement that all divers in offshore operations hold a current HSE-approved first-aid at work certificate. Divers in other industries will not generally be required to renew their first-aid training, however the diving contractor will be responsible for ensuring that there are enough divers in the dive team with current first-aid certificates. In all offshore diving operations there must be a qualified diver medic in the team.
To view the Diving at Work Leaflet and other guidance please click here:
