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. For further reading and a summary of some offshore-specific requirements please click here.
To view the Diving at Work Leaflet and other HSE guidance please click here.
