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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 21 September 2019 at 06:12)
Chapter 4 Part 4.8 Division 3
Division 3 Managing risks—general diving work
176   Management of risks to health and safety
(1)  A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, in accordance with Part 3.1.
Note.
 WHS Act—section 19 (see clause 9).
(2)  A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subclause (1).
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  The person must ensure that a risk assessment conducted under subclause (2) is recorded in writing.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
177   Appointment of competent person to supervise diving work
A person conducting a business or undertaking at a workplace must appoint 1 or more competent persons to:
(a)  supervise general diving work carried out in the business or undertaking, and
(b)  perform other functions under this Division.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Note.
 See clause 174 for the qualifications of the competent person.
178   Additional control—dive plan
(1)  A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive:
(a)  is prepared by a competent person appointed under clause 177, or
(b)  has been prepared by a competent person appointed under clause 177 on an earlier occasion for a similar dive.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A dive plan must state the following:
(a)  the method of carrying out the diving work to which it relates,
(b)  the tasks and duties of each person involved in the dive,
(c)  the diving equipment, breathing gases and procedures to be used in the dive,
(d)  as applicable, dive times, bottom times and decompression profiles,
(e)  hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards,
(f)  emergency procedures.
179   Dive plan must be complied with
(1)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A person conducting a business or undertaking must ensure that a competent person appointed by the person under clause 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
180   Additional control—dive safety log to be kept
A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker:
(a)  the name of the worker who carries out the dive,
(b)  the name of any other person with whom the dive is carried out,
(c)  the name of the competent person appointed under clause 177 to supervise the diving work,
(d)  the date and location of the dive,
(e)  the time each diver enters and leaves the water,
(f)  the maximum depth of the dive,
(g)  any incident, difficulty, discomfort or injury that occurs or is experienced during the dive,
(h)  if the dive was carried out using a dive computer—the dive time,
(i)  if the dive was carried out using dive tables—the repetitive dive group, if available, and either the bottom time or the dive time,
(j)  if the repetitive group and surface interval result in a repetitive factor—the surface interval and the repetitive factor,
(k)  if the dive is carried out using EANx:
(i)  the oxygen content of the EANx, and
(ii)  the maximum operating depth of the EANx,
(l)  if the dive is carried out using mixed gas:
(i)  the oxygen content and the nitrogen content (if any) of the gas, and
(ii)  the maximum operating depth of the mixed gas, and
(iii)  the minimum operating depth of the bottom mix.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
181   Use of dive safety log
(1)  This clause applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.
(2)  The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by:
(a)  the diver, and
(b)  a competent person appointed under clause 177 to supervise the diving work.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a competent person appointed under clause 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel:
(a)  before the diving work commences, and
(b)  before the vessel leaves the location after the diving work is completed.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(4)  The person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(5)  In this clause, an event is verified in the dive safety log:
(a)  by signing, or
(b)  if the log is electronic, by entering the verifier’s unique identifier.
182   Record keeping
(1)  This clause applies if a person conducting a business or undertaking prepares:
(a)  a risk assessment under clause 176, or
(b)  a dive plan under clause 178.
(2)  Subject to subclause (3), the person must keep:
(a)  a copy of the risk assessment until at least 28 days after the work to which it relates is completed, and
(b)  a copy of the dive plan until the work to which it relates is completed.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  If a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as applicable) for at least 2 years after the incident occurs.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(4)  The person must ensure that, for the period for which the assessment or dive plan must be kept under this clause, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(5)  The person must ensure that, for the period for which the assessment or dive plan must be kept under this clause, a copy is available for inspection under the Act.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.