172BDuties of diving supervisors

172B Duties of diving supervisors

(1) The duties of a diving supervisor for a diving operation are: (a) to ensure that the operation is carried out: (i) as far as reasonably practicable without risk to the health or safety of workers who are taking part in the operation or other persons who are or may be affected by it; and (ii) in accordance with the law; and (iii) in accordance with the accepted DSMS that covers the diving project that includes the operation; and (iv) in accordance with the conditions (if any) on acceptance of the DSMS; and (v) in accordance with the approved diving project plan for that project; and (b) to ensure that each diver returns from each dive included in the operation; and (c) to countersign entries about the operation in divers’ log books; and (d) to report, as soon as reasonably practicable, the occurrence of any of the following in connection with the operation to each person conducting a business or undertaking who is directly involved with the operation: (i) the death of, or serious personal injury to, a person; (ii) the incapacitation of a person for work for at least 3 days; (iii) an event that could reasonably have led to a consequence described in subparagraph (i) or (ii); (iv) a decompression illness; (v) a pulmonary barotrauma; (vi) a case of omitted decompression; (vii) an occurrence for which a standby diver is deployed for an emergency, except for the purposes of training, exercises or drills; (viii) a failure of life support equipment or personnel lifting equipment. (2) A diving supervisor must not fail to discharge a duty under subregulation (1).

Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Penalty: The tier G monetary penalty.

(3) When supervising a diving operation, a diving supervisor may give such reasonable directions to a worker taking part in the operation as are necessary to enable the diving supervisor to comply with subparagraph (1)(a)(i). (4) A diving supervisor must not dive while on duty as diving supervisor.

Note 1: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

Note 2: Section 10.3 of the Criminal Code provides a defence of sudden or extraordinary emergency.

Penalty: The tier G monetary penalty.

(5) A diving supervisor for a diving operation included in a diving project must tell each worker who takes part in the operation any instruction that is in the approved diving project plan for the diving project and applies to the worker.