Part 5Diving safety

Part 5—Diving safety 156—Application This Part applies to a diving operation that is an offshore petroleum operation. 157—Definitions In this Part— accepted DSMS means a DSMS that has been accepted by the Safety Authority under regulation 162 or 163; ADAS means the Australian Diver Accreditation Scheme administered by the Board of the Australian Diver Accreditation Scheme on behalf of the Department within the meaning of the Commonwealth Act; AS/NZS, followed by a number, means the Australian and New Zealand Standard of that number, as existing from time to time; diving has the meaning given by regulation 158; diving contractor means a person who enters into a contract to conduct a diving project; diving operation means an offshore petroleum operation consisting of 1 or more dives; diving project means an activity consisting of 1 or more diving operations; DSMS means a diving safety management system; facility means a facility described in clause 3 of Schedule 7 of the Act; manned submersible craft means a craft that is designed to maintain its occupant, or some or all of its occupants, at or near atmospheric pressure while submerged (whether or not it is self‑propelled, and whether or not it is supplied with breathing mixture by umbilical), including a craft in the form of a suit; offshore petroleum operations has the meaning given in Part 6.9 of the Commonwealth Act; operator, for a diving project, means— (a) if the facility associated with the project is a pipeline—the person registered as the operator of the pipeline under Part 4; (b) if the facility associated with the project is not a pipeline—the person registered as the operator of the facility under Part 3; pipeline means a pipeline to which clause 4(8) of Schedule 7 of the Act applies; pipeline safety management plan has the meaning given in regulation 94(1); safety case means the document known as a safety case submitted to the Safety Authority under Division 4 of Part 3. 158—Meaning of diving (1) For the purposes of this Part— (a) a person is diving if they— (i) are in a chamber inside which the ambient pressure is equal to or higher than the hydrostatic pressure at a depth of 1 metre in seawater (whether or not the chamber is submerged in water or another liquid); or (ii) are submerged in water or another liquid and their lungs are subjected to a pressure greater than atmospheric pressure (whether or not they are wearing a wetsuit or other protective clothing); or (iii) are in a manned submersible craft that is submerged in water or another liquid; and (b) diving includes diving using a snorkel and diving without the use of any breathing apparatus. (2) For the purposes of this Part, diving does not include— (a) diving using a snorkel for the purpose of conducting an environmental survey; or (b) diving without the use of any breathing apparatus for that purpose. 159—When a diving operation begins and ends For the purposes of this Part, a diving operation— (a) begins when the diver, or first diver, who takes part in the operation starts to prepare to dive; and (b) ends when the diver, or last diver, who takes part in the operation leaves the water or the chamber or environment in which the dive took place and has completed any necessary decompression procedures; and (c) includes the time taken for therapeutic recompression if that is necessary. Division 2—Diving safety management systems 160—No diving without DSMS (1) Before beginning diving work that forms part of a diving project, a diving contractor must— (a) have a DSMS that is— (i) accepted; and (ii) current; and (b) give the DSMS to the operator of the diving project. (2) The operator of a diving project must not allow diving work, that forms part of the diving project, to begin if the diving contractor has not given to the operator a DSMS that is— (a) accepted; and (b) current. (3) A diving contractor must not allow diving to continue on a diving project if the DSMS is no longer— (a) accepted; and (b) current. (4) For the purposes of this regulation, an accepted DSMS is current if— (a) the DSMS has not been revised, or the acceptance of the DSMS has not been withdrawn, since its latest acceptance; (b) it is not more than 5 years since its latest acceptance. A person may consult the register mentioned in regulation 166 to find out if a DSMS is accepted and current. 161—Contents of DSMS (1) A DSMS must meet the minimum standards set out in the Guidelines for complying with the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 of the Commonwealth, as existing from time to time, published by the Safety Authority. (2) A DSMS must provide for— (a) all activities connected with a diving project; and (b) the preparation of a diving project plan, in accordance with Division 3, for a project (including consultation with members of the workforce in the preparation of the plan) and the revision of the plan as necessary; and (c) the continual and systematic identification of hazards related to a diving project; and (d) the continual and systematic assessment of— (i) the likelihood of the occurrence, during normal or emergency situations, of injury or damage associated with those hazards; and (ii) the likely nature of any injury or damage; and (e) the elimination of risks to persons involved with the project and associated work including— (i) risks arising during evacuation, escape and rescue in case of emergency; and (ii) risks to persons involved with the operation arising from equipment and hardware, or the reduction of those risks to as low as reasonably practicable; and (f) the inspection and maintenance of, and testing programs for, equipment and hardware integral to the control of those risks; and (g) communications between persons involved in a diving project; and (h) the performance standards that apply to the DSMS; and (i) a program of continuous improvement. (3) A DSMS must— (a) specify any standard or code of practice that is to be used in a diving project; and (b) require the diving to be carried out in accordance with those standards or codes. (4) A DSMS must contain— (a) any information that is reasonably necessary to demonstrate that the DSMS complies with these regulations; and (b) a system for the management of change. 162—Acceptance of new DSMS (1) If a diving contractor does not already have an accepted DSMS, the contractor must give a DSMS to the Safety Authority at least 60 days before a proposed diving project is expected to begin. (2) Within 60 days after receiving the DSMS, the Safety Authority must notify the diving contractor that it— (a) accepts the DSMS, subject to any conditions necessary in the interests of safety; or (b) rejects the DSMS. 163—Acceptance of revised DSMS (1) If a diving contractor has revised a DSMS, the contractor must give the revised DSMS to the Safety Authority. (2) The Safety Authority must notify the diving contractor that the revised DSMS has been accepted or rejected within— (a) 28 days after receiving the revised DSMS; or (b) another period agreed between the Safety Authority and the diving contractor. 164—Grounds for rejecting DSMS The Safety Authority must reject a DSMS if— (a) the DSMS does not adequately comply with regulation 161; or (b) the Safety Authority is not satisfied that there was consultation with divers and other members of the workforce in the preparation of the DSMS, as required by regulation 175. 165—Notice of reasons (1) If the Safety Authority decides to reject a DSMS the Safety Authority must set out, in writing, with the notice mentioned in regulation 162(2) or 163(2), the reasons for rejecting the DSMS. (2) If the Safety Authority decides to impose conditions on a DSMS, the Safety Authority must set out, in writing, with the notice mentioned in regulation 162(2) or 163(2), the reasons for imposing conditions on the DSMS. 166—Register of DSMSs (1) The Safety Authority must keep a register of each DSMS and revised DSMS it receives, in a form that allows public access. (2) The register must record as many of the following details as apply to the DSMS: (a) the name of the diving contractor; (b) the date of acceptance; (c) any conditions on acceptance; (d) the date of rejection; (e) the date that acceptance was withdrawn; (f) the date of any revision notice under regulation 168. (3) The Safety Authority must also record on the register, the following details for each diving project plan it receives under regulation 170: (a) the name of the diving contractor; (b) the diving project to which the diving project plan applies; (c) the proposed commencement date of the project; (d) the date of receipt of the plan. 167—Revision of DSMS A diving contractor must revise a DSMS— (a) if developments in scientific or technical knowledge, or in the assessment of hazards, relevant to diving projects make it appropriate to do so; and (b) if the diving contractor proposes to make a significant change to the method of operation or to procedures or equipment; and (c) if the Safety Authority gives notice in accordance with regulation 168; and (d) if a number of minor changes result in the DSMS being significantly different from the latest version of the DSMS accepted by the Safety Authority; and (e) at the end of each period of 5 years commencing on the later of— (i) the date when the DSMS is first accepted by the Safety Authority; and (ii) the date of the most recent acceptance by the Safety Authority of a revised version of the DSMS. 168—Notice to revise DSMS (1) The Safety Authority may give notice (a revision notice) to a diving contractor to revise a DSMS. (2) A revision notice must be in writing and must set out— (a) the matters to be revised; and (b) the time within which the revision must be completed; and (c) the reasons why the revision is necessary. (3) The diving contractor may make a submission in writing to the Safety Authority, within 21 days after receiving the notice or any longer period that the Safety Authority allows in writing, setting out the contractor's reasons for any of the following: (a) why the revision is not necessary; (b) why the revision should be in different terms from those proposed; (c) whether or not the contractor gives other reasons—why the notice should take effect on a later date than the date set out in the notice. (4) If a contractor makes a submission under subregulation (3), the Safety Authority must, within 28 days after receiving the submission— (a) decide whether the Safety Authority accepts the reasons in the submission; and (b) give the contractor notice in writing affirming, varying or withdrawing the revision notice; and (c) if the Safety Authority decides not to accept the reasons or any part of them—set out in this notice the grounds for not accepting them. (5) The contractor must revise the DSMS, in accordance with the notice as originally given or as varied under subregulation (4), and submit it to the Safety Authority. (6) If the contractor does not revise a DSMS when required by this regulation to do so, the Safety Authority may withdraw its acceptance of the DSMS or its agreement to the use of the DSMS for the project. Division 3—Diving project plans 169—Diving project plan to be approved (1) This regulation applies if there is an operator for a diving project. (2) The diving contractor must prepare a diving project plan for each diving project in consultation with the operator for the project. (3) The diving project plan must be approved by the operator for the project before diving can commence on the project. (4) The operator must not approve the diving project plan unless the operator is satisfied that— (a) the plan complies with regulation 173; and (b) there was effective consultation in the preparation of the plan, as required by regulation 175. 170—Diving project plan to Safety Authority if there is no operator (1) This regulation applies if there is no operator for a diving project. (2) The diving contractor must prepare a diving project plan for the diving project and give a copy of the plan to the Safety Authority. (3) The Safety Authority must not accept the diving project plan unless it is satisfied that— (a) the plan complies with regulation 173; and (b) there was effective consultation in the preparation of the plan, as required by regulation 175. 171—Diving project plan to Safety Authority if requested If the Safety Authority asks the operator for a diving project for a copy of the diving project plan, the operator must give a copy of the plan to the Safety Authority. 172—Updating diving project plan (1) A diving contractor for a diving project must keep the diving project plan for the project up to date during the project. (2) The diving contractor must update the diving project plan if— (a) because of modification of the project, there is a significant increase in the overall level of risk to a diving operation; or (b) the operator for the project proposes to undertake or permit a modification of the project that might influence significantly the level of specific risks to a diving operation or the ranking of risk contributors. (3) If there is no operator for a diving project and the diving project plan has been updated, the diving contractor must resubmit the updated plan to the Safety Authority for consideration. 173—Contents of diving project plan (1) A diving project plan must set out the following matters: (a) a description of the work to be done; (b) a list of the South Australian and Commonwealth legislation (including these regulations) that the diving contractor considers applies to the project; (c) a list of standards and codes of practice that will be applied in carrying out the project; (d) a hazard identification; (e) a risk assessment; (f) a safety management plan; (g) job hazard analyses for the diving operations; (h) an emergency response plan; (i) the provisions of the DSMS and the safety case or the pipeline safety management plan that are relevant to the diving project, in particular the arrangements in the DSMS and the safety case or the pipeline safety management plan for simultaneous operations and emergency response; (j) details of consultation with divers and other members of the workforce working on the project. (2) The diving project plan must describe each diving operation that is part of the diving project. (3) The diving project plan must not specify as a diving operation a task that is too complex, or too big, to be supervised safely by 1 supervisor. (4) The diving project plan must provide for adequate communications between persons undertaking the project and any relevant— (a) contractor; and (b) facility; and (c) vessel or aircraft; and (d) on‑shore installation. 174—No diving without approved diving project plan A diving contractor for a project must not allow a person to dive on the project if— (a) there is no diving project plan for the project; or (b) the diving project plan has not been approved by the operator or accepted by the Safety Authority if there is no operator. Division 4—Involvement of divers and members of the workforce 175—Involvement of divers and members of the workforce in DSMS and diving project plan (1) In developing or revising a DSMS or diving project plan, a diving contractor must ensure that there is effective consultation with, and participation of, divers and other members of the workforce who will, or may be, working on— (a) the project; or (b) in the case of a DSMS—projects for which the DSMS would be appropriate. (2) When submitting a DSMS to the Safety Authority for acceptance, the diving contractor must set out in writing, details of the consultation that has taken place, including— (a) submissions or comments made during the consultation; and (b) any changes that have been made to the DSMS as a result of the consultation. Division 5—Safety responsibilities 176—Safety responsibilities of diving contractors (1) A diving contractor must take all necessary steps to provide and maintain a working environment (including equipment and systems of work) that reduces risks to the safety and health of divers and other members of the workforce to as low as reasonably practicable. (2) A diving contractor must take all necessary steps to ensure that a diving operation for which the diving contractor is responsible is carried out in a way that complies with the accepted DSMS for the project. 177—Safety in the diving area (1) At each place of diving, before the diving operation begins, the diving contractor must make available a copy of— (a) the instrument by which the diving supervisor was appointed; and (b) the DSMS; and (c) the diving project plan that relates to the operation. (2) A person engaged in a diving operation must comply with— (a) an instruction given by a diving supervisor for the diving operation about a matter in the diving project plan; and (b) a direction under regulation 180(3) given to the person by a diving supervisor for the diving operation. 178—Diving depths (1) The operator for a surface‑oriented diving operation, involving the use of air or mixed gas as a breathing medium, must not allow the operation to be carried out at a depth of more than 50 metres. (2) The diving contractor for a surface‑oriented diving operation, involving the use of air or mixed gas as a breathing medium, must not allow the operation to be carried out at a depth of more than 50 metres. (3) The operator for a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of— (a) a closed diving bell and a suitable mixed gas breathing medium; or (b) a manned submersible craft. (4) The diving contractor for a diving operation that is carried out at a depth of more than 50 metres must ensure that the diving operation involves the use of— (a) a closed diving bell and a suitable mixed gas breathing medium; or (b) a manned submersible craft. Division 6—Diving supervisors 179—Appointment of diving supervisors (1) The diving contractor responsible for a diving operation must appoint, in writing, 1 or more diving supervisors to ensure that there is a diving supervisor to supervise all diving that is carried out as part of the operation. Regulation 173(3) limits the scope of a diving operation that can be supervised by 1 diving supervisor. (2) A diving contractor must not appoint, as a diving supervisor, a person who is not— (a) qualified as a supervisor under ADAS; and (b) competent to supervise the operation. (3) Strict liability applies to subregulation (2). 180—Duties of diving supervisors (1) The duties of a diving supervisor for a diving operation are— (a) to ensure that the diving operation is carried out— (i) as far as is reasonably practicable without risk to the health or safety of anybody taking part in it or of anyone else who may be affected by it; and (ii) in accordance with the law; and (iii) in accordance with the accepted DSMS for the operation; and (iv) in accordance with the relevant diving project plan; and (b) to countersign entries about the operation in divers' log books; and (c) if there is an operator for the diving project—to report to the operator, during the operation, any of the following: (i) the death of, or serious personal injury to, a person; (ii) the incapacitation of a person that prevents the person from performing work for a period of 3 or more days; (iii) an event that could reasonably have led to a consequence of the type mentioned in subparagraph (i) or (ii); (iv) a decompression illness; (v) a pulmonary barotrauma; (vi) a case of omitted decompression; (vii) an occurrence for which the standby diver is deployed for an emergency, except for the purposes of training, exercises or drills; (viii) a failure of life support equipment or man riding equipment. (2) In subregulation (1)(c)(viii), man riding equipment includes any of the following: (a) an air stage; (b) a wet bell; (c) a closed bell; (d) a guide wire system. Regulation 184 requires a diving supervisor to maintain a diving operations record. (3) A diving supervisor who fails to carry out a duty imposed on them by subregulation (1) is guilty of an offence. (4) A diving supervisor, when supervising a diving operation, may give such reasonable directions to any person taking part in the operation as are necessary to enable the diving supervisor to comply with subregulation (1)(a)(i). (5) A diving supervisor must not dive while they are on duty as diving supervisor. (6) A diving supervisor for a diving operation must tell each person who takes part in the operation any instruction, in the diving project plan for the operation, that applies to the person.