Workplace Health and Safety Amendment Regulation (No. 1) 2005 (Qld)

Queensland Workplace Health and Safety Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 70 made under the WorkplaceHealthandSafetyAct1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new ss 3BA and 3BB. . . . . . . . . . . . . . . . . . . . . . . . . 4 3BA References to the doing of work by person who conducts a business or undertaking. . . . . . . . . . . . . . 4 3BB References to person who conducts a business or undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Replacement of pt 12, hdg and divs 1–3 . . . . . . . . . . . . . . . . . . . 4 Part 12 Underwater diving work Division 1 Definitions for part 12 76 Meaning of underwater diving work . . . . . . . . . . . . . . 5 77 Meaning of construction diving work . . . . . . . . . . . . . 5 Division 2 All underwater diving work—medical fitness to dive 78 Requirements about certificate of medical fitness to dive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 79 Contents of certificate of medical fitness to dive . . . . 8 Division 3 Underwater diving work other than conducting recreational diving or recreational technical diving

2 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 Subdivision 1 Preliminary 80 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Meaning of competent person for construction diving work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Meaning of competent person for other underwater diving work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Competent person for s 82—holder of ADAS diving certificate for the diving . . . . . . . . . . . . . . . . . . . . . . . 84 Competent person for s 82—holder of certification under Australian Qualifications Framework . . . . . . . . 85 Competent person for s 82—holder of certificate for AS 4005.2 subject areas . . . . . . . . . . . . . . . . . . . . . . 86 Competent person for s 82—person doing underwater diving work on no more than 28 days in the last 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86AA Competent person for s 82—someone who has spent at least 15 hours doing the same type of work as the underwater diving work . . . . . . . . . . . . . . . . . . Subdivision 2 Proof of competency for underwater diving work other than construction diving work 86AB Proof of competency . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Risk assessment and control measure process at particular stages 86AC Process to be carried out before work starts . . . . . . . 86AD Process to be carried out each time there is a significant change. . . . . . . . . . . . . . . . . . . . . . . . . . . . 86AE Work not to start or restart unless diver has read, understood and signed record of process . . . . . . . . . 86AF Record to be kept for each time process is carried out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86AG Control measure to be in place and monitored and reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4 Dive safety log 86AH Dive safety log—log must be kept . . . . . . . . . . . . . . . 86AI Dive safety log—required information about dives . . . 86AJ Dive safety log—diver must sign log. . . . . . . . . . . . . . 86AK Dive safety log—further signing of log . . . . . . . . . . . . 86AL Dive safety log—log to be kept for at least 1 year . . . Subdivision 5 Provisions relating only to construction diving work 86AM ADAS diving certificate for the diving is required . . . . 9 10 10 10 11 11 12 13 14 15 16 17 17 18 19 19 20 21 21 22

3 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 86AN Dive supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 86AO Stand-by diver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 86AP Recompression chamber and qualified operator . . . . 25 86AQ Recompression chamber not to be operated without appropriate qualifications . . . . . . . . . . . . . . . . . . . . . . 26 86AR When using open circuit scuba is prohibited . . . . . . . 27 86AS Work below 50 m using SSBA supplying compressed air prohibited . . . . . . . . . . . . . . . . . . . . . 28 6 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 28

s1 4 s5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 1) 2005 . 2 Commencement This regulation commences on 1 May 2005. 3 Regulation amended This regulation amends the WorkplaceHealthandSafetyRegulation 1997. 4 ‘3BA Insertion of new ss 3BA and 3BB After section 3B— insert— References to the doing of work by person who conducts a business or undertaking ‘A reference in this regulation to the doing or performing of work by a person who conducts a business or undertaking is taken to include the doing or performance of the work by a work activity performer for the business or undertaking. ‘3BB References to person who conducts a business or undertaking ‘A reference in this regulation to a person who conducts a business or undertaking applies to a person— (a) whether or not the person conducts a business or undertaking as an employer or self-employed person; and (b) whether or not the business or undertaking is conducted for gain or reward.’. 5 Replacement of pt 12, hdg and divs 1–3 Part 12, heading and divisions 1 to 3—

s5 5 s5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 omit, insert— ‘Part 12 Underwater diving work ‘Division 1 Definitions for part 12 ‘76 Meaning of underwater diving work ‘ Underwater diving work means work conducted underwater while breathing compressed gas. ‘77 Meaning of construction diving work ‘(1) Construction diving work means underwater diving work to assemble, construct, demolish, dismantle, install, clean, inspect, maintain, remove, repair, salvage, sample, search for, photograph, film, video or make a sound recording of a thing, or part of a thing, mentioned in subsection (2). ‘(2) For subsection (1), the things are as follows— (a) a building; (b) a bridge; (c) a pile or a structure supported by piles; (d) a jetty, pontoon, wharf, mooring or slipway; (e) a navigational aid; (f) a pipe, cable or tunnel; (g) scaffolding, whether or not for use with a building; (h) a drilling rig; (i) an oil or gas well platform; (j) a weir or the structure or machinery of a dam or other artificial water storage, other than a swimming pool or aquarium; (k) a craft or vehicle for use in, on or above water or land.

s5 6 s5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 ‘(3) Construction diving work includes underwater diving work associated with dredging, reclamation of land or other earthworks. ‘(4) However, construction diving work does not include underwater diving work— (a) for inspecting, sampling, photographing, filming, videoing or making a sound recording— (i) for the entertainment or publishing industry; or (ii) for tourism; or (iii) for the print or electronic media; or (iv) for art; or (v) for genuine scientific research; or (vi) for scientific management of natural resources; or Example of subparagraph (vi) — scientific management of the Great Barrier Reef or fish stocks (b) for inspecting, sampling, photographing, filming, videoing or making a sound recording of— (i) a protected object under the Queensland HeritageAct 1992 ; or (ii) an object to decide its cultural heritage significance under that Act; or (iii) an historic relic or historic shipwreck under the Historic Shipwrecks Act 1976 (Cwlth); or (c) for photographing, filming, videoing or making a sound recording while and for the purpose of conducting recreational diving or recreational technical diving, or training to go recreational diving or recreational technical diving; or (d) for photographing, filming, videoing or making a sound recording of persons doing recreational diving or recreational technical diving if the photographing, filming, videoing or sound recording is to be used for a souvenir; or

s5 7 s5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (e) done in a marina or the ocean for cleaning, inspecting, maintaining or searching for a vessel or mooring solely or mainly used in the tourism industry. Examples of vessels used in the tourism industry — • glass bottom boats used for tours of a reef • boats used to transport tourists to a reef or island • yachts hired to sail around islands • fishing charter boats ‘(5) It is immaterial whether or not a thing mentioned in subsection (2) is floating or wrecked. ‘Division 2 All underwater diving work—medical fitness to dive ‘78 Requirements about certificate of medical fitness to dive ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do underwater diving work as a work activity performer 1 for the business or undertaking unless subsection (2) is complied with; or (b) allow a work activity performer for the business or undertaking to do underwater diving work unless subsection (2) is complied with. ‘(2) For subsection (1)— (a) the employer, self-employed person or other person must hold an original or copy of a certificate of medical fitness to dive 2 for the work activity performer for the business or undertaking that appears to be current; and 1 See schedule 9, definition work activity performer and section 3BB (References to person who conducts a business or undertaking). 2 See schedule 9, definition certificate of medical fitness to dive.

s5 8 s5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (b) the work the work activity performer is to do must not be contrary to any limitations on diving stated in the certificate. ‘(3) The employer, self-employed person or other person must keep the certificate or copy for at least 1 year after the certificate stops being current. ‘(4) Subsections (1) and (3) are workplace health and safety obligations for the Act. Note — See section 24 3 of the Act for the penalty for failing to discharge the obligations. ‘(5) In this section— current for a certificate of medical fitness to dive means— (a) the certificate is not replaced or revoked and has not expired; and (b) is not more than 1 year old. ‘79 Contents of certificate of medical fitness to dive ‘(1) A certificate of medical fitness to dive must show its date of issue and the certificate holder’s name. ‘(2) If the certificate holder is at least 18, the certificate must also show that— (a) the holder is medically fit to dive in accordance with the relevant fitness criteria; or (b) subject to a limitation on diving stated in the certificate, the holder is medically fit to dive in accordance with the relevant fitness criteria. ‘(3) If the certificate holder is under 18, and no limitations on diving are imposed on medical grounds, the certificate must also show that— (a) apart from being under 18, the holder is medically fit to dive in accordance with the relevant fitness criteria; and 3 Section 24 (Discharge of obligations) of the Act

s5 9 s5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (b) no limitations on diving are needed even though the holder is under 18. ‘(4) If the certificate holder is under 18, and limitations on diving are imposed on medical grounds, the certificate must also show— (a) that subject to the limitations on diving stated in the certificate, the holder is medically fit to dive in accordance with the relevant fitness criteria; and (b) any limitations imposed because the holder is under 18. ‘(5) In this section— relevant fitness criteria means the fitness criteria stated in AS/NZS 2299, part 1, appendix K, paragraph K4 4 as published on 5 March 1999. ‘Division 3 Underwater diving work other than conducting recreational diving or recreational technical diving Note — See also division 2 (All underwater diving work—medical fitness to dive). ‘Subdivision 1 Preliminary ‘80 Application of div 3 ‘This division does not apply to underwater diving work consisting of conducting recreational diving or recreational technical diving. 4 AS/NZS 2299 (Occupational diving operations), part 1 (Standard operational practice), appendix K (Guidance for medical practitioners), paragraph K4 (Fitness criteria)

s 5 10 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 ‘81 Meaning of competent person for construction diving work ‘A person is a competent person for construction diving work if the person holds an ADAS diving certificate under which the diving involved in the work may be done. ‘82 Meaning of competent person for other underwater diving work ‘(1) A person described in any of the following sections is a competent person for underwater diving work other than construction diving work— (a) section 83; (b) section 84(1) or (2); (c) section 85; (d) section 86; (e) section 86AA. ‘(2) However, section 86 does not apply in relation to the use of the words ‘competent person’ in section 86AC(2) or 86AD(2)(b). 5 ‘(3) This subsection and subsection (1)(e) expire on 31 October 2008. ‘83 Competent person for s 82—holder of ADAS diving certificate for the diving ‘For section 82, the person is the holder of an ADAS diving certificate under which the diving involved in the underwater diving work may be done. 5 Section 86AC (Process to be carried out before work starts) or 86AD (Process to be carried out each time there is a significant change)

s 5 11 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 ‘84 Competent person for s 82—holder of certification under Australian Qualifications Framework ‘(1) For section 82, the person is the holder of a statement of attainment from a registered training organisation in relation to training that— (a) is relevant in a substantial way to the work; and (b) is provided within the registered training organisation’s scope of registration. ‘(2) For section 82, the person— (a) is the holder of a statement of attainment from a registered training organisation in relation to training in performing diver rescues— (i) that includes the elements of competency mentioned in subsection (3); and (ii) is provided within the registered training organisation’s scope of registration; and (b) has acquired through training, qualifications or experience, the knowledge and skills mentioned in the elements of competency and performance criteria in AS 2815, parts 1 to 4 6 relevant to the underwater diving work. ‘(3) For subsection (2)(a)(i), the elements of competency are as follows— (a) demonstrate knowledge of diver physiology; (b) demonstrate diver rescue skills; (c) use supplemental oxygen. ‘85 Competent person for s 82—holder of certificate for AS 4005.2 subject areas ‘For section 82, the person— 6 AS 2815 (Training and certification of occupational divers), parts 1 (SCUBA diving to 30 m), 2 (Air diving to 30 m), 3 (Air diving to 50 m) and 4 (Bell diving)

s 5 12 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (a) is the holder of a certificate showing that the person has successfully finished training in the subject areas mentioned in AS 4005, part 2 7 from a recreational scuba training organisation; and (b) has acquired through training, qualifications or experience, the knowledge and skills mentioned in the elements of competency and performance criteria in AS 2815, parts 1 to 4 relevant to the underwater diving work. ‘86 Competent person for s 82—person doing underwater diving work on no more than 28 days in the last 6 months ‘(1) For section 82, the person is someone who— (a) is a person mentioned in subsection (2) or (3); and (b) is being personally supervised in the water by a person who— (i) is a competent person for construction diving work; or (ii) is described in section 83, 84(1) or (2) or 85; and (c) has acquired, through training, qualifications or experience the knowledge and skills to do the work in a safe way, including a sound knowledge of the following— (i) the application of diving physics; (ii) the use of diving equipment, including emergency equipment; (iii) the use of decompression tables or dive computers; (iv) ways of communicating with a diver during underwater diving work; (v) how to safely perform underwater diving work of the same type as the underwater diving work; 7 AS 4005 (Training and certification of recreational divers), part 2 (Recreational SCUBA dive supervisor)

s 5 13 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (vi) the use, inspection and maintenance of diving equipment and air supply of the same type that is being used for the underwater diving work; (vii) diving physiology and first aid; (viii) provisions of the Act, this regulation or AS/NZS 2299, part 1 relevant to the underwater diving work. ‘(2) For subsection (1)(a)— (a) the person has done no underwater diving in the 6 months immediately before the underwater diving work is done; and (b) before that 6 months, has spent at least 15 hours doing underwater diving, of which at least 8 hours 20 minutes were spent within a depth of 10 m above or below the maximum depth at which the underwater diving work is being done. ‘(3) Alternatively for subsection (1)(a)— (a) the person has done underwater diving work on no more than 28 days in the 6 months immediately before the underwater diving work is done; and (b) at any time has spent at least 15 hours doing underwater diving, of which at least 8 hours 20 minutes were spent within a depth of 10 m above or below the maximum depth at which the underwater diving work is being done. ‘86AA Competent person for s 82—someone who has spent at least 15 hours doing the same type of work as the underwater diving work ‘(1) For section 82, the person is someone who— (a) has spent at least 15 hours doing underwater diving work of the same type as the underwater diving work mentioned in section 82(1), of which at least 8 hours 20 minutes were spent within a depth of 10 m above or below the maximum depth at which that underwater diving work is being or is to be done; and

s 5 14 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (b) has acquired, through training, qualifications or experience the knowledge and skills to do the work in a safe way, including a sound knowledge of the matters mentioned in section 86(c)(i) to (viii). ‘(2) This section expires on 31 October 2008. ‘Subdivision 2 Proof of competency for underwater diving work other than construction diving work ‘86AB Proof of competency ‘(1) This section applies to underwater diving work other than construction diving work. 8 ‘(2) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do underwater diving work as a work activity performer for the business or undertaking unless subsection (3) is complied with; or (b) allow a work activity performer for the business or undertaking to do underwater diving work unless subsection (3) is complied with. ‘(3) For subsection (2)— (a) the employer, self-employed person or other person must hold proof that the work activity performer for the business or undertaking is a competent person for the work; and (b) the work the work activity performer is to do must not be contrary to any restrictions stated in the proof of competency. ‘(4) The employer, self-employed person or other person must keep the proof of competency for at least 1 year after the work 8 For qualifications required for construction diving work, see section 86AM (ADAS diving certificate for the diving is required)

s 5 15 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 done under subsection (2) in reliance on the proof of competency ends. ‘(5) Subsections (2) and (4) are workplace health and safety obligations for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligations. ‘Subdivision 3 Risk assessment and control measure process at particular stages ‘86AC Process to be carried out before work starts ‘(1) This section applies to underwater diving work to be done by an employer, self-employed person or other person who conducts a business or undertaking. 9 ‘(2) Before the work starts, the employer, self-employed person or other person must ensure that the process set out in subsection (3) (the process ) is carried out by a competent person for the underwater diving work. Maximum penalty—30 penalty units. ‘(3) The process is— (a) identify the hazards associated with the work; and (b) assess the risk of death, illness or injury that may result because of the hazards; and (c) decide on and implement control measures to prevent, or minimise the level of, exposure to the risks. ‘(4) The assessment of risk must take into account— (a) the level of competence in underwater diving of the person who is to do the work; and 9 See section 3BA (References to the doing of work by person who conducts a business or undertaking).

s 5 16 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (b) each factor mentioned in AS/NZS 2299, part 1, appendix D, paragraph D2.4. 10 ‘(5) In deciding on the control measures, the hierarchy of control measures mentioned in AS/NZS 2299, part 1, appendix D, paragraph D3.2 11 must be taken into account. ‘86AD Process to be carried out each time there is a significant change ‘(1) This section applies if the process has been carried out under section 86AC(2). ‘(2) Each time there is a change mentioned in subsection (3), the employer, self-employed person or other person who conducts a business or undertaking— (a) if the work has started—must ensure that the work stops immediately; and (b) must not start or restart the work, or allow the work to start or restart, unless a competent person for the underwater diving work, who is out of the water, has carried out the process again. Maximum penalty—30 penalty units. ‘(3) For subsection (2), the change is— (a) a significant change in the way the work is to be done from the way the underwater diving work was to be done when the process was last carried out for the work; or (b) a significant adverse change in the environmental conditions affecting the diving from the conditions prevailing when the process was last carried out for the work. 10 AS/NZS 2299 (Occupational diving operations), part 1 (Standard operational practice), appendix D (Hazard identification, risk assessment and control), paragraph D2.4 (Factors for consideration) 11 AS/NZS 2299 (Occupational diving operations), part 1 (Standard operational practice), appendix D (Hazard identification, risk assessment and control), paragraph D3.2 (Control measures)

s 5 17 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 Examples of adverse changes in environmental conditions— • reduced underwater visibility resulting from work tasks disturbing sediment • increased current and surge action ‘86AE Work not to start or restart unless diver has read, understood and signed record of process ‘(1) This section applies if the process has been carried out under section 86AC(2) or section 86AD(2). ‘(2) The employer, self-employed person or other person who conducts a business or undertaking must not start or restart the underwater diving work as a work activity performer for the business or undertaking unless the employer, self-employed person or other person— (a) has read and understood the record of the process made under section 86AF; and (b) signed an acknowledgement, on the record, that the employer, self-employed person or other person has read the record. Maximum penalty—30 penalty units. ‘(3) The employer, self-employed person or other person must not allow a work activity performer for the business or undertaking to start or restart the underwater diving work unless the work activity performer— (a) has read and understood the record of the process made under section 86AF; and (b) signed an acknowledgement, on the record, that the work activity performer has read the record. Maximum penalty—30 penalty units. ‘86AF Record to be kept for each time process is carried out ‘(1) This section applies if the process has been carried out under section 86AC(2) or section 86AD(2).

s 5 18 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 ‘(2) The employer, self-employed person or other person who conducts a business or undertaking must ensure that a written record is made of the following for the process before the underwater diving work is started or restarted or is allowed to start or restart— (a) the date the process is carried out; (b) the date the work is to start or restart and end; (c) the work; (d) the location of the dive site; (e) the name of each person at the dive site who will be involved in the work; (f) each hazard identified; (g) for each hazard identified—the assessment of the risk of death, illness or injury that may result because of the hazard; (h) each control measure decided on. Maximum penalty—30 penalty units. ‘(3) The employer or self-employed person or other person who conducts a business or undertaking must— (a) make the written record of the process available for inspection, out of the water at the dive site, by anyone involved in the work; and (b) keep the record for at least 1 year after the last day it is used for the work. Maximum penalty—30 penalty units. ‘86AG Control measure to be in place and monitored and reviewed ‘(1) This section applies if a control measure (an original control measure ) is implemented under this subdivision for a risk. ‘(2) The employer, self-employed person or other person who conducts a business or undertaking and who implemented the original control measure must ensure that, while the risk exists—

s 5 19 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (a) the original control measure is kept in place; or (b) a different control measure necessary to prevent, or minimise the level of, exposure to the risk is implemented and kept in place. Maximum penalty—30 penalty units. ‘(3) The employer, self-employed person or other person who conducts a business or undertaking and who implemented the original control measure must monitor and review the effectiveness of— (a) the original control measure; or (b) a different control measure implemented under subsection (2)(b). Maximum penalty—30 penalty units. ‘Subdivision 4 Dive safety log ‘86AH Dive safety log—log must be kept ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must ensure that a dive safety log is kept about each dive, in doing underwater diving work, done by a work activity performer for the business or undertaking. Examples of dives for which information must be recorded in a dive safety log kept by an employer who is an individual — a dive by a worker or by the employer Maximum penalty—30 penalty units. ‘(2) The dive safety log must be written and comply with section 86AI. ‘86AI Dive safety log—required information about dives ‘(1) The dive safety log must state the following information— (a) the diver’s name; (b) the name of any co-diver with whom the dive is done;

s 5 20 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (c) the name of any dive supervisor; (d) the date and location of the dive; (e) time in; (f) time out; (g) maximum depth of the dive; (h) any incident, problem, discomfort or injury experienced or suffered by the diver; (i) if the dive was done using a dive computer—the dive time; (j) if the dive was done using dive tables—the repetitive dive group, if available, and either bottom time or dive time; (k) if the repetitive dive group and surface interval result in a repetitive factor—the surface interval and the repetitive factor. ‘(2) If the underwater diving work is done using EANx, the dive safety log must also state the following information— (a) oxygen content of the EANx; (b) maximum operating depth for the EANx. ‘(3) If the underwater diving work is done using mixed gas, the dive safety log must also state the following information— (a) oxygen content and nitrogen content, if any, of the mixed gas; (b) maximum operating depth for the mixed gas; (c) minimum operating depth of the bottom mix. ‘(4) The information mentioned in this section must be entered in the dive safety log as soon as practicable. ‘86AJ Dive safety log—diver must sign log ‘(1) On completion of each dive in relation to which a dive safety log must be kept, the diver must verify the diver’s return from the dive—

s 5 21 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (a) by signing the dive safety log entry for the diver; or (b) if the log is kept electronically—by entering in the log entry the name of, and a unique identifier for, the diver. Example of a log kept electronically — a record kept by computer Maximum penalty—10 penalty units. ‘(2) The signature or entry must be made as soon as practicable. Example — The diver’s signature in the dive safety log is an important check on whether a diver has returned to the boat. Accordingly, the signature needs to be made as soon as the diver has removed necessary gear and dried the diver’s hands. However, conditions in open boats, or numerous dives by the 1 diver in a single day, may make it impracticable to sign the dive safety log until the end of the diver’s diving for the day. ‘86AK Dive safety log—further signing of log ‘(1) The employer, self-employed person or other person who conducts a business or undertaking must ensure that a person verifies for the employer, self-employed person or other person, in the way stated in subsection (2), that— (a) the dive safety log entry for the diver has been made as required under section 86AH; and (b) the diver has complied with section 86AJ for the entry. Maximum penalty—20 penalty units. ‘(2) The way is— (a) by signing the log entry; or (b) if the log is kept electronically—by entering in the log entry the name of, and a unique identifier for, the person. ‘(3) The signature or entry must be made as soon as practicable. ‘86AL Dive safety log—log to be kept for at least 1 year ‘The employer or self-employed person or other person who conducts a business or undertaking must keep the dive safety

s 5 22 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 log required under this subdivision for at least 1 year after the last entry in it is made. Maximum penalty—20 penalty units. ‘Subdivision 5 Provisions relating only to construction diving work ‘86AM ADAS diving certificate for the diving is required ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do construction diving work as a work activity performer for the business or undertaking unless subsection (2) is complied with; or (b) allow a work activity performer for the business or undertaking to do construction diving work unless subsection (2) is complied with. ‘(2) For subsection (1)— (a) the employer, self-employed person or other person must hold an original or copy of an ADAS diving certificate, under which the diving involved in the work may be done, for the work activity performer for the business or undertaking; and (b) the work the work activity performer is to do must not be contrary to any restrictions stated in the certificate. ‘(3) The employer, self-employed person or other person must keep the certificate or copy for at least 1 year after the work done under subsection (1) in reliance on the certificate or copy ends. ‘(4) Subsections (1) and (3) are workplace health and safety obligations for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligations.

s 5 23 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 ‘86AN Dive supervisor ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do construction diving work as a work activity performer for the business or undertaking unless subsection (2) is complied with; or (b) allow a work activity performer for the business or undertaking to do construction diving work unless subsection (2) is complied with. ‘(2) For subsection (1)— (a) someone must have been appointed as the dive supervisor for the work or for the dive site where the work is to be done (the dive supervisor ); and (b) the dive supervisor must— (i) hold an ADAS diving certificate under which the diving involved in the work may be done; and (ii) personally supervise the work from a position out of the water at the dive site; and (iii) be able to communicate directly with each diver being supervised. ‘(3) A dive supervisor may supervise more than 1 diver at the same time. ‘(4) Subsection (1) is a workplace health and safety obligation for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligation. ‘86AO Stand-by diver ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do construction diving work as a work activity performer for the business or undertaking unless subsection (2) or (3) is complied with; or

s 5 24 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (b) allow a work activity performer for the business or undertaking to do construction diving work unless subsection (2) or (3) is complied with. ‘(2) For subsection (1)— (a) someone must have been appointed as stand-by diver for the work or for the dive site where the work is to be done (the stand-by diver ); and (b) the stand-by diver must— (i) be allowed under sections 78 and 86AM to make the dive; and (ii) hold an ADAS diving certificate under which the diving involved in the work may be done; and (iii) be out of the water; and (iv) be under the supervision of the dive supervisor; and (v) be fully equipped and otherwise ready to dive to go to the rescue of the diver doing the work; and (vi) be available to rescue the diver. ‘(3) Alternatively for subsection (1)— (a) the diver is 1 of only 2 divers who are under the water and under the supervision of the same dive supervisor; and (b) each diver— (i) can clearly see the other diver; and (ii) can immediately go to the rescue of the other diver; and (iii) must not be substantially obstructed from reaching the other diver; and (iv) must be allowed under sections 78 and 86AM to make the dive. ‘(4) A stand-by diver can not be the dive supervisor.

s 5 25 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 ‘(5) A stand-by diver may be the stand-by diver for some or all of the divers diving under the supervision of the same dive supervisor. ‘(6) Subsection (1) is a workplace health and safety obligation for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligation. ‘86AP Recompression chamber and qualified operator ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do restricted diving work as a work activity performer for the business or undertaking unless subsection (2) is complied with; or (b) allow a work activity performer for the business or undertaking to do restricted diving work unless subsection (2) is complied with. ‘(2) For subsection (1)— (a) an operational recompression chamber must be at, or near, the dive site where the work is to be done; and (b) a person must be at the dive site or chamber to operate the chamber; and (c) the person must hold an ADAS diving certificate for the category— (i) air diving to 50 m (AS 2815, part 3); or (ii) bell diving (AS 2815, part 4). ‘(3) For subsection (2)(a), a recompression chamber is operational if—

s 5 26 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (a) the chamber is fully operational and complies with AS/NZS 2299, part 1, clause 4.2 12 as published on 5 March 1999, other than clause 4.2.2(f) or 4.2.8; and (b) the equipment mentioned in clause 4.4, 13 other than clause 4.4.4, of that standard is available at the chamber. ‘(4) For subsection (2)(a), a recompression chamber is near the dive site if a diver could be moved to the chamber in 5 minutes from where the diver doing the work enters the water, if the diver were unconscious when the diver leaves the water. ‘(5) Subsection (1) is a workplace health and safety obligation for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligation. ‘(6) In this section— restricted diving work means construction diving work— (a) at a depth of over 30 m; or (b) requiring a decompression stop. ‘86AQ Recompression chamber not to be operated without appropriate qualifications ‘(1) This section applies if an employer, self-employed person or other person who conducts a business or undertaking— (a) is doing construction diving work; and (b) has a recompression chamber under the control of the employer, self-employed person or other person. ‘(2) The employer, self-employed person or other person must not— 12 AS/NZS 2299 (Occupational diving operations), part 1 (Standard operational practice), clause 4.2 (Chamber design, construction, fittings and services) 13 AS/NZS 2299 (Occupational diving operations), part 1 (Standard operational practice), clause 4.4 (Medical equipment)

s 5 27 s 5 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (a) operate the recompression chamber as a work activity performer for the business or undertaking unless subsection (3) is complied with; or (b) allow a work activity performer for the business or undertaking to operate the recompression chamber unless subsection (3) is complied with. ‘(3) For subsection (2), the employer, self-employed person or other person must hold an original or copy of an ADAS diving certificate, for the person operating the chamber, for the category— (a) air diving to 50 m (AS 2815, part 3); or (b) bell diving (AS 2815, part 4). ‘(4) The employer, self-employed person or other person must keep the certificate or copy for at least 1 year after a recompression chamber is operated under subsection (2) in reliance on the certificate or copy. ‘(5) Subsections (2) and (4) are workplace health and safety obligations for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligations. ‘86AR When using open circuit scuba is prohibited ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do construction diving work using open circuit scuba as a work activity performer for the business or undertaking in any of the circumstances mentioned in subsection (2); or (b) allow a work activity performer for the business or undertaking to do construction diving using open circuit scuba in any of the circumstances mentioned in subsection (2). ‘(2) The circumstances are that the diver will— (a) be at a depth of over 30 m; or

s 6 28 s 6 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (b) use a tool powered by anything other than a person; or (c) be doing work requiring a decompression stop; or (d) be at risk of being injured or trapped as a result of anyone’s use of mechanical lifting equipment or a buoyancy lifting device; or (e) be underneath something that would require the diver to move sideways, other than at an upwards angle, if the diver were to attempt to ascend. ‘(3) Subsection (1) is a workplace health and safety obligation for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligation. ‘86AS Work below 50 m using SSBA supplying compressed air prohibited ‘(1) An employer, self-employed person or other person who conducts a business or undertaking must not— (a) do construction diving work at a depth of over 50 m using SSBA supplying compressed air as a work activity performer for the business or undertaking; or (b) allow a work activity performer for the business or undertaking to do construction diving work at a depth of over 50 m using SSBA supplying compressed air. ‘(2) Subsection (1) is a workplace health and safety obligation for the Act. Note — See section 24 of the Act for the penalty for failing to discharge the obligation.’. 6 Amendment of sch 9 (Dictionary) (1) Schedule 9, definitions competent person , current and process — omit.

s 6 29 s 6 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 (2) Schedule 9— insert— ‘ Australian Qualifications Framework has the same meaning as AQF has under the VocationalEducation,TrainingandEmployment Act 2000 , schedule 3. competent person — (a) for construction diving work, see section 81; or (b) for underwater diving work other than construction diving work or conducting recreational diving or recreational technical diving, see section 82; or (c) for part 17, see section 167; or (d) for part 18, see section 181. construction diving work , for part 12, see section 77. dive supervisor , for part 12, division 3, see section 86AN. process , for part 12, division 3, see section 86AC(2). registered training organisation see the VocationalEducation, Training and Employment Act 2000 , schedule 3. scope of registration see the Vocational Education, Trainingand Employment Act 2000 , schedule 3. stand-by diver , for part 12, division 3, see section 86AO. statement of attainment see the VocationalEducation,Training and Employment Act 2000 , schedule 3. underwater diving work , for part 12, see section 76. work activity performer , for a business or undertaking, means a person who performs a work activity for the purposes of the business or undertaking, whether or not the person works on a voluntary basis. Examples of persons who may perform a work activity for the purposes of a business or undertaking — • a worker • an employer who is an individual • an executive officer of an employer that is a corporation

s 6 30 s 6 Workplace Health and Safety Amendment RegulationNo. 70, 2005 (No. 1) 2005 • a self-employed person • employees, of a supplier of labour, whose services have been obtained by the person conducting the business or undertaking under a contract.’. ENDNOTES 1 Made by the Governor in Council on 28 April 2005. 2 Notified in the gazette on 29 April 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2005