Workplace Health and Safety Amendment Regulation (No. 2) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 233 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 2) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of pt 12, div 2, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new pt 12, div 4 and pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Division 4—Conducting diving for recreation using compressed air 86A Ways to prevent or minimise risks prescribed . . . . . . . . . . . . . . . . . . 2 86B Count of all persons on board to be made and recorded . . . . . . . . . . 3 86C Medical conditions of resort divers . . . . . . . . . . . . . . . . . . . . . . . . . . 4 86D Lookout and rescuer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 86E Supervision of resort divers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 86F Dive safety log . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 12A—CONDUCTING RECREATIONAL SNORKELLING 86G Ways to prevent or minimise risks prescribed . . . . . . . . . . . . . . . . . . 8 86H Count of all persons on board to be made and recorded . . . . . . . . . . 9 86I Advice about medical conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 86J Lookout, guide and rescuer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of sch 9 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 2 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 2) 1999 . ˙ Regulation amended 2. This regulation amends the Workplace Health and Safety Regulation1997 . ˙ Replacement of pt 12, div 2, heading 3. Part 12, division 2, heading— omit, insert— ‘ Division 2—Worker’s, employer’s and self-employed person’s medical fitness to dive ’. ˙ Insertion of new pt 12, div 4 and pt 12A 4. After section 86— insert— ‘ Division 4—Conducting diving for recreation using compressed air ˙ ‘ Ways to prevent or minimise risks prescribed ‘ 86A.(1) This division prescribes ways of preventing or minimising exposure to the risk of death, illness or injury associated with conducting recreational diving as part of an employer’s or self-employed person’s undertaking in the circumstances mentioned in this division. ‘ (2) A person may discharge the person’s workplace health and safety obligation for exposure to the risk in the circumstances mentioned in this division only by following the prescribed ways. 1 1 See the Act, section 24 (Discharge of obligations) for the penalty for failing to discharge the obligation.

s4 3 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) ‘ (3) This division does not deal with all circumstances that may expose a person to a risk associated with conducting recreational diving as part of an employer’s or self-employed person’s undertaking. ˙ ‘ Count of all persons on board to be made and recorded ‘ 86B.(1) This section applies if an employer or self-employed person uses a boat to transport persons to, or to the vicinity of, a recreational diving site. ‘ (2) Before the boat departs for the recreational diving site, the employer or self-employed person must ensure a crew member— (a) counts all persons on board; and (b) makes a written record of the count; and (c) verifies the count by signing the written record. ‘ (3) If anyone leaves the boat permanently for alternative transport to shore or another vessel, or if an additional person permanently joins the boat, the employer or self-employed person must ensure a crew member— (a) counts the persons leaving the boat as they leave it; and (b) counts the persons boarding the boat as they board it; and (c) makes a written record of each of the counts; and (d) makes a written record of the number of persons currently on board; and (e) verifies the information recorded under paragraphs (c) and (d) by signing the written record. ‘ (4) Before the boat departs from the recreational diving site or its vicinity, the employer or self-employed person must ensure a crew member— (a) counts the persons on board; and (b) makes a written record of the count; and (c) compares the count with the last count recorded under this section to ensure the counts agree; and

s4 4 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) (d) verifies the information recorded under paragraph (b), and the comparison done under paragraph (c), by making a record of the comparison and signing it. ‘ (5) The employer or self-employed person must keep each record made under this section for at least 1 year. ˙ ‘ Medical conditions of resort divers ‘ 86C.(1) This section applies if an employer or self-employed person intends to conduct resort diving for a person. ‘ (2) The employer or self-employed person may allow the person to do resort diving only if— (a) the person first gives the employer or self-employed person a medical declaration in the approved form about his or her medical fitness to dive; and (b) the employer or self-employed person, or someone on his or her behalf— (i) has read the declaration; and (ii) does not know or suspect that the declaration is false or misleading; and (iii) has assessed the person’s fitness to dive, having regard to the declaration; and (iv) decides it is reasonable to allow the person to dive. Example of the process of assessment— A declaration discloses a medical condition. The employer then seeks medical advice. In accordance with the medical advice, the employer decides that it is reasonable to allow the person to dive. ˙ ‘ Lookout and rescuer ‘ 86D.(1) This section applies if an employer or self-employed person is conducting recreational diving for 1 or more persons. ‘ (2) The employer or self-employed person may allow the persons to do recreational diving only while there is at least 1 person acting as lookout for

s4 5 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) the diving. ‘ (3) The lookout must— (a) be positioned out of the water where the lookout can see the whole area where the diving is taking place; and (b) be solely engaged in being the lookout; and (c) be able to recognise relevant hazards and divers in difficulty; and (d) be able to either— (i) rescue a diver; or (ii) direct a person who is immediately available and capable of rescuing a diver to rescue a diver; and (e) be able to either— (i) provide first aid including expired air resuscitation, oxygen resuscitation and external cardiac compression; or (ii) direct a person who is immediately available and capable of providing the first aid to provide the first aid. ‘ (4) A lookout is taken to be acting as lookout while occupied under subsection (3)(d) or (e) if— (a) the employer or self-employed person, or someone on his or her behalf, has conducted a proper assessment of the risks involved in not having another person available to act as lookout while the lookout is occupied under subsection (3)(d) or (e); and (b) it is reasonable having regard to those risks not to have another person available to act as lookout. ˙ ‘ Supervision of resort divers ‘ 86E.(1) This section applies if an employer or self-employed person is conducting resort diving for 1 or more persons. ‘ (2) The employer or self-employed person must ensure that each person doing resort diving is supervised in the water by a dive instructor or a dive instructor assisted by a certified assistant.

s4 6 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) ‘ (3) A dive instructor must not supervise more than 4 resort divers at a time. ‘ (4) A dive instructor assisted by a certified assistant must not supervise more than 6 resort divers at a time. ‘ (5) In this section— “certified assistant” means a person who holds a current qualification from a recreational scuba training organisation, designed to qualify the person to assist a dive instructor. “dive instructor” means a person who holds a current qualification from a recreational scuba training organisation, designed to qualify the person as a scuba instructor. ˙ ‘ Dive safety log ‘ 86F.(1) This section applies if an employer or self-employed person intends to conduct recreational diving for 1 or more persons. ‘ (2) The employer or self-employed person must ensure a dive safety log is kept. ‘ (3) The dive safety log must contain the required information about— (a) each recreational dive conducted by the employer or self-employed person; and (b) each dive done by the employer, self-employed person or the employer’s workers in conducting the recreational dive. ‘ (4) The following is the required information— (a) the diver’s name; (b) the name of any buddy with whom the dive is conducted; (c) the dive supervisor’s name; (d) the date and location of the dive; (e) time in; (f) time out; (g) maximum depth of the dive;

s4 7 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) (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 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. ‘ (5) On completion of a dive, a diver must verify his or her return from the dive by signing the dive safety log entry for the diver. 2 ‘ (6) The dive supervisor or someone else authorised by the employer or self-employed person must sign the dive safety log to verify that the log entry for each diver is complete and has been signed by the diver. ‘ (7) The master of any boat used in connection with the diving must sign the dive safety log to verify that the log entry for each diver has been completed and signed as required by subsections (3) to (6). ‘ (8) Each entry and signature in the dive safety log must be made as soon as possible. Example— The signature of the diver 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. ‘ (9) The employer or self-employed person must keep the dive safety log for at least 1 year. ‘ (10) In this section— “bottom time” means the time between a diver leaving the surface at the start of a dive and starting the final ascent. “dive time” means the time between a diver leaving the surface at the start of a dive and surfacing at the end of the dive. “residual nitrogen” means nitrogen, in excess of the amount normally 2 The entry may only be partially completed when the diver signs it under this subsection. See the example in subsection (8).

s4 8 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) present in a person’s tissues, that is dissolved in the person’s tissues. “repetitive dive group” means a letter of the alphabet, given by dive tables, that represents an estimate of the amount of residual nitrogen in a diver’s tissues immediately on surfacing at the end of a dive. 3 “repetitive factor” means a letter of the alphabet, given by dive tables, that represents an estimate of the amount of residual nitrogen in a diver’s tissues as determined by the repetitive dive group and the surface interval. 4 “surface interval” means the time a diver spends at the surface between 1 dive and the next dive. “time in” means the time a diver leaves the surface at the start of a dive. “time out” means the time a diver surfaces at the end of a dive. ‘ PART 12A—CONDUCTING RECREATIONAL SNORKELLING ˙ ‘ Ways to prevent or minimise risks prescribed ‘ 86G.(1) This part prescribes ways of preventing or minimising exposure to the risk of death, illness or injury associated with conducting recreational snorkelling as part of an employer’s or self-employed person’s undertaking in the circumstances mentioned in this part. ‘ (2) A person may discharge the person’s workplace health and safety obligation for exposure to the risk in the circumstances mentioned in this part only by following the prescribed ways. 5 ‘ (3) This part does not deal with all circumstances that may expose a 3 Some dive tables refer to ‘pressure group’ instead of repetitive dive group. 4 Some dive tables refer to ‘pressure group at end of surface interval’ instead of repetitive factor. 5 See the Act, section 24 (Discharge of obligations) for the penalty for failing to discharge the obligation.

s4 9 s4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) person to risks associated with conducting recreational snorkelling as part of an employer’s or self-employed person’s undertaking. ˙ ‘ Count of all persons on board to be made and recorded ‘ 86H.(1) This section applies if an employer or self-employed person uses a boat to transport persons to, or to the vicinity of, a recreational snorkelling site. ‘ (2) Before the boat departs for the recreational snorkelling site, the employer or self-employed person must ensure a crew member— (a) counts all persons on board; and (b) makes a written record of the count; and (c) verifies the count by signing the written record. ‘ (3) If anyone leaves the boat permanently for alternative transport to shore or another vessel, or if an additional person permanently joins the boat, the employer or self-employed person must ensure a crew member— (a) counts the persons leaving the boat as they leave it; and (b) counts the persons boarding the boat as they board it; and (c) makes a written record of each of the counts; and (d) makes a written record of the number of persons currently on board; and (e) verifies the information recorded under paragraphs (c) and (d) by signing the written record. ‘ (4) Before the boat departs from the recreational snorkelling site or its vicinity, the employer or self-employed person must ensure a crew member— (a) counts the persons on board; and (b) makes a written record of the count; and (c) compares the count with the last count recorded under this section to ensure the counts agree; and (d) verifies the information recorded under paragraph (b), and the

s 4 10 s 4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) comparison done under paragraph (c), by making a record of the comparison and signing it. ‘ (5) The employer or self-employed person must keep each record made under this section for at least 1 year. ˙ ‘ Advice about medical conditions ‘ 86I.(1) This section applies if an employer or self-employed person intends to conduct recreational snorkelling for 1 or more persons. ‘ (2) The employer or self-employed person must ensure that each person who intends to do the recreational snorkelling is advised that— (a) snorkelling can be a strenuous physical activity and may increase the health and safety risks for persons suffering from— (i) any medical condition that may be made worse by physical exertion, for example, heart disease, asthma and some lung complaints; or (ii) any medical condition that can result in loss of consciousness, for example, some forms of epilepsy and some diabetic conditions; or (iii) asthma that can be brought on by cold water or salt water mist; and (b) the person should tell the lookout, snorkelling supervisor or snorkelling guide if the person has any concerns about a medical condition. ˙ ‘ Lookout, guide and rescuer ‘ 86J.(1) This section applies if an employer or self-employed person is conducting recreational snorkelling for 1 or more persons. ‘ (2) The employer or self-employed person may allow the persons to do recreational snorkelling only if— (a) there is at least 1 person acting as lookout for the snorkelling; or (b) the snorkelling is done with a guide and—

s 4 11 s 4 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) (i) the guide is guiding 10 snorkellers or less; and (ii) the guide has conducted a proper assessment of the risks involved in not having a lookout; and (iii) it is reasonable having regard to those risks not to have a lookout. ‘ (3) The lookout must— (a) be positioned out of the water where the lookout can see the whole area where the snorkelling is taking place; and (b) be solely engaged in being the lookout. ‘ (4) The lookout or guide must— (a) be able to recognise relevant hazards and snorkellers in difficulty; and (b) be able to either— (i) rescue a snorkeller; or (ii) direct a person who is immediately available and capable of rescuing a snorkeller to rescue a snorkeller; and (c) be able to either— (i) provide first aid including expired air resuscitation, oxygen resuscitation and external cardiac compression; or (ii) direct a person who is immediately available and capable of providing the first aid to provide the first aid. ‘ (5) A lookout is taken to be acting as lookout and a guide is taken to be acting as a guide while occupied under subsection (4)(b) or (c) if— (a) the employer or self-employed person, or someone on his or her behalf, has conducted a proper assessment of the risks involved in not having another person available to act as lookout or as a guide while the lookout or guide is occupied under subsection (4)(b) or (c); and (b) it is reasonable having regard to those risks not to have another person available to act as lookout or as a guide.’.

s 5 12 s 5 Workplace Health and Safety Amendment No. 233, 1999 (No. 2) ˙ Amendment of sch 9 (Definitions) 5. Schedule 9— insert— ‘ “recreational diving” is any of the following underwater diving for recreation using compressed air, other than diving in a swimming pool— (a ) resort diving; (b) diving by a person undertaking training in diving for recreation, whether or not the person is being photographed, filmed or videoed while diving; (c ) diving for recreation by a person with a qualification in underwater diving, whether or not the person is being photographed, filmed or videoed while diving; “recreational snorkelling” does not include snorkelling in a swimming pool. “resort diving” means an introductory scuba experience, or introductory educational diving program, conducted according to a recreational scuba training organisation’s program, whether or not the person is being photographed, filmed or videoed while diving.’. ENDNOTES 1. Made by the Governor in Council on 14 October 1999. 2. Notified in the gazette on 15 October 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Training and Industrial Relations. © State of Queensland 1999