Workplace Health and Safety Amendment Regulation (No. 2) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 166 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 2) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 76 (Meaning of “construction diving work”) . . . . . . . . . . 2 5 Amendment of s 78 (Risk from certain medical conditions) . . . . . . . . . . . . 2 6 Amendment of s 79 (Contents of certificate of medical fitness to dive) . . . . 3 7 Amendment of s 80 (Risk from being unqualified). . . . . . . . . . . . . . . . . . . . 3 8 Amendment of s 81 (Risk without a qualified dive supervisor) . . . . . . . . . . 4 9 Amendment of s 82 (Risk without stand-by diver for dive site or work) . . . 4 10 Amendment of s 83 (Risk without availability of recompression chamber and qualified operator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Amendment of s 84 (Risk from someone operating recompression chamber without qualifications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Replacement of pt 12, div 4, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Amendment of s 86A (Ways to prevent or minimise risks prescribed). . . . . 6 14 Amendment of s 86B (Count of all persons on board to be made and recorded) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Amendment of s 86D (Lookout and rescuer) . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Amendment of s 86F (Dive safety log) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 2 s5 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 2) 2001. 2 Commencement This regulation commences on 1 February 2002. 3 Regulation amended This regulation amends the WorkplaceHealthandSafetyRegulation 1997 . 4 Amendment of s 76 (Meaning of “construction diving work”) (1) Section 76(4)(a), before ‘sound recording’— insert— ‘making a’. (2) Section 76(4)(a)(vi)— omit. (3) Section 76(4)(c), from ‘training’— omit, insert— ‘recreational technical diving, or training to go recreational diving or recreational technical diving; or’. (4) Section 76(4)— insert— ‘(d) 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.’. 5 Amendment of s 78 (Risk from certain medical conditions) (1) Section 78(1)(a)—

s6 3 s7 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 omit, insert— ‘(a) the employer holds a copy of a certificate of medical fitness to dive for the worker that appears to be current; and’. (2) Section 78(2)— omit, insert— ‘ (2) The employer must keep a copy of the certificate mentioned in subsection (1)(a) for at least 1 year after the certificate stops being current.’. (3) Section 78(4) and (5)— renumber as section 78(5) and (6). (4) Section 78— insert— ‘ (4) The employer or self-employed person must keep the certificate mentioned in subsection (3)(a) for at least 1 year after the certificate stops being current.’. (5) Section 78(5) as renumbered, ‘and (3)’— omit, insert— ‘to (4)’. 6 Amendment of s 79 (Contents of certificate of medical fitness to dive) Section 79(5), definition “relevant fitness criteria” — omit, insert— ‘ “ relevant fitness criteria” means the fitness criteria that are specified in AS/NZS 2299, part 1, 1 appendix K, paragraph K4 as published on 5 March 1999.’. 7 Amendment of s 80 (Risk from being unqualified) (1) Section 80(1)(a)— 1 AS/NZS 2299 (Occupational Diving Operations), part 1 (Standard Operational Practice)

s8 4 s9 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 omit, insert— ‘(a) the employer holds a copy of an ADAS diving certificate for the worker appropriate to the work; 2 and’. (2) Section 80(2), (3) and (4)— renumber as section 80(3), (5) and (6). (3) Section 80— insert— ‘ (2) The employer must keep a copy of the certificate mentioned in subsection (1)(a) for at least 1 year after the work is done.’. (4) Section 80— insert— ‘ (4) The employer or self-employed person must keep the certificate mentioned in subsection (3)(a) for at least 1 year after the work is done.’. (5) Section 80(5) as renumbered, ‘and (2)’— omit, insert— ‘to (4)’. 8 Amendment of s 81 (Risk without a qualified dive supervisor) Section 81(1)— insert — ‘(c) can communicate directly with each diver being supervised.’. 9 Amendment of s 82 (Risk without stand-by diver for dive site or work) (1) Section 82(3)(b)(i)— omit. (2) Section 82(3)(b)(ii) to (v)— renumber as section 82(3)(b)(i) to (iv). 2 See section 77 (What is an appropriate ADAS diving certificate).

s 10 5 s 11 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 10 Amendment of s 83 (Risk without availability of recompression chamber and qualified operator) Section 83(3)(a) and (b)— omit, insert— ‘(a) the chamber is fully operational and complies with AS/NZS 2999, part 1, clause 4.2 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, other than clause 4.4.4, of the standard is available at the chamber.’. 11 Amendment of s 84 (Risk from someone operating recompression chamber without qualifications) (1) Section 84(3)— renumber as section 84(6). (2) Section 84(1) and (2)— omit, insert— ‘ (1) An employer or self-employed person engaged in construction diving work may allow a recompression chamber under the employer’s or self-employed person’s control to be operated only if the employer or self-employed person holds a copy of an ADAS diving certificate, appropriate to operating a recompression chamber, for the person operating the chamber. ‘ (2) The employer or self-employed person must keep a copy of the certificate mentioned in subsection (1) for at least 1 year after the recompression chamber is operated. ‘ (3) An employer or self-employed person engaged in construction diving work must not operate a recompression chamber unless the employer or self-employed person holds an ADAS diving certificate appropriate to operating a recompression chamber. ‘ (4) The employer or self-employed person must keep the certificate mentioned in subsection (3) for at least 1 year after the recompression chamber is operated. ‘ (5) Subsections (1) to (4) are workplace health and safety obligations for the Act.’.

s 12 6 s 16 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 12 Replacement of pt 12, div 4, hdg Part 12, division 4, heading— omit, insert— ‘ Conducting recreational diving or recreational technical diving ’. 13 Amendment of s 86A (Ways to prevent or minimise risks prescribed) Section 86A(1) and (3), after ‘diving’— insert— ‘or recreational technical diving’. 14 Amendment of s 86B (Count of all persons on board to be made and recorded) (1) Section 86B(1), after ‘diving’— insert— ‘or recreational technical diving’. (2) Section 86B(2) and (4), ‘recreational diving’— omit. 15 Amendment of s 86D (Lookout and rescuer) (1) Section 86D(1), after ‘diving’— insert— ‘or recreational technical diving’. (2) Section 86D(2), ‘recreational’— omit, insert — ‘the’. 16 Amendment of s 86F (Dive safety log) (1) Section 86F(1), after ‘diving’—

s 16 7 s 16 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 insert— ‘or recreational technical diving’. (2) Section 86F(3)(a) and (b), ‘recreational’— omit. (3) Section 86F(4), ‘The’— omit, insert— ‘Subject to subsections (5) and (6), the’. (4) Section 86F(5) to (10)— omit, insert — ‘ (5) The following is the additional information required if the recreational technical diving is intended to be done using EANx with scuba or an EANx rebreather— (a) oxygen content of the EANx; (b) maximum operating depth for the gas being used. ‘ (6) The following is the additional information required if the recreational technical diving is intended to be done using mixed gas with scuba or a mixed gas rebreather— (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. ‘ (7) On completion of a recreational dive or a recreational technical dive, a diver must verify his or her return from the dive by signing the dive safety log entry for the diver. 3 ‘ (8) 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. ‘ (9) The master of any boat used in connection with the diving, or someone authorised by the employer or self-employed person, 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 (8). 3 The entry may only be partially completed when the diver signs it under this subsection. See the example in subsection (10).

s 17 8 s 17 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 ‘ (10) 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. ‘ (11) The employer or self-employed person must keep the dive safety log for at least 1 year.’. 17 Amendment of sch 9 (Dictionary) (1) Schedule 9— insert— ‘ “bottom mix” means a gas mix that can be breathed at the deepest point of the dive. “bottom time” means the time between a diver leaving the surface at the start of a dive and starting the final ascent. “decompression diving” means diving that requires a diver to take a planned stop during the final ascent to decompress. “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. “EANx” means a mixture of oxygen and nitrogen in which the volume of oxygen in the mixture is at least 22%. “master” , of a boat, means the person having command or charge of the boat. “maximum operating depth” , for a gas, means the maximum safe depth at which the gas can be used. “minimum operating depth” , of a bottom mix, means the minimum safe depth at which the gas can be used. “mixed gas” means an underwater breathing mixture other than compressed air or EANx. “rebreather” means a semi-closed or closed circuit self-contained underwater breathing apparatus. “recreational technical diving” means underwater diving for recreation, other than in a swimming pool—

s 17 9 s 17 Workplace Health and Safety Amendment Regulation No. 166, 2001 (No. 2) 2001 (a) using EANx or mixed gas; or (b) that is decompression diving using compressed air or other gas. “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. 4 “residual nitrogen” means nitrogen, in excess of the amount normally present in a person’s tissues, that is dissolved in the person’s tissues. “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. (2) Schedule 9, definition “NICNAS summary report” , ‘ 1990 ’— omit, insert— ‘ 1989 ’. (3) Schedule 9, definition “recreational diving” , from ‘is’ to ‘pool’— omit, insert— ‘means any of the following underwater diving for recreation using compressed air, other than diving in a swimming pool or decompression diving’. (4) Schedule 9, definition “resort diving” , after ‘program,’, second mention— insert— ‘or a recreational technical scuba training organisation’s program,’. ENDNOTES 1. Made by the Governor in Council on 13 September 2001. 2. Notified in the gazette on 14 September 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2001 4 Some dive tables refer to ‘pressure group’ instead of repetitive dive group.