Workplace Health and Safety Amendment Regulation (No. 6) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 261 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 6) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 76 (Meaning of “construction diving work”) . . . . . . . . . . 2 5 Insertion of new pt 12, div 3, subdivs 1 and 2, and pt 12, div 3, subdiv 3, hdg ........................................... 3 Subdivision 1—Definition for subdivision 2 79A Meaning of “competent person” for subdiv 2 . . . . . . . . . . . . . . . . . . 3 Subdivision 2—Underwater diving work that is not construction diving work if process carried out—tourism industry 79B Work that is not construction diving work if process carried out . . . 5 79C Process to be carried out each time there is a significant change . . . 6 79D Employer not to allow worker to start or restart work unless worker has done certain things about record of process . . . . . . . . 7 79E Record to be kept for each time process is carried out . . . . . . . . . . . 7 79F Control measure to be in place and monitored and reviewed . . . . . . 8 Subdivision 3—Underwater diving work that is construction diving work’. 6 Replacement of hdg after s 86 (Risk using SSBA supplying compressed air at more than 50 m) .................................... 8 7 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 2 s4 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 1 Short title This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 6) 2002 . 2 Regulation amended This regulation amends the WorkplaceHealthandSafetyRegulation 1997. 3 Commencement This regulation commences on 1 November 2002. 4 Amendment of s 76 (Meaning of “construction diving work”) (1) Section 76(1), after ‘install,’— insert— ‘clean, inspect, maintain, remove, repair, salvage, search for,’. (2) Section 76(3)— omit, insert— ‘ (3) “Construction diving work” also includes underwater diving work associated with dredging, reclamation of land or other earthworks.’. (3) Section 76(4)(a) to (d), before ‘photographing’— insert— ‘underwater diving work for’. (4) Section 76(4)— insert— ‘(e) underwater diving work that is not construction diving work because of section 79B. 1 ’. 1 Section 79B (Work that is not construction diving work if process carried out)

s5 3 s5 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 5 Insertion of new pt 12, div 3, subdivs 1 and 2, and pt 12, div 3, subdiv 3, hdg Part 12, division 3, before section 80— insert— ‘Subdivision 1—Definition for subdivision 2 ‘79A Meaning of “competent person” for subdiv 2 ‘ (1) Each of the following persons is a “competent person” for subdivision 2— ‘(a) a person who— (i) holds an ADAS diving certificate appropriate to the underwater diving work to be done by the diver for whom the person is to carry out the process under section 79B(2) or 79C(2); and (ii) if the person is the diver—does not intend to do the work contrary to the limitations on diving (if any) stated in the certificate; ‘(b) a person who holds a statement of attainment from a registered training organization registered under the Australian Quality Training Framework for training that covers the underwater diving work for which the person is to carry out the process under section 79B(2) or 79C(2); ‘(c) a person who— (i) has acquired through training, qualifications or experience, the knowledge and skills mentioned in the elements of competencies and performance criteria in AS 2815, parts 1 to 4 relevant to the underwater diving work for which the person is to carry out the process under section 79B(2) or 79C(2); and (ii) holds a certificate indicating that the person has successfully completed training in the subject areas mentioned in AS 4005.2 2 from a recreational scuba training organisation. 2 AS 4005 (Training and certification of recreational divers), part 2 (Recreational scuba dive supervisor)

s5 4 s5 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 ‘ (2) Also, a person is a “competent person” for subdivision 2 if the person — (a) has spent at least 15 hours doing underwater diving work of the same type as the work for which the person is to carry out the process under section 79B(2) or 79C(2), 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 work is to be done; and (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 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 work for which the person is to carry out the process under section 79B(2) or 79C(2); (vi) the use, inspection and maintenance of diving equipment and air supply of the same type as will be used for the work for which the person is to carry out the process under section 79B(2) or 79C(2); (vii) diving physiology and first aid; (viii)provisions of the Act, this regulation, the Compressed Air Recreational Diving and Recreational Snorkelling Industry Code of Practice and AS/NZS 2299, part 1 3 relevant to the work for which the person is to carry out the process under section 79B(2) or 79C(2). ‘ (3) Subsection (2) and this subsection expire on 31 October 2007. 3 AS/NZS 2299 (Occupational diving operations), part 1 (Standard operational practice)

s5 5 s5 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 ‘Subdivision 2—Underwater diving work that is not construction diving work if process carried out—tourism industry ‘79B Work that is not construction diving work if process carried out ‘ (1) This section applies to underwater diving work— (a) for cleaning, inspecting, maintaining or searching for a vessel or mooring solely or mainly used in the tourism industry; and 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. (b) to be done in a marina or the ocean. ‘ (2) The work is not construction diving work if— (a) the work is to be done— (i) by an employer or self-employed person who is a competent person; or (ii) by an employer 4 and the work is actually to be done by a competent person who is a worker of the employer; and (b) before the work starts, the process set out in subsection (3) (the “process” ) is carried out by the same or a different competent person. ‘ (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— 4 See section 3B (References to the doing of work by employer)

s5 6 s5 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 (a) the level of competence in underwater diving of the person who is to do the work; and (b) each factor mentioned in AS/NZS 2299, part 1, appendix D2.4. 5 ‘ (5) In deciding on the control measures, the hierarchy of control measures mentioned in AS/NZS 2299, part 1, appendix D3.2 must be taken into account. ‘79C 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 79B(2) for underwater diving work to be done by an employer or self-employed person. ‘ (2) Each time there is a change mentioned in subsection (3), the employer or self-employed person— (a) if the work has started—must ensure that the work stops immediately; and (b) must not allow the work to start or restart unless a competent person, 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 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. Examples of adverse changes in environmental conditions — • reduced underwater visibility resulting from work tasks disturbing sediment • increased current and surge action. 5 AS/NZS 2299, part 1 (Occupational Diving Operations)

s5 7 s5 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 ‘79D Employer not to allow worker to start or restart work unless worker has done certain things about record of process ‘ (1) This section applies if the process has been carried out under section 79B(2) or section 79C(2) for underwater diving work to be done by an employer. ‘ (2) The employer must not allow a worker of the employer to start or restart the work unless the worker— (a) has read and understood the record of the process made under section 79E(2); and (b) signed an acknowledgement, on the record, that the worker has read the record. Maximum penalty—30 penalty units. ‘79E Record to be kept for each time process is carried out ‘ (1) This section applies if the process has been carried out under section 79B(2) or 79C(2) for underwater diving work to be done by an employer or self-employed person. ‘ (2) The employer or self-employed person must ensure that a written record is made of the following for the process before the work starts— (a) the date the process was carried out; (b) the date the work is to start 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 must—

s6 8 s7 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 (a) make the record 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 day it is made. Maximum penalty—30 penalty units. ‘79F Control measure to be in place and monitored and reviewed ‘ (1) This section applies if a control measure (an “original control measure” ) is implemented by an employer or self-employed person under this subdivision for a risk. ‘ (2) The employer or self-employed person must ensure that, while the risk exists— (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 or self-employed person must monitor and review the effectiveness of the original control measure or a different control measure implemented under subsection (2)(b). Maximum penalty—30 penalty units. ‘Subdivision 3—Underwater diving work that is construction diving work ’. 6 Replacement of hdg after s 86 (Risk using SSBA supplying compressed air at more than 50 m) Heading after section 86— omit, insert— ‘Division 4—Conducting recreational diving or recreational technical diving ’. 7 Amendment of sch 9 (Dictionary) (1) Schedule 9—

s7 9 s7 Workplace Health and Safety Amendment Regulation No. 261, 2002 (No. 6) 2002 insert— “process” , for part 12, division 3, subdivision 2, see section 79B(2)(b). (2) Schedule 9, definition “competent person” — insert— ‘(c) for part 12, division 3, subdivision 2 see section 79A.’. ENDNOTES 1. Made by the Governor in Council on 26 September 2002. 2. Notified in the gazette on 27 September 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2002