Recreational Diving: Approved Code of Practice: Revision

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A decision made 5 May 2015:

Decision Reference: MD-S-2015-0039

Decision Summary Title :

Revision of the ‘Recreational Diving: Approved Code of Practice’

Date of Decision Summary:

30th April 2015

Decision Summary Author:

Director of Health and Safety

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Report on the proposed revision of the Approved Code of Practice for Recreational diving

Date of Written Report:

30th April 2015

Written Report Author:

Director of Health and Safety

Written Report :

Public or Exempt?

Public

Subject:

Revision of the existing Recreational Diving Approved Code of Practice

Decision(s):

In accordance with Article 10 of the Health and Safety at Work (Jersey) Law 1989, the Minister agreed to approve the Code of Practice for Recreational Diving.

Reason(s) for Decision:

The Minister decided to give approval to a revised Code of Practice in order to set out practical guidance for recreational diving where at least one person is at work

Resource Implications:

There are no implications for the financial or manpower resources of the States.

Action required:

The Director of Health and Safety to arrange for publication of the revised Approved Code of Practice and, in accordance with Article 10 of the Health and Safety at Work (Jersey) Law 1989, the placing of a public notice in the Jersey Evening Post to advise of the introduction of the Approved Code of Practice.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Recreational Diving: Approved Code of Practice: Revision

Revision of the ‘Recreational Diving Projects: Approved Code of Practice’

Background to the Diving ACoP

The diving ACoP came into force on 1 July 2004, and was introduced in response to concerns being raised over the manner in which certain professional diving schools carried out the instruction and training of members of the public. These concerns, expressed by a number of parties including dive school operators and members of the public, resulted in Jersey Harbours introducing a registration scheme for diving schools in 1998, requiring that all diving schools operating in island waters register with Jersey Harbours.

At that time, it had been the intention of Jersey Harbours to introduce Regulations setting out further controls over diving activities, however, these proposals were found to be outside of the remit of legislation administered by Jersey Harbours. An approach was therefore made to the Health and Safety Inspectorate requesting that consideration be given to introducing controls under the Health and Safety at Work (Jersey) Law 1989.

Following discussions with the Diving Inspectorate of the UK HSE, Guernsey Health and Safety Executive and consultation with the diving industry, Senator Paul Routier, Minister for Social Security, approved a Code of Practice, which has remained in force since 1 July 2004. Guernsey took a similar approach.

Application of the Health and Safety at Work (Jersey) Law 1989

Article 5 of the Law places a general duty on employers and the self-employed in respect of the health and safety of members of the public. This extends to those whose work involves recreational diving. Article 10(1) of the Law provides for the Committee to approve codes of practice for the purposes of providing practical guidance on the requirements of the Law. Whilst a failure to meet the provision set out in an ACoP is not in itself an offence, Article 11 of the Law provides for the introduction of the ACoP as evidence in any criminal proceedings.

The Diving ACoP covers both the instruction and guiding of people diving for recreational purposes where at least one person taking part is at work, for example as an instructor. It also covers recreational journalists undertaking commissions and producing articles, including stills photography, for the recreational diving press only

Revision of the existing Diving ACoP

The UK HSE revised the ‘Recreational diving projects: Approved Code of Practice’, which the existing Jersey ACoP was based on, in November 2014. Whilst there were no significant changes in the approach, this was seen as an opportunity to review and revise the local ACoP to reflect the changes in the UK (where appropriate), update references and remove outdated guidance.

Key amendments

The terminology and format has been simplified to make the guidance clearer and easier to understand.
A number of requirements relating to the need for recreational diving contractors to identify their nearest decompression chamber, and have suitable arrangements for transferring casualties to it prior to each dive, have been removed. In reality, it is acknowledged that communication with the emergency services will result in the most suitable and effective response for any diving medical emergency so this is reflected in the revised ACoP. This also reflects the current position within the UK.
There are new requirements in relation to the provision of emergency oxygen. In view of the changes to the level of emergency response detailed in the paragraph above, a suitable oxygen administration set is now required to be available at all locations covered by the ACoP (rather than just at the dive site itself) and sufficient gas be available for the duration of a transfer of a diver to a decompression chamber, hospital or other place where appropriate medical treatment is available.
The absolute minimum number of a dive team is explicitly specified as three (one on the surface and two in the water). The guidance in the previous edition provided less clarity which had led to queries from some duty holders.
Section 2 of the existing ACoP set out the registration and notification requirements administered by Jersey Harbours (although this did not form part of the ACoP itself). This whole section has been removed following discussions with Jersey Harbours, who has confirmed that these requirements no longer exist.

Recommendation

It is recommended that the Minister for Social Security approve the revision of the ACoP.

It is intended to send a copy of the revised ACoP to all known duty holders to whom the ACoP will apply, as well as others with a potential interest.

A notice will also be published in the Gazette, with copies of the ACoP available to download free of charge from the Inspectorate website. Hard copies of the ACoP will be available, free of charge, from the Health and Safety at work Inspectorate.

Director of Health and Safety