Commonwealth Numbered Regulations - Explanatory Statements

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PETROLEUM (SUBMERGED LANDS) (DIVING SAFETY) REGULATIONS 2002 2002 NO. 300

STATUTORY RULES 2002 No. 300

Issued by the authority of the Minister for Industry, Tourism and Resources

Petroleum (Submerged Lands) Act 1967

Petroleum (Submerged Lands) (Diving Safety) Regulations 2002

The Commonwealth Govermnent has jurisdiction over the offshore petroleum exploration and production industry operating more than 3 nautical miles from the Territorial Sea Baseline through the Petroleum (Submerged Lands) Act 1967 (PSLA). Section 157 provides that the GovernorGeneral may make regulations for the purposes of the PSLA.

The purpose of the proposed Regulations is to replace certain existing standing directions with an objective-based regime for the management of safety of underwater activities in offshore petroleum exploration and production activities in areas of Commonwealth jurisdiction.

Key objectives are to:

•       encourage industry to continuously improve its safety performance;

•       adopt best practice to achieve agreed safety protection standards in industry diving operations;

•       ensure diving operations are carried out in a way that ensures that risk to employees is reduced to as low as reasonably practicable.

Day-to-day regulation of industry activities is undertaken by each State and the Northern Territory as the Designated Authority (DA) for adjacent waters. Safety performance is addressed primarily through standing Directions issued in accordance with section 101 of the PSLA. The PSLA is also supported by regulations and directions covering matters such as safety and environment.

The standing Directions made under the PSLA are legislative in nature and require the offshore petroleum industry's compliance, but are not subject to parliamentary scrutiny. It is Government policy that all subordinate legislation be subject to parliamentary scrutiny. Accordingly, the current arrangements could not be continued indefinitely.

The Directions are also prescriptive in nature, do not encourage industry to adopt best-practice safety management arrangements, technologies and a continuous improvement process in line with the Government's commitment to move to goal-setting legislation for the offshore petroleum industry.

A fundamental feature of the proposed Regulations is the requirement that a diving contractor develop, and operate in accordance with, a comprehensive Diving Safety Management System (DSMS) that is accepted by the DA before commencing any petroleum-related diving activity.

The proposed Regulations have been developed by the Department of Industry, Tourism and Resources in conjunction with a working group consisting of industry, workforce and Commonwealth and State and Northern Territory government representatives.

Details of the proposed Regulations are set out in the Attachment.

The Regulations will come into force on 27 May 2003 to allow a 6 month phasing-in period.

A Regulation Impact Statement is also attached.

Authority: Section 157 of the Petroleum (Submerged Lands) Act 1967

ATTACHMENT

NOTES ON INDIVIDUAL CLAUSES

Regulation 1. Name of Regulations

This Regulation provides that the title of the Regulations is the Petroleum (Submerged Lands) (Diving Safety) Regulations 2002.

Regulation 2. Commencement

This Regulation provides for the Regulations to commence on the 27th of May 2003.

Regulation 3. Application

It is intended that these Regulations would apply offshore (beyond State and Northern Territory coastal waters) where petroleum exploration, production or works subject to the Petroleum (Submerged Lands) Act 1967 (PSLA) require the use of divers. They would cover all diving operations in connection with offshore petroleum installations, exploration and pipeline works

Regulation 4. Definitions

The definitions in Regulation 4 are provided to assist the user in interpreting the meaning of specific terms used in or throughout these Regulations. They are intended to apply to these specific terms wherever the term occurs within and in the context of these Regulations.

Regulation 5. Meaning of diving

These Regulations are intended to apply to anyone who is 'diving' in any normal sense of the word to undertake work of any kind subject to the provisions of the PSLA.

Persons are therefore 'diving' if they are undertaking work whilst immersed in water or any other liquid (such as oil, petroleum or a slurry) whether using self contained or surface-supplied breathing mixtures of any kind, or diving using more sophisticated techniques such as closed or semi-closed re-breather units or saturation diving from a diving bell.

'Diving' also includes situations where a person is in a chamber where the pressure is greater that normal atmospheric pressure, whether as a stand-alone activity or during or after another type of diving activity of any kind. Diving also includes immersion whilst in a manned submersible craft (see definition in Regulation 4 above) and whilst undertaking breath-hold diving either whilst using a mask and/or snorkel or without any equipment at all.

Regulation 6. When a diving operation begins and ends

The diving operation does not necessarily finish once the last diver has returned to atmospheric pressure. Whilst at depth, the diver has absorbed additional quantities of gas into the blood and tissues and this must be allowed to bleed-off before the diver ascends to the surface (known as 'decompression'). If decompression is inadequate, potentially life-threatening decompression illness may occur after surfacing from the dive. Decompression protocols require the diver to remain in the close vicinity of a recompression chamber for a specified time in case there is a need for therapeutic treatment of such decompression illness.

Planning and procedures should also include reference to travel after diving, particularly where a decrease in ambient pressure (eg, flying, road travel over mountain ranges) may cause the onset of decompression illness. The diving operation is only completed once that time period has expired.

Regulation 7. No diving without a DSMS

Any diving contractor intending to undertake offshore diving work is required to have a DSMS that has been accepted by the regulator. A DSMS is therefore the fundamental prerequisite for a diving contractor to engage in diving activities subject to the PSLA. The DSMS must have been assessed by the DA and found to meet all the requirements of these Regulations and in general conform to the minimum standards of these Guidelines, and formally accepted in writing.

The DSMS must also be current - ie: it must be an accurate representation of the policies, staffing, procedures and equipment that the diving contractor is currently using, it must be an up-to-date revision as per the provisions of Regulation 14 (ie, it must not have been revised or withdrawn since its latest acceptance and it must not have been more than S years since its latest acceptance).

Regulation 8. Contents of DSMS

The Guidelines for Complying with the Petroleum (Submerged Lands)(Diving Safety) Regulations 2002 give comprehensive advice on formulating a DSMS.

If a diving contractor chooses to use a different formulation or approach in developing a DSMS to that outlined in these Guidelines, this would be acceptable as long as the DSMS demonstrates to the satisfaction of the DA that a similar or better standard of safety management would be achieved.

The DSMS must demonstrate that the diving contractor has a management system for undertaking diving projects that provides and maintains a working environment (including equipment and systems of work) that reduces risks to the safety and health of divers and other employees to a level as low as reasonably practicable. In preparing the DSMS, the diving contractor must ensure that it covers all the activities that occur in undertaking a diving project.

Regulation 9. Acceptance of new DSMS

This provision applies:

•       to all diving contractors at the commencement of these Regulations, when all existing offshore diving contractors must submit a DSMS in compliance with the provisions of Regulation 7 in order to continue to work offshore; and

•       subsequent to the first implementation of these Regulations, to all diving contractors who are seeking to commence undertaking offshore diving contracting work.

Regulation 10. Acceptance of revised DSMS

These Regulations place an obligation on the diving contractor to maintain the currency of the DSMS. The DSMS must be an accurate representation of the policies, standards, staffing, procedures and equipment that the diving contractor is currently using, and must be up-to-date in regard to the specific requirements of Regulation 14.

If the DSMS becomes significantly different from that accepted by the DA, and is revised by the diving contractor, it must be submitted to the DA for re-assessment. The DA must notify the diving contractor within the stipulated period whether the revised DSMS has been accepted or rejected.

Regulation 11. Grounds for rejecting DSMS

Regulation 8 sets out a number of aspects of the diving contractor's activities that the DSMS must make provision for. If the proposed DSMS does not adequately comply with all or any of these aspects, the DA must reject it.

Regulation 22 requires that the diving contractor ensure that there is effective consultation with relevant divers and other employees. In submitting the DSMS for assessment, the diving contactor must set out in writing details of the consultation that has taken place. If the diving contractor does not demonstrate to satisfaction of the DA that such consultation has taken place, or that it was effective consultation within the normal meaning of the word, the DA must reject the DSMS.

Regulation 12. Notice of reasons

This provision places an obligation on the DA to provide the diving contractor with the reasons why the DSMS has been rejected or had conditions put on it.

Regulation 13. Register of DSMSs

This provision requires that the DA keep a register of the details of all DSMSs that have been received so that operators can readily access this information to satisfy the obligation on them under Regulation 7(2) that a diving contractor has an accepted and current DSMS before allowing diving work to begin.

Regulation 14. Revision of DSMS

The DSMS is required by these Regulations to be an accurate record of the diving contractor's policies, practices and procedures, complying with the provisions of these Regulations as per the state of knowledge and operational procedures as they were at the time the time of acceptance. If the contents of the DSMS cease to be best practice or significantly change from those originally accepted by the DA, or the DA requires it, the document must be revised.

Regulation 15. Notice to revise DSMS

This provision gives the DA authority to require the revision of a diving contractor's DSMS by the issuing of a notice in writing upon the diving contractor. The diving contractor may apply in writing to the DA have the revision notice varied. Once the DA has decided on any variation, the diving contractor is then required to comply with the DA's direction in regard to revising the DSMS.

If, after having received a notice in writing from the DA as per the original or revision notice from the DA as above, the diving contractor does not undertake the revision, the DA may withdraw its acceptance of the DSMS.

Regulation 16. Diving project plan to be approved

This Regulation applies where the diving contractor is undertaking work, either directly for an operator or as a subcontractor through a principal contractor to the operator.

The diving project plan is the detailed plan developed to undertake a specific diving project. It must take into account the specific requirements of the particular diving job and dive site, and must form the bridging document between the operator's safety case and the DSMS. As such, its preparation requires consultation between the operator and diving contractor

The operator for the project must approve the diving project plan before diving operations can commence. The operator must ensure that the contents of the plan meet the requirements of Regulation. 20 before approving the plan.

The Operator must ensure that there was in fact effective consultation with employees in development of the diving project plan as specified in Regulation 22.

Regulation 17. Diving project plan to Designated Authority if there is no operator

This Regulation applies when diving work is undertaken in relation to a Special Prospecting Authority or other circumstances where there is no direct or indirect involvement of an Operator in the diving project. It requires the diving contractor to prepare a diving project plan in conjunction with the any other relevant parties to the diving project. The completed plan is to be submitted to the DA for review and acceptance if it complies with Regulations 20 and 22.

Regulation 18. Diving project plan to Designated Authority if requested

The operator must submit the latest revision of the plan to the DA on request.

Regulation 19. Updating diving project plan

Any changes to the diving project plan must be incorporated into the latest revision of the plan under management-of-change procedures. Any revision must be done in conjunction with and be approved by the operator.

If there is a significant change in the risk levels then those contributing factors, and any additional controls to mitigate the risk, must be identified and included into the project plan.

Where there is no operator for the project the project plan must be submitted to the DA. See Regulation. 17 (1) & (2).

Regulation 20. Contents of diving project plan

The diving project plan must cover the entire scope of work of the project and general principles of the diving techniques to be used as well as the needs of the particular operation.

The diving project plan must also take into account the specific requirements of the particular diving job and dive site, and must form the'bridging document' between the operator's safety case and the DSMS.

Regulation 21. No diving without approved diving project plan

All diving operations must have a diving project plan prepared by the diving contractor. If the project is conducted for an operator, the plan must be developed in conjunction with the operator. The Operator has overall responsibility for the safe execution of projects associated with a facility and its safety case. The operator must approve the diving project plan before diving may commence. If the diving project plan is to be revised, the operator must approve any proposed revision of the diving project plan.

If there is no operator the plan must be submitted to the DA for review. If the plan meets the requirements of the regulations the DA would accept the plan. Diving may not commence unless the plan is approved by the operator or accepted by the DA.

Regulation 22. Involvement of divers and employees in DSMS and diving project plan

Offshore diving operations are characterised by a contract employment of divers. This makes it more difficult for diving contractors to involve employees in the consultation process.

In regard to the preparation of the diving project plan, it is expected that as a minimum the supervisor would be involved on a small project. The degree of employee involvement, however, should be commensurate with the project duration and complexity. The larger and/or more complicated the project, the greater the range of operational personnel that should be involved in the consultation process.

As an alternative to, or as well as, the purpose-specific employment of known staff to undertake the consultation process, the diving contractor may come to an arrangement with an employee representative body or union(s) to engage in the consultation process.

Regulation 23. Safety responsibilities of diving contractors

The diving contractor has an on-going responsibility to ensure that risks to divers and other employees are eliminated. The provision recognises that in some instances the total elimination of risk is not possible because of technological limitations or prohibitive cost. It therefore provides the option of reducing the risks to as low as reasonably practicable, which involves an assessment of relative costs, effectiveness and reliability of different control measures.

This provision also places an ongoing responsibility on the contractor to take all necessary steps to ensure that diving operations are carried out in accordance with all of the policies, procedures, standards and practices of the accepted DSMS. In most foreseeable circumstances, where some aspect of a proposed diving operation is not going to comply with the provisions of the accepted DSMS, the contractor has a choice of either revising the DSMS or selecting an alternative method, procedure, technique or equipment to avoid not complying. It would be unusual for a diving contractor not to be able to comply under one of these alternatives.

Regulation 24. Safety in the diving area

This provision requires that copies of relevant documents should be available at the dive site. It also authorises the supervisor to give reasonable instructions in relation to health and safety of any person taking part in the diving operation.

Regulation 25. Diving depths

Under these Regulations, 50 metres is considered the maximum safe depth for surface oriented diving. Diving operations over that depth must used closed bell techniques or manned submersible craft. The operator and the diving contractor must therefore not allow surface-supplied diving to a depth deeper than 50 metres.

This provision does not apply to chamber dives for therapeutic recompression.

Regulation 26. Appointment of diving supervisors

The diving contractor must appoint in writing at least one diving supervisor for each diving operation.

The supervisors must be accredited under the Australian Diver Accreditation Scheme in order to undertake offshore diving operations. The supervisor must have adequate practical and theoretical knowledge and experience of the diving techniques to be used in the particular diving operation for which he or she is appointed.

Regulation 27. Duties of diving supervisors

The supervisor must ensure that the diving operation is undertaken safety and without risk to the health or safety of anybody taking part in it or of anyone else who may be affected by it.

The supervisor is also empowered by this Regulation to give reasonable orders in relation to health and safety to any person taking part in the diving operation.

The supervisor, whilst on duty as the supervisor of a diving operation, must not dive.

The supervisor must ensure that all persons involved in the diving operation are thoroughly and adequately briefed and provided with all relevant information that is necessary to enable those persons to safely carry out their part in the operation.

Regulation 28. Start-up notice

The start-up notice is intended to ensure that the DA is notified of every diving project that is being undertaken within the DAs jurisdiction. This allows the DA to plan for and undertake appropriate auditing and inspection of diving operations.

Diving must not commence until a start-up notice has been given to the DA as stipulated in this provision.

There are a small number of occasions envisaged where a diving project would be carried out under these Regulations without the involvement of an operator. This provision also allows for such a circumstance, and in such a circumstance, the diving contractor has the responsibility to notify the DA.

Regulation 29. Obligation to report significant accidents and incidents

These provisions complement the requirements under the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996 that place a general responsibility on the operator of a facility to report significant accidents and incidents to the DA.

If the diving project is being conducted in conjunction with a facility, then the operator of the facility is the person responsible for reporting accidents and incidents.

There are a small number of occasions envisaged where a diving project would be carried out under these Regulations without the involvement of an operator. In such a circumstance, the diving contractor is the responsible person and must report any significant accident or incident to the DA.

Not only must actual injuries or damage be reported, but also must be incidents that did not result in actual death, injury or significant damage but had the potential to do so or would be immediately investigated by a reasonable operator.

This provision recognises that if the operator has complied with the requirements of the Petroleum (Submerged Lands) (Management Of Safety On Offshore Facilities) Regulations 1996, then this Regulation is deemed to have been complied with.

Regulation 30. Divers in diving operations

This provision places a specific responsibility on the diving contractor and supervisor for a diving project to ensure that any diver taking part in the project is competent to safely undertake all aspects of the diving operation.

This provision also requires the diving contractor and the supervisor for a diving operation not allow any diver to dive in the operation unless the diver has the appropriate level of ADAS diving qualification and a valid medical certificate (as defined in Regulation 31).

The requirements for a medical certificate do not apply to persons undertaking diving in a recompression chamber solely for the purpose of providing medical care to an injured person or to diving undertaken in a manned submersible craft.

Regulation 31. Medical certificates

Divers are subject to significantly increased pressures and other physiological effects when diving and are required comply with strict industry-agreed standards of health and have a certificate to this effect from a medical practitioner trained in diving medicine. The medical standards with which the diver must comply are detailed in Australian/New Zealand Standard AS/NZS 2299.2:1999 in the Guidance for Medical Practitioners (Appendix K). The form of the medical certificate required is also is detailed in Australian/New Zealand Standard AS/NZS 2299.2:1999 (Diving Medical Examination Form - Appendix L).

Hyperbaric medicine is a specialist subset of medicine. Diving medical practitioners must be specifically trained in hyperbaric medicine in order to have the requisite competence to perform diver medical examinations to the standard required of these Regulations and to issue medical certificates which are valid under these Regulations. Medical practitioners accredited by the nominated specialist hyperbaric medicine organisations are deemed to comply with these Regulations:

To be a valid medical certificate under this provision, the medical examination must have been undertaken in accordance with the Guidance for Medical Practitioners (Appendix K of AS/NZS 2299) and the medical certificate must accord with the Diving Medical Examination Form (Appendix L of AS/NZS 2299).

Australia recognises that the diving medical standards required under law in the United Kingdom are equivalent to Australian requirements. Occupational diving medical certificates issued by medical practitioners registered with the UK Health and Safety Executive for the purposes of completing occupational diving medical examinations comply with this Regulation.

Regulation 32. Diving operations record

Diving supervisors subject to these Regulations must ensure that a record of every diving operation supervised by that person is kept in the form detailed in the Regulations.

A diving operations record must be kept in a hard bound (ie, that the pages are securely affixed and are not loose leaf) record book with the pages numbered serially so that it may easily be determined if records have been removed. If the form of the record is multiple self-carbon pages - the copies of which are perforated for easy removal - the original page must be not be perforated and designed to be retained in the record book.

The diving supervisor must ensure that a detailed record of all relevant information is kept of each day of a diving operation, including all the information detailed in this Regulation.

The diving supervisor must sign each page of the record of diving to signify that the information entered into the record is true and correct. If the pages are in the forma of multiple self-carbon pages, only the original top page must be signed.

If the diving operations involve more than one supervisor then each supervisor must certify the details pertaining to the part of the operation that he or she supervised.

Every record of a diving operation conducted by a diving contractor must be kept in safe conditions for 7 years after the last date in the record.

Regulation 33. Divers' log books

Every diver under these Regulations must keep a detailed permanent record of every diving operation undertaken by the diver is kept in the form detailed in this provision.

The diver must signify the accuracy of the details by signing the entry and have the accuracy of the entry certified by the diving supervisor who supervised the relevant dive. The logbook must be kept by the diver for at least 7 years after the last entry.