Merchant Shipping (Diving Safety) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1587 |
| Year | 2002 |
2002 No. 1587
MERCHANT SHIPPING
SAFETY
The Merchant Shipping (Diving Safety) Regulations 2002
Made 13th June 2002
Laid before Parliament 17th June 2002
Coming into force 1st September 2002
The Secretary of State for Transport, in exercise of the powers conferred upon him by section 88(2) of, and Schedule 2 to, the Merchant Shipping Act 19951, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Diving Safety) Regulations 2002 and shall come into force on 1st September 2002.
Interpretation
2.—(1) In these Regulations:
“casualty” means any casualty or other incident which involves loss or danger to the life of any person engaged in a diving project;
“craft” means a ship, hovercraft, or floating structure, including any fishing vessel or work boat, which is used for or in connection with a diving project;
“diving contractor” in relation to a diving project means, subject to regulation 7, a person who—
(a) is the employer of one or more persons taking part in the diving project as a diver who is at work, or
(b) dives in the diving project as a self-employed diver;
“diving operation” means an activity within a diving project in which at least one person takes part or will take part as a diver and which can be safely supervised by one person;
“diving plant and equipment” means any plant and equipment used or intended to be used as part of a diving project and includes:
(a) fixed or mobile plant and equipment forming part of a United Kingdom ship or other craft’s own plant and equipment, and
(b) mobile plant and equipment provided and brought on board for a diving project;
“diving project” means any activity in which at least one person takes part or will take part as a diver and extends from the time when that person, or the first such person, commences to prepare to dive until that person, or the last such person, has left the water, chamber or other environment in which the dive, or any part of the dive, took place and has completed any requisite decompression procedures including, where it may be reasonably anticipated that it will be needed, any therapeutic recompression;
“diving project plan” means a plan prepared pursuant to regulation 9;
“diving services” means services which are provided, for profit or gain, by the master or owner of a craft, to a person taking part in a diving project as a diver, (including the supply of submersible equipment for personal use by a diver or the supply of compressed gas (excluding therapeutic oxygen) for all forms of breathing apparatus, but excluding the provision of tuition or of transportation services); and for the purposes of this definition “tuition” includes information on local conditions and “transportation services” means the provision of a craft for the purposes of conveying its occupants to or from a diving operation or providing a platform for a diving operation;
“diving supervisor” means a person appointed, in accordance with regulation 10, to supervise a diving operation;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport), and includes any document amending or replacing such a notice which is considered by the Secretary of State to be relevant from time to time;
“self-contained underwater breathing apparatus” means diving plant and equipment in which a supply of breathing mixture is carried by the diver independently of any other source.
(2) For the purposes of these Regulations a person “dives” if.
(a)
(a) he enters—
(i) water or any other liquid, or
(ii) a chamber in which he is subject to pressure greater than 100 millibars above atmospheric pressure, and
(b)
(b) in order to survive in such an environment he breathes in air or other gas at a pressure greater than atmospheric pressure,
and references to “a dive”, “dive” and “diver” shall be construed accordingly.
(3) Where a United Kingdom ship or other craft is managed by a person other than her owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
Application
3.—(1) These Regulations apply to a diving project, within United Kingdom waters:
(a)
(a) which takes place from a craft the master or owner of which is the diving contractor for the diving project, and
(b)
(b) to which the Diving at Work Regulations 19972or the Diving Operations at Work (Northern Ireland) Regulations 19833do not apply.
(2) These Regulations also apply:
(a)
(a) outside United Kingdom or other national waters or an area designated by order under section 1(7) of the Continental Shelf Act 19644, to a diving project launched or operated from a United Kingdom ship, which relates to an offshore installation or pipeline and in relation to which there is a diving contractor, and
(b)
(b) outside United Kingdom or other national waters, to any diving project launched or operated from a United Kingdom ship, other than one which relates to an offshore installation or pipeline in relation to which there is a diving contractor.
(3) Where in relation to a diving project in United Kingdom waters:
(a)
(a) there is no person falling within the definition “diving contractor”,
(b)
(b) the Diving at Work Regulations 1997 and the Diving Operations at Work (Northern Ireland) Regulations 1983 do not apply, and
(c)
(c) the diving project takes place from a craft the master or owner of which is providing diving services to persons on board the craft,
regulations 5(2) and 6(2) of these Regulations shall apply.
Duty to ensure compliance with the Regulations
4. Every person who to any extent is responsible for, has control over or is engaged in any diving project to which these Regulations apply or whose acts or omissions could adversely affect the health and safety of persons engaged in any such project, shall take such measures as it is reasonable for a person in his position to take to ensure that these Regulations are complied with.
Duties of owner of craft
5.—(1) The owner of a craft from which a diving project is, or will be, undertaken shall ensure:
(a)
(a) that all plant and equipment, other than diving plant and equipment, necessary for the safe conduct of the diving project are available, suitable and sufficient for that purpose,
(b)
(b) that the plant and equipment made available in accordance with sub-paragraph (a) are maintained in a safe working condition,
(c)
(c) so far as reasonably practicable, that the diving contractor, diving supervisor and divers undertake their duties under these Regulations.
(2) The owner of a craft from which any diving project is to be undertaken who provides diving plant and equipment shall ensure that such plant and equipment are suitable for the safe conduct of the diving project and are maintained in a safe working condition.
Duties of master of craft
6.—(1) The master of a craft from which a diving project is, or will be, undertaken shall:
(a)
(a) ensure, so far as reasonably practicable, that no operations or activities which might adversely affect the health and safety of any person engaged in the diving project are undertaken from or on the craft during the period of the diving project,
(b)
(b) take such measures as are reasonable to ensure that there is a safe place on board the craft from which the diving project may be undertaken,
(c)
(c) take such measures as are reasonable to ensure that the craft is positioned in a safe location for the duration of the diving project, bearing in mind the weather conditions, tides and condition of the sea-bed and, if using a dynamic positioning system, all other relevant factors,
(d)
(d) take such measures as are reasonable to ensure that all plant and equipment, other than diving plant and equipment, necessary for the safe conduct of the diving project are sufficient and available for that purpose,
(e)
(e) take such measures as are reasonable to ensure that the plant and equipment made available pursuant to sub-paragraph (d) above are maintained in a safe working condition, and
(f)
(f) before the diving project is commenced, and at appropriate intervals during it, consult the diving supervisor about the said project or activities and any other matters which may affect the safety of the diving project.
(2) The master of a craft from which any diving project is to be undertaken who provides diving plant and equipment shall ensure that such plant and equipment are suitable for the safe conduct of the diving project and are maintained in a safe working condition.
Diving contractor
7. Where there is more than one person falling within the definition of “diving contractor” those persons shall, before commencing the diving project, jointly and in writing appoint one of them to act as the diving contractor for the purpose of these Regulations.
Duties of diving contractor
8.—(1) The diving contractor shall ensure, so far as is reasonably practicable, that a diving project in respect of which he is diving contractor is planned, managed and conducted in a manner which protects the health and safety of all persons taking part in the project.
(2) The diving contractor shall ensure:
(a)
(a) that there are sufficient competent persons to carry out safely and without risk to health both the diving project and any action (including giving first aid) which may be necessary in a reasonably foreseeable emergency connected with the diving project,
(b)
(b) that suitable and sufficient diving plant and equipment are available whenever needed to carry out safely and without risk to health both...
To continue reading
Request your trial