Fishing & Diving
S.I. No. 325/1999 –
Safety, Health and Welfare At Work (Fishing Vessels) Regulations, 1999.
PART I
Interpretation and General
Regulation
1.
Citation.
2.
Interpretation
3.
Application.
PART II
General Safety and Health Provisions
4.
Duties of owners.
5.
Information.
6.
Training and Instruction.
7.
Consultation and Participation.
8.
Amendment of Principal Regulations.
9.
Enforcing Agency.
FIRST SCHEDULE
Requirements for New Fishing Vessels
SECOND SCHEDULE
Requirements FOR Existing Fishing Vessels
THIRD SCHEDULE
Requirements for Life-Saving and Survival Equipment
FOURTH SCHEDULE
Requirements Concerning Personal Protective Equipment
FIFTH SCHEDULE
Provisions of the Schedules to these Regulations which are to be Enforced by the Minister for the Marine and Natural Resources
SAFETY, HEALTH AND WELFARE AT WORK (FISHING VESSELS) REGULATIONS, 1999.
I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 28 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), in relation to the matters set out in paragraphs (1), (2) to (16), (19), (20), (22), (23), (25) to (30), (32) and (35) to (37) of the Fourth Schedule to that Act, and by section 32 of the said Act as regards Regulation 9 of these regulations, as adapted by the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ), and the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ) and the Enterprise, Trade and Employment Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), with the consent of the Minister for Finance, and after consultation with the Minister for Marine and Natural Resources and the National Authority for Occupational Safety and Health, and for the purpose of giving effect to Council Directive 93/103/EC of 23 November 19931 hereby make the following regulations:
PART I
Interpretation and General
Citation.
1. These Regulations may be cited as the Safety, Health and Welfare at Work (Fishing Vessels) Regulations, 1999.
Interpretation.
2. (1) In these Regulations—
“the Act” means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989);
“existing fishing vessel” means any fishing vessel with a length between perpendiculars of 18 metres or over and which is not a new vessel;
“fishing vessel” means a fishing boat within the meaning of the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations, 1998 ( S.I. No. 294 of 1998 );
“master” means the master, or other person for the time being in charge of a vessel other than a pilot;
“new fishing vessel” means a fishing vessel with a length between perpendiculars of 15 metres or over and
(a) in relation to which a building or major conversion contract is placed on or after 23rd day of November 1995;
or
(b) in relation to which a building or major conversion contract has been placed before that date and which is delivered three or more years after that date;
or
(c) in case a building or major conversion contract has not been placed in relation to it after that date, on or after that date
(i) the keel is laid, or
(ii) construction identifiable with a specific vessel begins, or
(iii) assembly has commenced, comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the lesser;
“Owner” means, in relation to a vessel—
(a) the registered owner of the vessel (other than a vessel to which paragraph (b) of this definition applies), or
(b) in case the vessel—
(i) has been chartered by demise, or
(ii) is managed, either wholly or in part, by a person other than the registered owner under the terms of a management agreement, the demise charterer or, as the case may be, the person managing the vessel, who employs the workers concerned;
“the Principal Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations, 1993 ( S.I. No. 44 of 1993 );
“the Signs Regulations” means the Safety, Health and Welfare at Work (Signs) Regulations, 1995 ( S.I. No. 132 of 1995 );
“vessel” means any new or existing fishing vessel;
“worker” means any person carrying out an occupation on board a vessel, whether as an employee or self-employed person, including trainees and apprentices but excluding shore personnel carrying out work on board a vessel at the quayside and port pilots.
(2) In these Regulations a reference to a paragraph is to a paragraph in the Regulation in which the reference occurs, unless it is indicated that reference to some other Regulation is intended, and a reference to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations, unless it is indicated that reference to some other Regulations or Schedule is intended.
(3) A word or expression that is used in these Regulations and is also used in Council Directive 93/103/EC of 23 November 19932 has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.
Application.
3. (1) The provisions of these Regulations shall apply to every vessel without prejudice to the Merchant Shipping (Fire Appliances) Rules, 1967 ( S.I. No. 101 of 1967 ), the Merchant Shipping (Life Saving Appliance) Rules, 1967 ( S.I. No. 100 of 1967 ), the Fishing Vessel (Radio Installations) Regulations, 1998 ( S.I. No. 544 of 1998 ), and the Fishing Vessel (Radio Installations Survey) Regulations, 1999 ( S.I. No. 40 of 1999 ).
(2) The provisions of Regulations 2, 4 and Part II of the Principal Regulations shall apply in full to these Regulations.
(3) The requirements of the Schedules shall apply whenever required by the features of the place of work, the work activity carried on and the circumstances or the hazards prevailing in relation to any such work activity.
(4) These Regulations shall not apply to any worker who primarily works on shore, while working on a vessel when it is berthed at a quayside or to port pilots.
PART II
General Safety and Health Provisions
Duties of Owners.
4. It shall be the duty of every owner of a vessel—
(a) to ensure that the vessel is used in such a way that workers are not exposed to risks to their safety or health at work taking account, in particular, of the sea area meteorological forecast for the time being in respect of the geographical area in which the vessel is operating and without prejudice to any decision taken by the master as regards the safety or health at work of workers;
(b) when a worker leaves his or her place of work in the event of serious, imminent and unavoidable danger, to take account of the risks to the safety or health at work of other workers;
(c) to ensure that a new fishing vessel satisfies the requirements of the First Schedule;
(d) to ensure that on and from the 23rd day of November 2002 an existing fishing vessel satisfies the requirements of the Second Schedule;
(e) to ensure that, when vessels undergo extensive repairs, conversions or alterations on or after 23rd November 1995, those repairs, conversions or alterations are carried out in such a manner as will ensure that the vessel, on completion of the repairs, conversions or alterations satisfies the requirements of the First Schedule;
(f) to ensure that without prejudice to any decision taken by the master as regards the safety and health at work of persons on board—
(i) the vessel and its fittings and equipment, with particular reference to those set out in the First and Second Schedules, are adequately maintained and that any defects which are likely to affect the safety or health at work of workers are rectified as quickly as possible,
(ii) the vessel and its fittings and equipment are cleaned regularly so as to maintain an appropriate standard of hygiene, having regard to all the circumstances,
(iii) an adequate quantity of suitable emergency and survival equipment is kept on board the vessel and is maintained in good working order,
(iv) account is taken of the requirements concerning life-saving and survival equipment set out in the Third Schedule,
(v) without prejudice to the provisions of Part V of the Principal Regulations, account is taken of the requirements concerning personal protective equipment set out in the Fourth Schedule, and
(vi) the master has the necessary means to ensure that the requirements of these Regulations are complied with.
Information.
5. It shall be the duty of every employer in providing information in accordance with Part II of the Principal Regulations to his or her workers or their safety representative, to ensure that such information includes information on the measures to be taken concerning their safety and health in accordance with Regulation 4 and that such information is comprehensible to the employees concerned.
Training and Instruction.
6. It shall be the duty of every employer in providing training to his or her workers, in accordance with Part II of the Principal Regulations, to ensure that—
(a) such training includes adequate training on safety and health at work on board vessels and on accident prevention, fire fighting, the use of life-saving and survival equipment, and, in the case of the workers concerned, the use of fishing gear and hauling equipment, and the use of appropriate signs, including hand signals;
(b) such training contains appropriate precise and comprehensible instructions and is updated where this is required by changes in the activities on board;
(c) without prejudice to the provisions of the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997 ( S.I. No. 506 of 1997 ), and to the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations, 1988 ( S.I. No. 289 of 1988 ), any person likely to command a vessel shall be given training in relation to—
(i) the prevention of occupational illness and accidents on board the vessel and steps to be taken in the event of such an illness or accident,
(ii) the stability and the maintenance of the vessel under all foreseeable conditions of loading and during fishing operations, and
(iii) radio navigation and communication, including procedures related thereto.
Consultation and Participation.
7. It shall be the duty of every employer as regards consultation of workers and their safety representative and balanced participation as required under Regulation 12 of the Principal Regulations, to ensure that such consultation and participation includes consultation and participation in relation to the provisions of these Regulations and the Schedule thereto.
Amendment of Principal Regulations.
8. The Twelfth Schedule to the Principal Regulations is hereby amended by the addition of the following paragraph—
“Occurrence on a fishing vessel
17. Any dangerous occurrence at sea on a vessel, being a vessel within the meaning of the Safety, Health and Welfare at Work (Fishing Vessels) Regulations, 1999, which affects the safety or health at work of an employee or of a self-employed person on the vessel.”.
Enforcing Agency.
9. The Minister for the Marine and Natural Resources is hereby prescribed to be the enforcing agency in lieu of the Authority for the enforcement of—
(a) the provisions of these Regulations to the extent that they relate to the provisions of the First, Second and Third Schedules to these Regulations specified in the Fifth Schedule to these Regulations;
(b) the provisions of the First, Second and Third Schedules to these Regulations as so specified;
(c) those provisions of the Act and any statutory instrument made thereunder in so far as they relate to these Regulations as aforesaid and the provisions of the First, Second and Third Schedules to these Regulations as so specified,
to the same extent as each of the said provisions would apply if the Authority were the enforcing agency in respect of them.
FIRST SCHEDULE
Requirements for New Fishing Vessels
Regulation 4
Seaworthiness and stability.
1. (1) The vessel shall be maintained in a seaworthy condition and be properly equipped in a manner appropriate to its purpose and use.
(2) Information on the vessel’s stability shall be available on board and shall be accessible to persons on watch.
(3) The vessel shall be sufficiently stable when intact in the conditions of service for which it is intended.
(4) The master shall take such precautionary measures as are necessary to maintain adequate stability of the vessel.
(5) Instructions supplied by the owner, or shipbuilder concerning the vessel’s stability shall be observed in all respects.
Mechanical and electrical installations.
2. (1) Electrical installations shall be designed and constructed so as not to present any danger and so as to ensure:
(a) protection for workers and the vessel from electrical hazards,
(b) the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply, and
(c) the operation of electrical equipment essential for safety in all emergencies.
(2) An emergency electrical power source shall be provided which, except in open vessels, shall be located outside the engine room and shall, in all cases, be arranged so as to ensure, for at least three hours, in the event of fire or other failure of the main electrical installation, the simultaneous functioning of:
(a) the internal communication system, fire detectors and emergency signals,
(b) the navigation lights and emergency lighting,
(c) the radio installation, and
(d) the emergency electrical fire pump where present.
(3) Where the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery shall be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period of three hours to the systems referred to in clauses (a), (b) and (c) of subparagraph (2).
(4) The main electrical switchboard and the emergency switchboard shall, to the extent possible, be installed in such a way that they cannot be simultaneously exposed to water or fire.
(5) Switchboards shall be clearly marked and fuse boxes and fuse holders shall be checked at regular intervals to ensure that the correct rating of fuse is being used.
(6) Compartments housing electrical storage batteries shall be adequately ventilated.
(7) Electronic aids to navigation shall be tested frequently and be well maintained.
(8) All equipment used in hoisting shall be tested and examined at regular intervals.
(9) All parts of hauling gear, hoisting gear and related equipment shall be maintained in good repair and working order.
(10) Where refrigeration plants and compressed air systems are installed they shall be well maintained and examined at regular intervals.
(11) Cooking and domestic appliances using heavy gases shall be used only in well ventilated spaces and care shall be taken to avoid any dangerous accumulation of gas.
(12) Cylinders containing flammable and other dangerous gases shall be clearly marked as to their contents, be stowed on open decks, and all valves, pressure regulators and pipes leading from the cylinders shall be protected against damage.
Radio installation.
3. The radio installation shall permit contact at all times with at least one coastal or land-based station, taking into account the normal conditions for propagation of radio waves.
Emergency routes and exits.
4. (1) Emergency routes and exits shall be unobstructed and easily accessible at all times and lead by the most direct means to the open deck or to a safe area and thence to the survival craft so that workers can evacuate their workstations or living areas quickly and as safely as possible.
(2) The number, distribution and dimensions of the emergency routes and exits shall depend on the use, equipment and dimensions of the place of work and living areas and on the maximum number of persons that are likely to be present.
(3) Emergency exits which are closed shall be immediately and readily operable in an emergency by any person on board or by rescue teams.
(4) Emergency doors and other emergency exits shall be adequately weatherproof and watertight for their location and particular function and shall be as fire-resistant as the bulkheads.
(5) Emergency routes and exits shall be indicated by signs in accordance with the provisions of the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.
(6) Escape routes and facilities and emergency exits requiring illumination shall be provided with emergency lighting of adequate intensity in case the lighting fails.
Fire detection and fire fighting.
5. (1) The living quarters and enclosed places of work, including the engine-room and the fish hold if necessary, shall, taking account of the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum number of persons that are likely to be present, be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems.
(2) At all times fire-fighting equipment shall be kept in its proper location, maintained in good working order, and be available for immediate use.
(3) Persons on board shall be made conversant with the locations of fire-fighting equipment, the way it works and how it should be used.
(4) The presence of extinguishers and other portable fire-fighting equipment shall be checked prior to each occasion of the vessel being navigated.
(5) Manually-operated fire-fighting equipment shall be easily accessible and simple to use and must be indicated by signs in accordance with the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.
(6) Fire-detection and alarm systems shall be tested at regular intervals and be properly maintained.
(7) Fire-fighting drills shall be carried out at regular intervals.
Ventilation of enclosed places of work.
6. (1) Sufficient fresh air shall be provided in enclosed workplaces, having regard to the working methods used and the physical demands placed on workers.
(2) If a forced ventilation system is used, it shall be maintained in working order.
Temperature of working areas.
7. (1) The temperature in working areas shall be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on workers and the actual or potential weather conditions in the area in which the vessel operates.
(2) The temperature in living quarters, sanitary facilities, canteens and first-aid rooms shall, where those areas exist, be appropriate to the particular purpose of such areas.
Natural and artificial lighting of places of work.
8. (1) Places of work shall as far as possible receive sufficient natural light and be provided with artificial lighting suitable for the fishing operations in hand, without placing the safety and health at work of workers in danger or placing the navigation of other vessels in danger.
(2) Installations for the lighting of working areas, stairs, ladders and passageways shall be placed in such a way that the type of lighting provided poses no risk of accident to persons on board and no hindrance to the navigation of the vessel.
(3) Places of work in which workers are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.
(4) Emergency lighting shall be maintained in an efficient operating condition and be tested at regular intervals.
Decks, bulkheads and deckheads.
9. (1) Spaces accessible to workers shall be non-slip or anti-slip or be provided with devices to prevent falls and be kept free of obstacles as far as possible.
(2) Places of work containing workstations shall be adequately soundproofed and insulated, taking account of the type of tasks involved and the physical activity of workers.
(3) The surface of decks, bulkheads and deckheads in working areas shall be such that they can be cleaned or refurbished to an adequate standard of hygiene.
Doors.
10. (1) Means shall be provided so that doors can at all times be operated from the inside without special equipment and that they are operable from either side when places of work are in use.
(2) Doors, and in particular sliding doors, where such have to be used, shall function as safely as possible for the persons on board, in particular in adverse weather and sea conditions.
Traffic routes and danger areas.
11. (1) Passageways, trunks, the outer part of deckhouses and all traffic routes shall be equipped with guard rails, grab rails and lifelines or other means of ensuring the safety of workers in the course of activities on board.
(2) If there is a risk that workers can fall through openings in the deck, or from one deck to another, adequate protection shall be provided wherever possible and where guard rails provide such protection, they shall be at least one metre high.
(3) Access to installations above the deck for operations or maintenance purposes shall be such as to ensure the safety of workers and guard rails or similar protective devices of adequate height shall be provided to prevent falls.
(4) Bulwarks or other means provided to prevent persons falling overboard shall be adequately maintained and shall be fitted with freeing ports or other similar devices to enable water to drain away quickly.
(5) On stern trawlers with ramps, the upper part of the ramp shall be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect persons on board from the risk of falling into the ramp, and such gate or other device shall be easily opened and closed, preferably by remote control, and shall be open only during the process of casting the net or for hauling it in.
Layout of workstations.
12. (1) Working areas shall be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.
(2) Handling areas shall be sufficiently spacious as regards both height and surface area.
(3) If the engines are controlled from the engine room, they shall be controlled from a separate area within the engine room, which area shall be soundproofed and insulated from the rest of the engine room and accessible without it being necessary to enter the area in which the engines are located and, for the purposes of this paragraph, if the engines are controlled from the navigating bridge this subparagraph shall be deemed to be complied with.
(4) The controls for the hauling gear shall be installed in an area sufficiently large to enable the operators of the hauling gear to work unhindered.
(5) The hauling gear shall have adequate safety devices for emergencies, including emergency stop facilities.
(6) The hauling gear operator shall have an adequate view of the hauling gear and of any workers likely to be exposed to any risk from the hauling gear; if the hauling gear is controlled from the bridge, the operator shall have a clear view of such workers, either directly or through another suitable medium.
(7) A reliable communications system shall be used between the bridge and the working deck.
(8) A sharp look out shall be maintained at all times and workers warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck.
(9) Contact with bare ropes and warps and with moving parts of the equipment shall be minimised by installing protective devices.
(10) Controls shall be installed for moving masses, particularly on trawlers, and such controls shall include—
(a) devices to immobilise the otter boards, and
(b) devices to control the swinging motion of the codend.
Living quarters.
13. (1) The location, structure, soundproofing, means of insulation and layout of the living quarters and facilities on board, where these exist, and means of access thereto shall be such as to provide adequate protection against weather and sea, vibration, noise and unpleasant odours from other parts of the vessel likely to disturb workers during their period of rest.
(2) Where the design, dimensions or the purpose of the vessel allow, the living quarters on board shall be located so as to minimise the effects of motion and acceleration.
(3) Appropriate measures shall be taken as far as possible to protect non-smokers from discomfort caused by tobacco smoke.
(4) The living quarters on board shall be properly ventilated so as to ensure a constant supply of fresh air and to prevent condensation.
(5) Appropriate lighting shall be provided in the living quarters, including—
(a) adequate normal general lighting
(b) reduced general lighting to avoid disturbing persons on board who are resting, and
(c) local lighting in each berth.
(6) The galley and mess, where these exist, shall be of adequate size, well lit and ventilated and easy to clean and refrigerators or other low-temperature food-storage equipment shall be provided.
Sanitary facilities.
14. (1) On vessels with living quarters, shower facilities with hot and cold running water, wash-basins and toilets shall be provided and properly equipped and installed and the areas in which each of those facilities are provided shall be properly ventilated.
(2) Every worker shall have the use of a place in which to keep clothes.
First-Aid.
15. On all vessels first-aid equipment shall be provided in accordance with the requirements of the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997 ( S.I. No. 506 of 1997 ).
Accommodation ladders and gangways.
16. An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel shall be provided.
Noise.
17. All appropriate technical measures shall be taken to reduce the noise level at places of work and in the living quarters as far as possible, taking into account the size of the vessel.
SECOND SCHEDULE
Requirements for Existing Fishing Vessels
Regulation 4
Seaworthiness and stability.
1. (1) The vessel shall be maintained in a seaworthy condition and be properly equipped appropriate to its purpose and use.
(2) Where it exists, information on the vessel’s stability shall be available on board and shall be accessible to persons on watch.
(3) All vessels shall be sufficiently stable when intact in the conditions of service for which they are intended.
(4) The master shall take such precautionary measures as are necessary to maintain adequate stability of the vessel.
(5) Instructions supplied concerning the vessel’s stability shall be observed in all respects.
Mechanical and electrical installations.
2. (1) Electrical installations shall be designed and constructed so as not to present any danger and so as to ensure—
(a) protection for workers and the vessel from electrical risks,
(b) the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply, and
(c) the operation of electrical equipment essential for safety in all emergencies.
(2) An emergency electrical power source shall be provided which, except in open vessels, shall be located outside the engine room and in all cases be arranged so as to ensure, for at least three hours, in the event of fire or other failure of the main electrical installation, the simultaneous functioning of—
(a) the internal communication system, fire detectors, and emergency signals,
(b) the navigation lights and emergency lighting,
(c) the radio installation, and
(d) the emergency electrical fire pump where present.
(3) Where the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery shall be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period of three hours to the systems referred to in clauses (a), (b) and (c) of subparagraph (2).
(4) The main electrical switchboard and the emergency switchboard shall, to the extent possible, be installed in such a way that they cannot be simultaneously exposed to water or fire.
(5) Switchboards shall be clearly marked and fuse boxes and fuse holders shall be checked at regular intervals to ensure that the correct rating of fuse is being used.
(6) Compartments housing electrical storage batteries shall be adequately ventilated.
(7) Electronic aids to navigation shall be tested frequently and well maintained.
(8) All equipment used in hoisting shall be tested and examined at regular intervals.
(9) All parts of hauling gear, hoisting gear and related equipment shall be maintained in good repair and working order.
(10) Where refrigeration plants and compressed air systems are installed, they shall be well maintained and examined at regular intervals.
(11) Cooking and domestic appliances using heavy gases shall be used only in well ventilated spaces and care shall be taken to avoid any dangerous accumulation of gas.
(12) Cylinders containing flammable and other dangerous gases shall be clearly marked as to their contents, be stowed on open decks and all valves, pressure regulators and pipes leading from the cylinders shall be protected against damage.
Radio Installation
3. The radio installation shall permit contact at all times with at least one coastal or land-based station, taking into account the normal conditions for propagation of radio waves.
Emergency routes and exits
4. (1) Emergency routes and exits shall be unobstructed and easily accessible at all times and lead out by the most direct means to the open deck or to a safe area and thence to the survival craft so that workers can evacuate their workstations or living areas quickly and as safely as possible.
(2) The number, distribution and dimensions of emergency routes and exits shall depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons that are likely to be present.
(3) Emergency exits which are closed shall be immediately and readily operable in an emergency by an person on board or by rescue teams.
(4) Emergency routes and exits shall be indicated by signs in accordance with the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.
(5) Escape routes and facilities and emergency exits requiring illumination shall be provided with emergency lighting of adequate intensity in case the lighting fails.
Fire detection and fire fighting
5. (1) The living quarters and enclosed places of work, including the engine-room and fish hold if necessary, shall, taking account of the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum number of persons that are likely to be present, be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems.
(2) At all times fire-fighting equipment shall be kept in its proper location, maintained in good working order, and be available for immediate use.
(3) Persons on board shall be made conversant with the location of fire-fighting equipment, the way it works and how it should be used.
(4) The presence of extinguishers and other portable fire-fighting equipment shall be checked prior to each occasion of the vessel being navigated.
(5) Manually-operated fire-fighting equipment shall be easily accessible and simple to use and shall be indicated by signs in accordance with the Signs Regulations and such signs shall be placed at appropriate points and be of a durable nature.
(6) Fire-detection and alarm systems shall be tested at regular intervals and be properly maintained.
(7) Fire-fighting drills shall be carried out at regular intervals.
Ventilation of enclosed places of work.
6. (1) Sufficient fresh air shall be provided in enclosed workplaces, having regard to the working methods used and the physical demands placed on workers.
(2) If a forced ventilation system is used, it shall be maintained in working order.
Temperature of working areas.
7. (1) The temperature in working areas shall be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on persons on board and the actual or potential weather conditions in the area in which the vessel operates.
(2) The temperature in living quarters, sanitary facilities, canteens and first-aid rooms shall, where those areas exist, be appropriate to the particular purpose of such areas.
Natural and artificial lighting of places of work
8. (1) Places of work shall as far as possible receive sufficient natural light and be provided with artificial lighting suitable for the fishing operations in hand, without placing the safety and health at work of workers in danger or placing the navigation of other vessels in danger.
(2) Lighting installations in working areas, stairs, ladders and passageways shall be placed in such a way that the type of lighting provided poses no risk of accident to persons on board and no hindrance to the navigation of the vessel.
(3) Places of work in which workers are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.
(4) Emergency lighting shall be maintained in an efficient operating condition and be tested at regular intervals.
Decks, bulkheads and deckheads.
9. (1) Spaces accessible to workers shall be non-slip or anti-slip or be provided with devices to prevent falls and be kept free of obstacles as far as possible.
(2) Places of work containing workstations shall, in so far as possible, be adequately soundproofed and insulated, taking account of the type of tasks involved and the physical activity of workers.
(3) The surface of decks, bulkheads and deckheads in working areas shall be such that they can be cleaned or refurbished to an adequate standard of hygiene.
Doors
10. (1) Means shall be provided so that doors can at all times be operated from the inside without special equipment and that they are operable from either side when places of work are in use.
(2) Doors and in particular sliding doors, where such have to be used, shall function as safely as possible for the persons on board, in particular in adverse weather and sea conditions.
Traffic routes and danger areas.
11. (1) Passageways, trunks, the outer part of deckhouses and all traffic routes shall be equipped with guard rails, grab rails and lifelines or other means of ensuring the safety of workers in the course of activities on board.
(2) If there is a risk that workers can fall through openings in the deck, or from one deck to another, adequate protection shall be provided wherever possible.
(3) Access to installations above the deck for operation or maintenance purposes shall be such as to ensure the safety of workers and guard rails or similar protective devices of adequate height shall be provided to prevent falls.
(4) Bulwarks or other means provided to prevent persons falling overboard shall be adequately maintained and be fitted with freeing ports or other similar devices to enable water to drain away quickly.
(5) On stern trawlers with ramps, the ramp shall be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp, and such gate or other device shall be easily opened and closed and shall be open only during the process of casting the net or for hauling it in.
Layout of workstations.
12. (1) Working areas shall be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.
(2) Handling areas shall be sufficiently spacious, as regards both height and surface area.
(3) If the engines are controlled from the engine room, they shall be controlled from a separate area within the engine room and accessible without it being necessary to enter the area in which the engines are located and, for the purposes of this paragraph, if the engines are controlled from the navigating bridge this subparagraph shall be deemed to be complied with.
(4) The controls for the hauling gear shall be installed in an area sufficiently large to enable the operators of the hauling gear to work unhindered.
(5) The hauling gear shall have adequate safety devices for emergencies, including emergency stop facilities.
(6) The hauling gear operator shall have an adequate view of the hauling gear and any workers likely to be exposed to any risk from the hauling gear; if the hauling gear is controlled from the bridge, the operator shall also have a clear view of such workers, either directly or through another suitable medium.
(7) A reliable communications system shall be used between the bridge and the working deck.
(8) A sharp look out shall be maintained at all times and workers warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck.
(9) Contact with bare ropes and warps and with moving parts of the equipment shall be minimised by installing protective devices.
(10) Controls shall be installed for moving masses, particularly on trawlers, and such controls shall include—
(a) devices to immobilise the otter boards, and
(b) devices to control the swinging motion of the codend.
Living quarters.
13. (1) Living quarters on board, where they exist, shall be such as to minimise noise, vibration, the effects of motion and acceleration, and unpleasant odours from other parts of the vessel.
(2) Appropriate lighting shall be installed in the living quarters.
(3) The galley and mess, where they exist, shall be of adequate size, adequately lit and ventilated and easy to clean and refrigerators or other low-temperature food-storage equipment shall be provided.
Sanitary facilities.
14. On vessels with living quarters, toilets, wash-basins and, if possible, a shower shall be installed and each such area shall be properly ventilated.
First-Aid.
15. On all vessels first-aid equipment shall be available which fulfils the requirements of the European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations, 1997 ( S.I. No. 506 of 1997 ).
Accommodation ladders and gangways.
16. An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel shall be provided.
THIRD SCHEDULE
Requirements for Life-Saving and Survival Equipment
Regulation 4
1. Vessels shall carry adequate life-saving and survival equipment, taking account of the number of workers and the area in which the vessel is operating and shall include—
(a) adequate means of recovering persons from the water, and
(b) radio rescue, in particular an emergency position-indicating radio beacon with a hydrostatic release mechanism.
2. All items of life-saving and survival equipment shall be kept in their proper locations, maintained in good working order and be available for immediate use and they shall be checked by the workers before the vessel leaves port and during the voyage.
3. The life-saving and survival equipment shall be inspected at regular intervals.
4. All workers shall receive proper training and appropriate instructions in anticipation of an emergency.
5. If either the length of the vessel exceeds 45 metres, or if five or more workers are carried, a muster list shall be provided with clear instructions for each worker which shall be followed in case of emergency.
6. Musters of workers for survival drill shall be carried out each month in port or at sea. These drills shall ensure that workers thoroughly understand and have practised the duties which they have to perform with respect to the handling and operation of all life-saving and survival equipment.
7. Workers shall be trained in the setting up and operation of the portable radio equipment, where carried.
FOURTH SCHEDULE
Requirements Concerning Personal Protective Equipment
Regulation 4
1. Where risks to safety or health at work cannot be prevented or sufficiently limited by collective or technical protective measures the workers shall be provided with personal protective equipment.
2. Personal protective equipment in the form of clothing or worn over clothing shall be in bright colours, contrasting with the marine environment and be clearly visible.
FIFTH SCHEDULE
Provisions of the Schedules to these Regulations which are to be Enforced by the Minister for the Marine and Natural Resources
Regulation 9
1. Paragraphs 1, 2 (with the exception of subparagraphs (8) and (9)), 3, 4, 5, 6, 7, 8, 9 (with the exception of subparagraph (3)), 10, 11, 12 (as respects subparagraphs (1) and (3)), 13, 14, 15, 16 and 17 of the First Schedule.
2. Paragraphs 1, 2 (with the exception of subparagraphs (8) and (9)), 3, 4, 5, 6, 7, 8, 9 (with the exception of subparagraph (3)), 10, 11, 12 (as respects subparagraphs (1) and (3)), 13, 14, 15 and 16 of the Second Schedule.
3. Every provision of the Third Schedule.
The Minister for Finance concurs in the making of these Regulations.
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GIVEN under the Official Seal of the Minister for Finance, this 6th day of October, 1999.
CHARLIE McCREEVY,
Minister for Finance.
GIVEN under my Hand, this 19th day of October, 1999.
TOM KITT,
Minister of State at the Department of Enterprise, Trade and Employment.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations give effect to Council Directive 93/103/EEC on the minimum health and safety requirements applicable to work on board fishing vessels. The Regulations set out the duties of owners in this regard, including duties in relation to the provision of information, training, instruction and consultation of workers.
1 O.J. No. L307, 13.12.93, p.1.
2 O.J. No. L307, 13.12.93. p.1.
S.I. No. 254/2018 –
Safety, Health and Welfare at Work (Diving) Regulations 2018
“Iris Oifigiúil” of 20th July, 2018.
I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 )) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 569 of 2017 ), hereby make the following regulations:
Part 1
Preliminary
Citation and commencement
1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Diving) Regulations 2018.
(2) These Regulations come into operation on 1 May 2019.
Interpretation
2. In these Regulations—
“Act” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);
“ambient pressure” means the external pressure to which the body of a diver is, at any given moment, subjected either underwater or, as the case may be, in a compression chamber;
“atmospheric pressure” means 1013 millibars;
“bottom time” means the duration of a dive from the time of leaving the surface to the commencement of ascent to the surface;
“breathing gas” means any gas or mixture of gases (including air) which is both fit for breathing by humans and free from contamination;
“certificate of medical fitness to dive” means a certificate issued in accordance with Regulation 19;
“client” means a person who commissions a diving project;
“compression chamber” means a pressure vessel and its associated equipment that are designed for the purpose of subjecting persons to pressures greater than atmospheric pressure;
“diver” means a person who dives in the course of his or her work;
“diving” shall be construed in accordance with Regulation 3;
“diving contractor” shall be construed in accordance with Regulation 7(1);
“diving operation” means a diving project or part thereof, as identified in the diving project plan, in accordance with Regulation 10(2)(c), which can be safely supervised by one diving supervisor;
“diving operation record” shall be construed in accordance with Regulation 11(1);
“diving project” means any activity, made up of one or more diving operations, in which at least one person takes part or will take part as a diver and extends from the date of the appointment of the diving contractor to the completion of the final dive of the diving project, namely when the last diver has left the water or chamber in which that dive took place and has completed any requisite decompression procedures, including any therapeutic recompression;
“diving project plan” shall be construed in accordance with Regulation 10(1);
“diving supervisor” means a person who has been appointed to supervise a diving operation in accordance with Regulation 7(5);
“first aid” has the same meaning as it has in Regulation 163 of the General Application Regulations;
“General Application Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016;
“relevant code of practice” means a code of practice relating to these Regulations, published or approved of, under section 60 of the Act;
“submersible compression chamber” means a manned compression chamber which is used underwater to support divers;
“standby diver” means a person who is appropriately positioned, equipped, dressed and ready to render immediate assistance to a diver in an underwater emergency.
Diving
3. For the purposes of these Regulations, a person dives if—
(a) he or she enters—
(i) water or any other liquid, or
(ii) a compression chamber in which he or she is subject to pressure greater than 100 millibars above atmospheric pressure,
and
(b) in order to survive in such an environment, breathes in a breathing gas at a pressure greater than atmospheric pressure,
and references to “a dive” and “dive” shall be construed accordingly.
Application of regulations
4. (1) Subject to paragraphs (2) and (3), these Regulations shall apply to any diving project in which a person who dives is at work.
(2) These Regulations shall not apply to any or all of the following:
(a) the care or treatment of patients—
(i) in a hospital or other place, not under the control of a diving contractor, where medical treatment is provided, or
(ii) in transit to such hospital or place where the means of transit is provided by or in respect of the hospital or other place;
(b) activities to which section 6(2) of the Act applies;
(c) work carried out in any air which is compressed in order to prevent the ingress of ground water or to stabilise the surrounding area;
(d) maintenance or testing work carried out in an aircraft where the body of the aircraft is pressurised;
(e) emergency breathing systems used in helicopter underwater escape and escape training.
(3) These Regulations, other than the obligations in paragraph (4) and Regulation 17(1) shall not apply in relation to a diver where the sole purpose of his or her dive is the teaching or guiding of recreational diving.
(4) The obligations referred to in paragraph (3) are that—
(a) the employer of the diver, or where the diver is self-employed, the diver himself or herself, shall ensure that he or she is competent in the method of diving that is safe to use on that particular dive and to engage in any activity that he or she may reasonably expect to carry out when taking part in the dive, and
(b) any teaching or guiding of recreational diving shall be carried out in accordance with any relevant standard adopted by the National Standards Authority of Ireland.
Part 2
Duties of Persons
Duties of persons
5. (1) A person—
(a) who is responsible for a diving project,
(b) who has control over a diving project,
(c) who is engaged in a diving project, or
(d) whose acts or omissions could adversely affect the safety, health and welfare of persons engaged in such a project,
shall take such measures as is reasonable for a person in his or her position to take to ensure that these Regulations and any relevant code of practice are complied with.
Part 3
Duties of Client
Duties of client
6. (1) A client shall appoint one competent person in writing to be the diving contractor for each diving project.
(2) A client shall—
(a) obtain confirmation in writing of the acceptance of the appointment of the diving contractor under paragraph (1), or
(b) where an appointment referred to in paragraph (3) is made, make a record in writing of that appointment.
(3) A client may appoint himself or herself to be a diving contractor for a diving project.
(4) A client shall ensure that any plant and equipment supplied by him or her for the purposes of the diving project is—
(a) readily available for use,
(b) of sound construction and suitable material,
(c) in good working order, and
(d) adequate for the purpose for which it is used.
(5) A client shall provide to the diving contractor all information relating to the known hazards which could affect the diving project that is either in the client’s possession or could be obtained by the client making enquiries that are reasonable for a person in the client’s position to make, and otherwise cooperate with the diving contractor.
Part 4
Duties of Diving Contractor
Diving contractor
7. (1) A diving contractor shall be—
(a) the person who employs under a contract of employment all divers engaged to undertake and carry out the diving project, or
(b) the person who—
(i) manages a diving project for a fixed or other sum, and
(ii) supplies equipment, labour or both, whether the diving contractor’s own labour or that of another, to carry out the diving project.
(2) A diving contractor shall be responsible for and have control of a diving project.
(3) A diving contractor shall—
(a) ensure that the diving project is planned, managed and conducted so far as is reasonably practicable in a manner which protects the safety, health and welfare of all persons taking part in the diving project,
(b) ensure that the diving project plan is prepared in accordance with Regulation 10,
(c) identify himself or herself in the diving project plan, and
(d) ensure that the diving project plan is updated throughout the course of the diving project.
(4) Before a diving operation commences, a diving contractor shall provide each person whom he or she proposes to appoint as a diving supervisor with a copy of any part of the diving project plan that relates to the diving operation.
(5) A diving contractor—
(a) shall appoint one or more competent persons in writing as a diving supervisor to the diving operation,
(b) may appoint himself or herself as the diving supervisor of the diving operation, and
(c) shall obtain confirmation in writing from each diving supervisor of the acceptance of her or her appointment, or where an appointment is made under subparagraph (b), make a record of the appointment.
(6) A diving contractor shall ensure that there are a sufficient number of competent persons available to carry out, safely and without risk to the health or welfare of such persons, the diving project, and any action, including the giving of appropriate first aid, which may be necessary in the event of a foreseeable emergency that occurs during the course of the diving project.
Competent divers
8. (1) A diving contractor shall ensure that any diver engaged in the diving operation—
(a) is competent to dive in the operation, including competent in the method of diving that is safe to use in the diving operation, and
(b) is competent in the type of work to be carried out during the course of the diving operation.
(2) A diving contactor shall ensure, in so far as is reasonably practicable that any person taking part in the diving project complies with the provisions of the diving project plan and the relevant statutory provisions.
Duties of diving contractor regarding plant and equipment
9. A diving contractor shall ensure—
(a) that there is suitable and sufficient plant and equipment necessary for the safe conduct of the diving operation,
(b) that such plant and equipment is available when needed to carry out, safely and without risk to the health or welfare of any person, the diving project and any action which may be necessary in the event of an emergency that occurs during the course of, or is connected with, the diving project,
(c) the plant and equipment used during the diving operation is in good working order and maintained in a safe working condition and that records of maintenance are kept,
(d) the plant and equipment has been subjected to inspections, examinations and tests in accordance with any relevant statutory provisions and manufacturers’ specifications,
(e) any inspections, examinations and tests under subparagraph (d) are carried out by, or under the close supervision of a competent person, and
(f) the results of any inspections, examinations or tests under paragraph (d) are recorded in writing and kept in accordance with the requirements of Regulation 30 of the General Application Regulations.
Diving Project Plan
10. (1) A diving contractor shall prepare a plan in writing before the commencement of the first diving operation of the diving project (in these Regulations referred to as a “diving project plan”).
(2) The diving contractor shall ensure that the diving project plan—
(a) includes an assessment of the risks to the safety, health and welfare of any person taking part in the diving project,
(b) includes such information and instructions to the divers or other persons taking part in, or associated with the diving project as is necessary having regard to the risks in subparagraph (a),
(c) identifies each diving operation in the diving project and the nature and size of each diving operation is such that it can be safely supervised by one person at any one time, and
(d) takes account of any relevant code of practice.
(3) A person shall comply with any instructions applicable to him or her in the diving project plan during the course of a diving project.
(4) The diving project plan shall be regarded as, and form part of, the safety statement.
Diving Operation Record
11. (1) A diving contractor shall ensure that a record in writing is kept of the diving operation containing the particulars as set out in Schedule 1 (in these Regulations referred to as a “diving operation record”).
(2) A diving supervisor shall enter all relevant details of the diving operation which he or she is supervising in the diving operation record.
(3) The diving operation record shall be retained by the diving contractor for a period of 2 years from the date of the last entry in that record.
Compressed Air
12. (1) A diving contractor shall not permit a diver engaged in a diving operation to use compressed air at a pressure which exceeds the pressure of water at a depth of 50 metres and greater—
(a) as a breathing gas, or
(b) to raise the internal pressure of any compression chamber, other than for the purpose of—
(i) any tests required under Regulation 9, or
(ii) therapeutic recompression.
(2) A diving contractor shall ensure that a sufficient reserve of air is provided to allow the diver to reach the surface safely, completing any necessary in-water decompression in the event of the compressor failing, where compressed air is used and the plant or equipment used during the course of the diving operation includes an air pipeline into which air is supplied from above water.
(3) A diving contractor shall not provide, or permit to be used in a diving operation, any diving equipment for supplying breathing gas which cannot provide breathing gas at a rate adequate to sustain prolonged vigorous physical exertion at any ambient pressure that might be experienced by the diver during the diving operation.
(4) In this Regulation, “compressed air” means air compressed above atmospheric pressure, measured in millibars.
Emergency and First-Aid Arrangements
13. (1) Before commencing a diving operation, the diving contractor shall make adequate emergency arrangements so that—
(a) emergency services are readily accessible at the site of the dive in the event of an emergency which threatens the safety, health or welfare of any diver, and
(b) a diver can be transported to the nearest available compression chamber for treatment if required.
(2) The emergency arrangements referred to in paragraph (1) shall include medical and diving personnel, medical and diving equipment and all other necessary supplies.
(3) A diving contractor shall ensure that first aid equipment is provided and appropriately positioned at the site of the dive.
Part 5
Duties of Diving Supervisor
Duties of Diving Supervisor
14. (1) A diving supervisor appointed under Regulation 7(5) shall supervise a diving operation.
(2) Only one diving supervisor shall supervise a diving operation at any one time.
(3) A diving supervisor shall ensure that a diving operation for which he or she is appointed as diving supervisor is carried out—
(a) without risk to the safety, health and welfare of those taking part in that operation and other persons who may be affected by it,
(b) in accordance with the requirements and prohibitions imposed on him or her under any relevant statutory provisions, and
(c) where it would not conflict with paragraph (a) or (b), in accordance with the diving project plan.
(4) A diving supervisor shall not dive during a diving operation for which he or she is appointed as diving supervisor except where—
(a) the dive takes place in a tank or pool artificially constructed for the purpose of swimming or diving and the divers taking part in the dive only use self-contained underwater breathing apparatus, or
(b) the diving is being supervised by another diving supervisor at that time, wherein more than one diving supervisor is appointed to that diving operation.
(5) A diving supervisor shall not permit any diver to take part in a diving operation if, in the opinion of the diving supervisor, that diver is not fit and competent to dive.
(6) A diving supervisor shall ensure that the contents of the diving project plan which relate to the diving operation for which he or she is diving supervisor have been brought to the attention of all those taking part in that operation before its commencement.
Duties of diving supervisor regarding plant and equipment
15. A diving supervisor shall—
(a) ensure that all plant and equipment has undergone inspections, examinations and tests in accordance with Regulation 9(d),
(b) secure all plant and equipment (other than plant and equipment intended to be mobile) firmly in place during the course of the diving operation,
(c) ensure that all plant and equipment (unless actually in use by a diver engaged in the diving operation) is, during the course of the diving operation, kept readily available for use either—
(i) at the site from which the diving operation is, or is to be carried on, or
(ii) below water with any submersible compression chamber being used in the diving operation or with the diver engaged in the diving operation, and
(d) ensure that, where used, the air inlet for any compressor is situated outside any area where dangerous gases are, or may be, present.
Breathing Gas
16. (1) A diving supervisor shall not allow a diving operation to take place unless—
(a) an adequate quantity of breathing gas and suitable plant and equipment for supplying the gas to any diver is available for use by any diver engaged in the operation,
(b) an adequate independent alternative source of breathing gas, together with any necessary plant and equipment, is readily available for immediate use in the event of failure of the primary supply,
(c) an adequate reserve supply of breathing gas together with any necessary plant and equipment is kept at a place above water from which the operations are carried out where breathing gas is supplied by a compressor and airline in the event of the compressor failing, and
(d) where a submersible compression chamber is being used in a diving operation, a reserve supply of breathing gas, together with any necessary plant and equipment, is also kept in, or attached to, the submersible compression chamber and is readily available for immediate use in the event of an emergency such as failure of surface supplies, by divers associated with, whether located inside or outside, the submersible compression chamber.
(2) The diving supervisor shall ensure that the total quantity of breathing gas supplied under this Regulation for the use of a diver shall be sufficient to enable a standby diver to reach the diver if the diver is underwater and then to enable both the standby diver and that diver either—
(a) to return to the surface and to carry out the appropriate decompression procedures during the return, or
(b) where a submersible compression chamber is being used in the diving operation, to return to that chamber and then to surface in that chamber and to start the appropriate decompression procedures at the surface.
(3) The diving supervisor shall ensure that emergency supplies of appropriate breathing gas to be held on a submersible compression chamber shall be such as can support at least 3 divers for a period that is not less than 24 hours.
Part 6
Duties of Divers
Duties of Divers
17. (1) A diver shall not dive in a diving project unless he or she—
(a) subject to paragraph (2), is fit to do so and has a valid certificate of medical fitness to dive in accordance with Regulation 19, and
(b) is a competent person to undertake the dive and engage in any activity that he or she may reasonably be expected to carry out while taking part in the diving project.
(2) Paragraph (1)(a) shall not apply to a person entering a compression chamber on the surface in order to provide emergency medical treatment.
(3) Paragraph (1)(b) shall not apply to a diver—
(a) who dives in the course of training which if successfully completed, would lead to the granting of a qualification in a method of diving, or
(b) who is competent to dive but is being trained in relation to any activity that he or she may reasonably be expected to carry out while taking part in the diving project under the direct supervision of a competent person.
(4) A diver shall not take part in a diving project if unfit to do so and should immediately inform the diving supervisor should he or she become unfit to dive during a diving project.
Log-Book
18. (1) A diver shall maintain a diver’s personal log-book in his or her name on each and every day on which he or she dives in a diving project and shall record the particulars specified in Schedule 2 in the log-book.
(2) The log-book referred to in paragraph (1) shall be maintained by a diver for a period of 2 years from the date of the last entry.
Part 7
Medical Examiners and Fitness to Dive
Certificate of fitness
19. (1) A certificate of medical fitness to dive is a certificate from a medical examiner of divers that he or she considers the person named in the certificate to be fit to dive.
(2) A certificate referred to in paragraph (1)—
(a) shall state the period (not exceeding a period of 12 months duration) that the medical examiner of divers considers the person will remain fit to dive, and
(b) may be issued subject to conditions or limitations as to the nature or method of diving that may be undertaken by the person to which the certificate relates.
(3) Where such a certificate is issued subject to conditions under paragraph (2)(b), it shall not be valid for a diving operation other than diving operations for which the conditions are satisfied.
(4) In this Regulation, “medical examiner of divers” means a person who is a registered medical practitioner approved by the Authority to issue a certificate of medical fitness to dive.
Part 8
Revocation and Transitional Matters
Revocation
20. The Safety in Industry (Diving Operations) Regulations 1981 ( S.I. No. 422 of 1981 ) are revoked.
Transitional matters
21. Notwithstanding the revocation of the Safety in Industry (Diving Operations) Regulations 1981 ( S.I. No. 422 of 1981 ) in Regulation 20, where a certificate has been granted under Regulation 12 of those Regulations and the certificate has not expired prior to the coming into operation of these Regulations, then on that coming into operation that certificate shall continue to apply in respect of any requirements under Regulation 19 until the expiration of the period relating to the certificate.
SCHEDULE 1
Regulation 11(1)
Required Particulars for Diving Operation Records
The following required particulars are to be included in the diving operation record for all diving projects
1. Name, business address, e-mail address and telephone number(s) of the client.
2. Name, business address, e-mail address and telephone number(s) of the diving contractor.
3. The date and time to which the entry relates or the dates and times during which the diving operation was carried on.
4. Name of the diving supervisor or supervisors and the times and dates for which he or she is acting in that capacity in respect of that diving operation. (An entry must be completed daily by each diving supervisor for each diving operation).
5. Location of the diving operation, including as appropriate the name or other designation of any craft, vessel, work site or installation from which diving is taking place.
6. Names and respective duties of the divers and other persons taking part in the diving operation including names of personnel operating any diving plant or equipment.
7. Purpose or nature of the diving operation.
8. Breathing apparatus and breathing gas used by each diver in the diving operation.
9. The time at which each diver left atmospheric pressure and returns to atmospheric pressure and their bottom time.
10. Maximum depth which each diver reached.
11. Procedures followed in the course of the diving operation including as appropriate, details of the decompression schedule including details of the pressures (or depths) and the duration of time spent by divers at those pressures (or depths) during decompression.
12. Emergency support and first aid arrangements.
13. Particulars of any emergency or incident which occurred during the diving operation, including any action taken and details of any decompression sickness, illness, discomfort or injury suffered by any of the divers and the treatment given.
14. Details of the pre-dive inspection of all plant and equipment being used in the diving operation. Confirmation that all equipment used has been checked immediately prior to the dive and conforms to the maintenance schedule.
15. Any defect discovered or recorded in the functioning of any plant or equipment used in the diving operation.
16. Particulars of any relevant environmental conditions or factors affecting the diving operation.
17. Any other factors likely to affect the safety or health of any persons engaged in the operation.
18. Any relevant code of practice that applies to the diving operation.
19. Name and signature of the diving supervisor completing the record.
20. Affix company stamp (if appropriate).
SCHEDULE 2
Regulation 18(1)
Required Particulars for the Diver’s Personal Log — Book
1. Name and address of the diver. (Names and addresses should be printed and in block capitals.)
2. Signature of the diver and a verified photograph of the diver.
3. Date to which entry relates.
4. Name and address of the diving contractor.
5. Name and signature of the diving supervisor(s) for that dive.
6. Location of the diving project, including the name of any vessel or installation from which diving is taking place.
7. Dive number and running total of dive time.
8. The maximum depth reached on each occasion.
9. The time on each occasion that the diver leaves the surface, the bottom time and the time the diver reached the surface.
10. Where the dive includes time spent in a compression chamber, details of any time spent outside the chamber at a different pressure.
11. Breathing apparatus and breathing gas used by the diver.
12. Any decompression schedules followed by the diver on each occasion.
13. Any work done by the diver on each occasion, and the plant (including any tools) used in that work.
14. Any episode of barotrauma, discomfort or injury suffered by the diver including details of any decompression illness and the treatment given.
15. Any emergency or incident which occurred during the diving operation.
16. Any other factor relevant to the diver’s health or safety.
17. Affix company stamp (where appropriate) after the record has been signed by the diver and diving supervisor(s).
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GIVEN under my hand,
12 July 2018.
PAT BREEN,
Minister of State at the Department of Business, Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of the Regulations is to protect the safety, health and welfare of all personnel involved in carrying out diving operations in the course of their work.
The Regulations outline a clear framework of responsibilities and specify duty holders and the specific duties of those persons engaged in the diving project e.g. clients, diving supervisor, diving contractor, divers and other persons.
The Regulations put in place relevant, updated, streamlined and clearer safety, health and welfare provisions for all those diving at work. They expand on and replace the existing legislation and now apply to any diving project in which a person who dives is at work.
The Safety in Industry (Diving Operations) Regulations, 1981 ( S.I. No. 422 of 1981 ) are revoked.
The Regulations come into operation from 1 May 2019.
S.I. No. 180/2019 –
Safety, Health and Welfare at Work (Diving) (Amendment) Regulations 2019
“Iris Oifigiúil” of 30th April, 2019.
I, PAT BREEN, Minister of State at the Department of Business, Enterprise, and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 364 of 2017)) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 (S.I. No. 569 of 2017), and after consultation with the Health and Safety Authority, hereby make the following regulations:
1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Diving) (Amendment) Regulations 2019.
(2) The Principal Regulations and these Regulations may be cited together as the Safety, Health and Welfare at Work (Diving) Regulations 2018 and 2019.
2. These Regulations come into operation on 1 May 2019.
3. In these Regulations “Principal Regulations” means the Safety, Health and Welfare at Work (Diving) Regulations 2018 (No. 254 of 2018).
4. Regulation 19 of the Principal Regulations is amended by inserting after paragraph (3) the following paragraph:
“(3A) Where a diver has a current and valid certificate to the effect that he or she is medically fit to dive, which was obtained in another jurisdiction, such certificate shall be deemed to be a certificate referred to in paragraph (1) if the Authority has an agreement in place in relation to the recognition of certificates issued in that jurisdiction and the certificate is in accordance with that agreement.”.
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GIVEN under my hand,
28 April 2019.
PAT BREEN,
Minister of State at the Department of Business, Enterprise, and Innovation
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to amend the Safety, Health and Welfare at Work (Diving) Regulations 2018 (S.I. No. 254 of 2018) by inserting an additional provision to Regulation 19.
The additional provision to Regulation 19 will allow for the recognition of certificates of fitness to dive issued outside the State to be recognised by the Health and Safety Authority as meeting the requirements of the Safety, Health and Welfare at Work (Diving) Regulations 2018 (S.I. No. 254 of 2018) provided the Health and Safety Authority has entered into an agreement with the relevant authorities of the jurisdiction involved.