Canadian Association of Diving Contractors

As this is being written (Oct 2020) , we have entered the second wave of the COVID-19 pandemic. Our industry—the provision of commercial underwater servicing—has been deemed an essential service in nearly all jurisdictions across North America. We are in the middle of it. We are on the front lines.

From diver training and certification, to the working diver on the end of the hose, all sectors and phases in our industry have met their challenges—and they’ve innovated in several ways to survive and thrive through this pandemic.

Diver training was immediately impacted, as all schools were ordered to shut down. The halt included dive schools, both private and publicly owned. Some of the private diving schools weren’t prepared for online leaning. It was new to them. And—unlike the publicly owned schools—they, in some cases, didn’t have the resources or infrastructure to teach online. Publicly owned schools were “shackled” by government mandates—and the bureaucracy that come with those mandates.

However, both types of schools pivoted, adapting and innovating as the situation unfolded across the country. Read Dealing with Dive School Closures During Quarantine on page 23 to learn more about the challenges dive schools faced and to see what they did about it. Divers are resourceful.

Diver certification organizations such as the Diver Certification Board of Canada had to dig deep to ensure schools were teaching to meet certification to CSA Diver Competency Standard Z275.4. Flip to page 27 to read The Impact of COVID-19: Changes in Process & Allowances for Certification, Training & Logbooks, which looks at the challenges they faced regarding certification.

On the actual operations front, dive service companies—deemed essential services—had to quickly adapt their operations to comply with COVID-19 health and safety protocol mandated by various provincial and federal jurisdictions. In some cases, jurisdictions imposed travel restrictions regionally and interprovincially in an attempt to curtail the spread of the disease. Travel between some provinces became restrictive. The “Atlantic Bubble,” consisting of the provinces of New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland & Labrador, formed quickly to limit outside access to their combined borders. Quebec set up roadblocks to limit ground access from Ontario. Read about the challenges faced by dive service providers, and how they addressed those challenges, in Problems & Solutions: The Challenges of Operating in a COVID-19 Environment on page 16.

Our member spotlight in this issue shines on Canada Pump & Power, which offers its clients superb planning, technical knowledge and quality solutions to stringent international standards. Turn to page 29 to learn more about the company and why they value their CADC membership.

On page 31, photos of our members at work show, among day to day operations, the interesting, new ways of working to comply with COVID-19 restrictions and safety protocols.

Despite the sometimes almost-insurmountable challenges and economic impacts the coronavirus has had on our country and around the world, one thing is certain. Our industry is attuned to working in a hostile environment. It is what we do, and what we will continue to do. It’s what we’ve always done. Survey the situation. Make a plan. Suit up—and get after it.

Failure is not something divers tolerate well—nor does the client. Get the job done, and get it done safely. Our challenge has always been to figure it out. There is no other option.

And while we do our jobs, others are hard at it, too. Health professionals are hard at work and vaccines are on the way. Everyone has to job to do and everyone has an obligation to do their part to make it all work. Be safe. Stay safe. We’ve got this.

READ THE ONLINE VERSION OF THE MAGAZINE: https://tinyurl.com/CADC-MAG-WINTER-2020

DOWNLOAD: https://tinyurl.com/CADC-MAG-WINTER-20-21-DOWNLOAD

The health of our divers and support personnel has never been more important than it is now, during the COVID-19 pandemic. We know that “hot-swapping” of diving equipment is a common, and often necessary, practice used on a dive site. We also know that, unless appropriate proactive measures are taken, we run a real risk of compromising the health of our team members and jeopardizing the completion of the job.

Here are some practical guidelines and instructions for ensuring risks to health are not only reduced but also eliminated. This information has been collated from various equipment manufacturers and applies to all underwater breathing apparatus. First, a couple of common questions and answers.

Q: What do we mean by “cleaning” and “sanitization”?

A: “Cleaning” cares for dive equipment and helps to keep the equipment serviceable. Cleaning is the pre-cursor or foundation to “sanitization” that protects the health of our team members. Clean first, then sanitize!

Q: What is the difference between “sanitization” and “disinfection”?

A: Technically-speaking, “sanitization” reduces contamination to a safe level, while “disinfection” kills everything on a particular surface. In diving, we use the term “sanitization” to describe a less harsh process of disinfection, since we are also concerned about any process that could damage or degrade the dive equipment itself.

The COVID-19 threat

According to the Government of Canada COVID-19 website, current evidence suggests person-to-person spread is efficient when there is close contact. Viruses like COVID-19 are commonly spread from an infected person through:

• Respiratory droplets generated when you cough or sneeze;
• Close, prolonged personal contact such as touching or shaking hands; and / or
• Touching something with the virus on it, and then touching your mouth, nose, or eyes.

The best option is personal dive equipment

The best option is to have your own equipment, whether it’s a helmet or full facemask (FFM), that is only used by you. If this is not possible—for example, when using employer-provided equipment—then, having specific personal items such as your own helmet liner, oral-nasal and nose blocker is common sense and promotes good hygiene. Always remember to clean and sanitize these personal items periodically to protect yourself against other health hazards.

Three-step procedure for cleaning dive equipment in the field

1. Clean external surfaces with warm, soapy water and scrub with a soft, nylon-bristle brush, if needed.

1. Soapy water is defined as “household” grade liquid dishwashing detergent diluted in warm water.
2. Dishwashing detergent (i.e., soap) helps break down viruses like COVID-19, which protect themselves with an oily, lipid

1. Rinse thoroughly with fresh water.
2. Leave to air dry naturally (smaller items can be blown dry using diving grade LP compressed air).

Sanitization procedure

Always check that your chosen sanitizing agent is effective against the particular threat—in this case, COVID-19.

Q: Is mouthwash suitable for use as a sanitizing agent?

A: No. The product may be effective against germs (primarily, bacteria) that cause plaque, gingivitis, and bad breath, but, in general, anti-bacterial and chlorhexidine mouthwashes or sprays are ineffective as sanitizing agents for dive equipment.

Q: What sanitizing agent should I use?

A: For diving purposes, the sanitizing product needs to be a broad-spectrum agent that is effective against the threats of fungus, tuberculosis, bacteria and viruses. It must also be compatible with dive equipment and be easy to use.

The foundational study and reference on this subject is the Defence Research & Development Canada (DRDC) report, A Literature Review of Disinfectants: Effects When Used by CF Divers in Cleaning Rebreather Sets.1 The information contained in this public-access document (simply Google it) is still valid today and the outcome was the adoption of Virkon S (or Virkon) for sanitization of dive equipment by the Canadian Armed Forces. There is extensive experience in Canada with Virkon, and the product is now the standard for use on all dive equipment with many other organizations and companies across Canada. Kirby Morgan has also published an online technical bulletin with advice on cleaning and sanitizing KM helmets, bandmasks, and FFM (Bulletin #3 of 2020).

There are numerous other sanitizing agents available, some of which are endorsed by manufacturers for use with breathing apparatus. For instance, Health Canada publishes an online list of hard-surface disinfectants that are “likely to be effective for use against COVID-19” (https://www.canada.ca/en/healthcanada/services/drugs-health-products/disinfectants/covid-19.html). However, beware: not all are suitable for use with underwater breathing apparatus. Due diligence is required, since the responsibility for using any sanitizing agent or disinfectant lies with the user / employer. It’s strongly recommended performance is monitored, including any potential adverse effects on equipment.

Correct dilution and adherence to contact (dwell) times are essential: always follow the instructions on the label! For example, Virkon uses a one per cent dilution strength and a recommended contact time of 10 minutes, followed by thorough fresh-water rinsing. Practical experience has proven that, with proper planning and drills, this can be achieved easily between dives and at the beginning and end of the diving day.

Maintaining the health of our dive team members is important to everyone—proper cleaning and sanitization will help. Stay clean, stay sanitized, stay healthy!

Jonathan Chapple is a former UK Royal Navy clearance diving officer and the vice-president of Aqua-Lung Canada Ltd. He is a qualified technical instructor for all major brands of Diving Life Support Equipment. He was the leader of the CSA Z275.2 working group on contaminated water diving.

Reprint from Spring Summer CADC Magazine 2020

This year, 2020 marks the 50^th anniversary of national health and safety standards for occupational diving and hyperbaric facilities in Canada. Let’s dive into the story behind the six standards in place today.

Following inquiries into several fatalities and serious accidents in the late 1960s, a decision was made by the diving industry and federal / provincial regulatory authorities to develop the first nationwide safety standard for occupational divers. In parallel with this effort, a decision was made to begin work on a standard for hyperbaric facilities that supported occupational diving in many locations across the country. The federal government (Labour Canada) asked the Department of National Defence to lend its expertise to these projects. Together, the early supporters of this proposal approached the Canadian Standards Association to undertake these projects using its consensus process for gaining agreement among all stakeholders. The CSA readily agreed to these laudable projects and quickly formed two committees—one to develop a standard for hyperbaric facilities, and the other to develop a safety code for diving operations. These became CSA Z275.1 and Z275.2, respectively.

In those early years, gaining consensus of diverse stakeholders across the country wasn’t easy. And not everyone was enamoured with the idea of creating national standards. Some were quite suspicious that safety standards would be used as a club to force changes to the industry, while others saw it as a potential threat to their professional livelihood. Organizing meetings and corresponding by mail also posed challenges to the progress of work by those pioneers.

In fact, the time required to convince most diving professionals that standards were needed, plus the time it took to obtain agreement on the contents of those first editions, resulted in the standards taking four years to complete and publish. But once they were released in 1974, they became the backbone to professional underwater work in Canada. (ED NOTE: Several CADC members were on those original committees. Doug Elsey / Bob Landry / Phil Nuytten. CADC has had active involvement in the development of dive standards in Canada)

As these two initial standards came into greater use in various types of underwater work, others took notice of their success. In 1973, work began on a safety standard for caisson work and for work in pressurized tunnels. This new standard’s work took advantage of the decompression tables that had been developed by the Defence and Civil Institute of Environmental Medicine (DCIEM, now the DRDC) by adapting them for terrestrial work in pressurized-air environments. That standard became the Safety Code for Construction Work in Compressed Air (CSA Z275.3).

Later editions of the Safety Code for Diving Operations (CSA Z275.2) identified the need for ways to assess the competencies of divers and dive support personnel. The need was especially great among the offshore petroleum sector, but it was also felt among divers in the construction sector and those performing infrastructure maintenance.

In the mid-1990s, this need spurred the development of the Competency Standard for Diving Operations (CSA Z275.4). Initially, this standard was used by the National Energy Board for certifying divers for the offshore sector and by diving contractors for assessment of new candidates seeking work as divers, tenders, or supervisors. Soon after the turn of the century, the CSA Diving Competency Standard received a large boost, when it became the basis for the newly-formed Canadian diver certification system (administered by the Diver Certification Board of Canada (DCBC)). In 2002, and then again in 2012, the scope of CSA Z275.4 was expanded. In its present form, the Competency Standard covers 32 categories of professionals associated with the diving sector, including divers, diving support personnel, hyperbaric chamber staff, and ROV operators.

But the CSA Technical Committee didn’t stop there. It went on to establish a national standard on occupational diving training in 2005 (CSA Z275.5) and a diving standard specifically designed for work with unexploded ordinance and munitions (CSA Z275.6) in 2011. The training standard is now used for the evaluation of training programs offered by colleges and training institutions throughout North America. The UXO, Munitions & Police Explosive Diving Standard is used by the Department of National Defence, police services, and other security services for assessing risk and underwater work in the vicinity of potential explosive threats.

We tip our hats in remembrance of those who bravely stepped forward 50 years ago to fight for safety throughout the occupational diving sector. Because of their conviction, and because they believed the common good of professional diving across Canada would overcome the finger-pointing of political inquiries, they were able to establish a lasting safety legacy. We should be proud of these Canadian standards and hold them high for the world to see and emulate.

Because of the experts and passionate safety advocates who serve on the CSA Z275 Technical Committees today, we can be confident in both the acceptance and the quality of these standards that are referenced in all Canadian jurisdictions.

Thank you to the members of the Canadian Association of Diving Contractors for 50 years of diving safety standards.

By Dave Shanahan was WPS Standards project manager at CSA Group. He worked at CSA Group for over 20 year before he retired in June 2020.

This issue of CADC Magazine has been a “stop the presses” moment. All planning for the publication—and our lives—ground to a halt with the COVID-19 pandemic.

Articles ready for publishing went to the cutting room floor, held for a future edition. Getting appropriate information to our diving industry was top priority. To this end, we’re providing guidelines for working in a COVID-19 environment.

Diving services have been deemed essential in many countries. Among other things, we repair and maintain infrastructure for water supplies to cities and towns, maintain fisheries, and repair and inspect dams, piers, and bridges. We do the same offshore, repairing or maintaining structures for oil and gas.
Essentially, COVID-19 is a respiratory disease. Divers normally swap helmets and life support gear continuously, working in tight quarters. If you are exposed to and contract the disease, it could cause permanent lung damage, which affects breathing and gas transport and leads to problems in normal diving operations (decompression complications, etc.).

Translation: Even if one had it and survived, contracting COVID-19 could be career-ending. This is very serious.

This issue addresses the concerns of operating in this environment. At the time of publication (mid-to-late-May), operations are ramping up, as vital infrastructure repairs and maintenance projects begin.

Dive companies, some deemed “essential” in many jurisdictions, are working through the pandemic. Others, idle as distancing regulations were enforced, are now returning to a new, uncharted hazard. Namely, possible exposure to, or transmission of, COVID-19. Dive schools are adjusting teaching methods and course content, acknowledging that, for now, operations in a COVID-19 environment is a new normal.

On page 14, our lead article answers some of the frequently asked questions and provides guidelines for diving operations in a COVID-19 environment by linking to current information and advice from experts.

The pandemic has also impacted the Diver Certification Board of Canada (DCBC) and diving personnel: the inability of divers and supervisors to qualify to renew their certificates; the necessity for dive schools to cease operations until governments allowed them to re-open; cancelling the Canadian Underwater Conference and Exhibition. Flip to page 17 to read how David Parkes, CEO of the DCBC, explains the situation and how it affects you.

The health of our divers and support personnel has never been more important. We know “hot-swapping” diving equipment is common and often necessary. We also know that, unless appropriate proactive measures are taken, we run a serious risk of compromising the health of our team and jeopardizing the job. On page 20, Jonathan Chapple, vice-president of Aqua-Lung Canada Ltd., offers guidance collated from various equipment manufacturers for ensuring health risks are reduced and, hopefully, eliminated.

In this hazardous world of COVID-19 exposure, it’s critical to recognize employing an underwater contractor who’s ignorant of current safety standards and regulations can expose the employer to serious (and expensive) civil and criminal liability. Bill C-45 of the Criminal Code of Canada states it’s the legal duty of employers and those directing work to take reasonable measures to protect employee and public safety. If this duty is disregarded and bodily harm or death results, an organization could be charged with criminal negligence. Is this a risk you want to take? Learn more in the article by the Canadian Association of Diving Contractors on page 28.

On September 5, 1942, the German submarine U-513 rose from the depths of Conception Bay, Newfoundland, near Bell Island. Suddenly, the S.S. Saganaga and S.S. Lord Strathcona were struck by torpedoes, succumbing to the immense damage and sinking to their final resting place. Two months later, a second German submarine, U-518, entered the same anchorage to conduct a second attack. The first shot missed, detonating against the Scotia Pier. Without delay, U-518 fired upon the S.S. Rose Castle, who layed at anchor; the vessel was lost. All ordnance remained on the bottom for seven decades. Now, these steel giants are beginning to submit to the power of the sea, raising concerns for the safety of local divers. On page 23, Master Seaman Barry Macleod, Canadian Armed Forces, explores the national campaign to clear unexploded ordnance from these wrecks.

In January 2020, major changes came to the CSA Z275.2 Diving Operations Standard. The most contentious update now focuses on the requirement for a minimum four-person crew on all dive operations, including SCUBA. The crew is to consist of four competent individuals: supervisor, diver, standby diver, and tender. The updates came into effect on January 1, 2020. On page 26, Dave Shanahan of the CSA gives us a 50-year history of the development of our world-recognized Z275 dive standards.

Whether it’s heavy marine contracting, diving, salvage and environmental response, design, transportation, project management, or general contracting, CADC member Galcon Marine Ltd. is an industry leader in surface and subsurface marine construction. The profile by Dave Gallagher on page 30 looks at a project Galcon did for the City of Toronto to remove zebra mussels from a pipeline that went into 240 feet of water.

We now live and work in a changed environment. Our industry, our profession-of-choice, is about working and surviving in hostile environments—working on, and beneath, the water’s surface. To do that, we learn to adapt, to innovate. It’s what we do. Stay safe!

DOWNLOAD THE PDF VERSION (HYPERLINKED) – CADC MAG SUMMER 2020 Hyperlinked SM

VIEW ONLINE – VIEW MAGAZINE ONLINE

These are links to articles and advisories on the effects of the COVID-19 virus issue pertinent to our Diving Industry. They will be updated continuously as we find more. These are posted only as a guideline and as an aid to distribute pertinent and relevant information. We cannot sift through what is true and frankly, what isn’t. There is a  lot of information out there. It is up to the reader to check the accuracy of the posts for themselves.

IMPORTANT: Social media is not always a reliable source of information but can be a helpful resource to connect us all during times of crisis.  Consider following the most up-to-date information on COVID-19 from the CDC at https://www.cdc.gov/coronavirus/2019-ncov/index.html

COVID-19 and OCCUPATIONAL DIVING LINKS

Should you have any additional information links we should be aware of, please send them to delsey@cadc.ca for inclusion on our links page.
Be safe. Stay healthy. We wish you, your family and your personnel well in this difficult time. Encourage others. And be kind.
We’re divers. Lets get through this.

Best Regards,

Doug Elsey, P.Eng.

CADC Executive Director
Canadian Association of Diving Contractors

Phone: 1.905.542.7410 Email: Delsey@CADC.CA

(Reprint: CADC MAG WINTER 2019-20)

At the time of publication, the winter diving season is well underway and, as we know, the weather conditions in Canada make it one of the more challenging places in the world to dive. The harsh environment takes its toll on personnel and equipment and so the importance of equipment maintenance and serviceability is greater than ever.

CSA standard Z275.2, Occupational safety code for diving operations, requires that a “procedure shall be in place that will provide systematic and effective maintenance of diving systems”. Among other requirements the procedure must include “manufacturers’ recommendations and manuals, where appropriate”. A similar requirement for planned maintenance is present in all diving safety codes.

The requirement for planned – or preventive – maintenance should be self-explanatory. Basically, equipment that is correctly and regularly maintained will perform better and remain serviceable for longer than the opposite approach. Planned maintenance identifies and resolves potential issues proactively before they become problems or incidents that require reaction and unplanned down-time. As the proverb says, “an ounce of prevention is worth a pound of cure”.

All diving equipment maintenance is based on manufacturer’s requirements. Historically diving equipment manufacturers use a calendar-based (e.g. annual) system as it is not only straightforward to implement but also far simpler to remember! There have been attempts to use more complex usage-based (e.g. hours) systems but each time the discussion reverts to annual overhauls for all dive equipment. We have also learned that, despite what individuals may think, the manufacturer does know best when it comes to maintaining equipment. It is a bold individual who decides to ignore the manufacturer’s requirements…

We tend to think of dive equipment as breathing apparatus only but far more falls into the category. We must not forget harnesses, BCDs, drysuits – all dive equipment requires care and maintenance.

I often highlight the terminology that we use in our industry. My preference is to use the description “Diving Life Support Equipment”. This encourages better care of the kit and highlights what we expect it to do as well as promoting a safety culture. It can also help with obtaining money for equipment maintenance. In this regard we can learn from the aviation industry where the term “Aviation Life Support Equipment” is used extensively and recognized as essential to the well-being of personnel and to successful completion of the job.

Many military and professional organizations, including commercial diving contractors and public service diving teams, have a policy of training their own employees as dive equipment technicians. This qualifies the individual as a “Competent Person” as defined and required by numerous regulations and standards. Training the end-user provides flexibility, allows for proper planning and reduces time without equipment. It is also true that technical know-how makes a diver more knowledgeable about the equipment and able to recognize the early warning signs of a problem.

Manufacturer-approved technical training courses for dive equipment have been available in Canada for many years. We recognized from the outset that training must be practical in order to develop muscle memory. This is best achieved by attendees bringing their own equipment in order for a full overhaul to be completed during the class. So always check that a class involves comprehensive hands-on training instead of just “death by PowerPoint”! We also strongly recommend that first time technicians complete a full equipment overhaul soon after completion of the course in order to reinforce their newly-acquired skills. Periodic recertification is necessary: technical skills do fade and even diving equipment changes over the years.

Value of money is always an important consideration. The cost of attending a training class (with annual overhaul included) should be weighed against being able to do your own equipment maintenance (for the validity of the technician’s certificate, from 3 to 5 years) and other benefits of keeping control of your own equipment.

Today all maintenance is laid down in manufacturers’ technical manuals/checklists and must be conducted by trained (i.e. qualified) technicians. The positive effect on diver safety is obvious. It is also important for technicians to have current “in-date” certificates in order to ensure that individuals retain their knowledge and skills. Remember too that in-date certification ensures that work on diving equipment is legal and valid in eyes of the authority having jurisdiction.

The regulation and standardization of diving operations has improved dramatically from what was accepted in the past. Maintenance and technical training is no exception. Proper use and regular maintenance of dive equipment by trained technicians increases safety and prevents unplanned down-time.

Jonathan Chapple is a former UK Royal Navy clearance diving officer and the Vice-President of Aqua-Lung Canada Ltd. He is a qualified technical instructor – with in-date certification – for all Kirby Morgan, Interspiro, Apeks and Aqua-Lung Diving Life Support Equipment.

With the new release of Z275.2-20 (Diving Operations) in effect Jan 2020, the Canadian Standards emphasizes the default use of a minimum four-person crew to be required on all occupational diving operations – with only rare exceptions possibly allowed under a completed onsite risk assessment. The key to crew size is the this completed onsite risk assessment.

SURFACE SUPPLIED DIVING MINIMUM CREW REQUIREMENTS

For all surface supplied diving operations, the requirements in the standard states:

8.2.1 Minimum crew (SURFACE SUPPLIED DIVING)

For each surface-supplied diving operation, a minimum dive team of four shall be present in the following capacities:

1. a) two crew members shall be divers, one of whom shall act as a standby diver.
2. b) one crew member shall be a diver’s tender: and
3. c) one crew member shall be the diving supervisor.

Again – as in any diving operation – the minimum crew size would be determined by an onsite risk assessment / Job Safety Analysis (JSA). The minimum crew default is four competent personnel to be onsite and present during the operation.

SCUBA DIVING MINIUMUM CREW REQUIREMENTS

A SCUBA diving operation in an occupational diving environment is prohibited under the following conditions:

SCUBA diving operations CANNOT be used in operations that include.

• Offshore Oil and Gas diving operations.
• Diving Operations involving underwater intakes, and/or entry into pipes or other penetration diving or closed space.
• SCUBA shall not be used for diving operations that involve
  • a) welding.
  • b) burning/cutting;
  • c) high-pressure jetting.
  • d) hoisting
  • e) dredging.
  • f) the use of power tools.
  • g) planned diving beyond the no-decompression limit;
  • h) diving in a contaminated environment (with an exception of diving in Category 3 where the use of SCUBA is permitted in specific conditions and subject to minimum requirements for diver’s dress and equipment as identified in the standard) NOTE: Five person crew is the minimum in a contaminated environment)
  • i) the use or handling of explosives [with the exception of the clearance/remediation of unexploded explosive ordnance (UXO), provided that a hazard assessment has determined that the use of surface supply diving techniques and equipment would lead to an increased risk and specific tasks associated with police diving or improvised explosive devices (IEDs)]. For UXO and police diving operations, see CSA Z275.6.
• water depths in excess of 30 m (99ft) except in an emergency.

If the diving operation does NOT include any of the above noted restrictions, then SCUBA can be used and the minimum crew requirement in the standard will be as follows:

7.5 4 Minimum crew (SCUBA DIVING OPERATIONS)

7.5.1
For each SCUBA diving operation, a minimum dive team of four shall be present in the following capacities (see exceptions specified in Clause 7.5.2)

1. a) two crew members shall be divers, one of whom shall act as a standby diver;
2. b) one crew member shall be a diver’s tender; and
3. c) one crew member shall be the diving supervisor.

A 4-person crew shall only be used where an on-site completed risk assessment indicates that any known hazards will not impact the safe use of a 4-person crew.

The rare exception in to consider reduction of the crew size and NOT using the default 4-person crew is as follows:

7.5.2

For each SCUBA diving operation, a minimum crew of three workers may be present on each dive site under the following conditions

1. a) on which diving will not exceed 18 m (60 ft) in depth;
2. b) on which diving will remain within the no-decompression limit;
3. c) on which diving will be conducted in a location where it is known that no hazard of entrapment exists; and
4. d) where an on-site completed risk assessment indicates that any known hazards will not impact the safe use of a 3-person crew.

The key phrase here in the new upcoming Z275.2-20 (Dive Operations) is that a completed (ie: “written down and signed”) on-site risk assessment indicating that any known hazards on a jobsite will not impact the SAFE use of a 3 person crew. This implies that the job hazard analysis could identify that conditions MIGHT allow the use of a three-person crew – and that it also determine that that a larger crew size may need to be used to mitigate risk.

In both cases, the dive supervisor and his crew are directed to conduct an onsite and completed JOB HAZARD ANALYIS that is to include compulsory items noted below;

Another point – and it is an important one – is that in any diving operation (including the use of SCUBA) – is the requirement that this hazard analysis worksheet is to be COMPLETED (ie: written down and signed – and on the jobsite) before operations begin.

The dive supervisor – having conducted and filled out a COMPLETED risk assessment of the known hazards regardless of the mode of diving used – is responsible for the safety of his operation and is accountable.

Accountable means that should there be an incident or accident, it is the dive supervisor that would be held accountable and responsible to explain and justify their choice of crew size based on the risk assessment. It is a serious responsibility. Failure to comply to protect and deal with worker safety concerns under Canadian Bill C-45 is a criminal offense. Criminal offense includes the option of jail time if convicted.

A diligent safety inspector or client should ask when reviewing procedures for any diving operation – either surface supplied or SCUBA – is to scrutinise the COMPLETED risk assessment prepared by the supervisor of the dive procedure. It ensures that due diligence has been done in considering all known hazards to the health and safety of the workers.

That first step simply begins with counting the number of workers onsite for the diving operation. If there are not four or more competent workers on the dive site, it would be prudent to ask for the hazard analysis worksheet and ask the question “Why are there not a minimum of four competent personnel on your crew?”

The answer to this question by the supervisor will give insight as to their commitment and competence focusing on the safety of the workers under his control.

It is imperative that all diving operations be built on safety first.

Canadian OHS laws are based on the “Internal Responsibility System”. Under this system all workplace stakeholders from senior management to the deckhand are required to play a part in ensuring health and safety at the workplace. Therefore those, including supervisors, who fail to meet the requirements of the OHS (Occupational Health & Safety) laws may be held responsible and therefore liable to prosecution. It is therefore crucial that owners, employers, supervisors and workers are aware of their responsibilities on the work-site.

As the specific responsibilities of management and supervisors vary from one province or territory to another, it is difficult to come up with a comprehensive list that will directly itemize the responsibilities of the those responsible for the performance of the work. This is made increasingly more difficult in Canada, with each province or territory having their own OHS regulation. However, guidance to the specific duties of the owners, employers, supervisors and workers may be found by referring to the applicable OHS regulation and being aware of the requirements of Bill C-45.

The lack of harmonization of OHS laws directly impacts the provincial or territory diving regulations.  This is something the CADC is attempting to correct with the introduction of the “One Country, One Standard” initiative.  

In seven of Canada’s provinces and territories the duties of supervisory personnel are specifically addressed. These include, but are not limited to;

• Ensure the health and safety of the workers under supervision
• Comply with all applicable OHS laws and ensure that the workers do the same
• Ensure all workers are wearing appropriate PPE
• Inform the workers of any known or reasonably foreseeable health and safety hazard it the area they are working
• When required, give written directions on measures to be taken to protect their safety

These duties may be further enhanced by referencing applicable sections in regulations pertaining to diving operations or to the CSA (Canadian Standards Association) diving standards. Some of the duties sited in the regulations and CSA standards include;

• Ensure operation & contingency plans are developed and in-place
• Ensure personnel are competent and fit to work
• Ensure all diving equipment is examined by a competent person
• Appoint in writing a competent diving supervisor
• Ensuring all necessary equipment is provided and in good operating condition

It therefore becomes evident that we must determine who is the “supervisor” for each of these duties. Although many of the duties specified in applicable diving regulations or standards, may be focused towards the dive supervisor, it is also plain to see that others including, owners and employers may also hold a supervisory role.

Listed below are a few examples of the definition of ‘supervisor’ in number of OHS laws;

• A person who instructs, directs, and controls workers in the performance of their duties
• A person who has charge of a workplace or authority over another worker
• A worker who has one or more workers under his or her control or supervision
• A person who is authorized by an employer to oversee or direct the work of workers

It should be noted that these definitions are based on function rather than the title, consequently personnel have been charged under OHS Law even though they did not hold the title of “supervisor”. Therefore, it should be obvious that in a court of law, they may be required to look at who had the control and responsibility of the work, or task, rather than his or her title, to determine who had the responsibility or authority for the work. Examples of supervisory authority include;

• Hire and fire
• Promote and discipline
• Give awards or bonuses
• Schedule work
• Decide make-up of the crew
• Decide which equipment to use
• Discuss safety issues with workers
• Discuss details of the job with the workers
• Deal with worker complaints
• Stop work if hazards arise
• Grant workers vacation and leave of absences
• Determine how workers are paid

In the event the applicable OHS Law does not assign duties to the supervisor or define the position of supervisor, it has to be determined if the responsibilities are “implied” in another definition. For example, “employer”. Do the duties assigned or assumed fall into this definition? Or do the responsibilities of the employer also include those of one who could be the supervisor? The implied responsibilities may be used in prosecuting a supervisor who fails to meet the requirements of the OHS Law.

Remember, in addition to the OHS Law, the commercial diving industry also relies on specific diving regulations and or CSA Standards that also cite supervisor responsibilities and competencies.

In March of 2004 the Canadian government introduced Bill C-45. The Bill added Section 217.1 to the Criminal Code which reads;

“217.1 Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.”

Bill C-45 also added Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on organizations and its representatives for negligence (22.1) and other offences (22.2).

This Bill was introduced following the Westray coal mining disaster, where dispute numerous concern over safety issues, management did very little to correct these issues. Following the incident, the court was unable to convict management of the mining operation for failure to address the safety concerns raised. A Royal Commission investigated the accident, and one of the many recommendations made lead to the introduction of Bill C-45.

The intent of Bill C-45 is to;

• Create rules for establishing criminal liability to organizations for the acts of their representatives.
• Establish a legal duty for all persons “directing the work of others” to take reasonable steps to ensure the safety of workers and the public.
• Set out the factors that courts must consider when sentencing an organization.
• Provides optional conditions of probation that a court may impose on an organization.

Although primarily used in cases of serious violations of OHS Law, the use of the provisions of Bill C-45 are becoming more common. The Bill can and will hold those responsible for the health and safety of the workers accountable for infringements of the Law.

To summarize, the workers are protected by two distinct laws, the Occupational and Safety Law and the Criminal Code. Failure to comply with these Laws may result in financial penalties or imprisonment. For example, in Ontario the penalties under the Occupational Health & Safety Act are;

• For individuals, up to $25,000.00 or up to 12 months’ imprisonment
• Corporations, up to $500,000.00 per charge

Contraventions to the Criminal Code may result in imprisonment or fines in excess of $100,000.00.

Supervisors, including employers have both an ethical and legal responsibility to ensure the health and safety of their workers around the dive operation. This responsibility should not be underestimated or taken lightly. It is imperative that all parties know their responsibilities and practice due diligence in providing this protection. Failure to comply with the spirit of intent of Bill C-45 to protect the safety of the worker can lead to criminal prosecution including imprisonment. It is a very serious offense.

(Ed note: Reprint from Article appearing in the CADC Magazine Spring/Summer 2017 by Dave Geddes – Safety Consultant at DW Geddes and Associates and Director of CADC.)