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Guidelines Part 24
Guidelines Part 24 Contents
DIVING OPERATIONS
GENERAL REQUIREMENTS
G24.9 Notice of project
G24.10 Medical certification
G24.12 Training
G24.13 Principal performers using underwater diving equipment
G24.13-1 Evidence of competency for scientific divers
G24.13-2 Diving competency standards
G24.21 Diving tables
G24.26 Breathing mediums
G24.29 Gauges and meters
SCUBA DIVING
G24.37 Restrictions on scuba
SURFACE SUPPLY DIVING
G24.43 Compressors
FISHING OPERATIONS
GENERAL REQUIREMENTS
G24.69 Fishing operations - determining who is the employer
G24.70 Compliance with standards
G24.71 Owner and master responsibilities - major modifications
G24.72 Documentation
G24.76 Vessel preparation
Guidelines Part 24 - Diving operations: General requirements
G24.9 Notice of project
Issued September 1999
Section 24.9(1) of the OHS Regulation states "The employer must submit a notice of project for diving activity, or notify the board by telephone, at least 24 hours before commencing..."
certain types of diving operations.
Though this allows notice by telephone, section 24.9(3) states "A copy of the notice of project must be posted at the worksite before diving commences."
This means that, if notice is given over the telephone, the employer must legibly write down all the required information and post it.
The Division provides a standard form that can be used for sending written notice to the Board or recording telephone notices. This form defines the detailed information that must be given, whether notice is given by telephone or in writing.
G24.10 Medical certification
Issued September 1999; Editorial Revision October 2004
Section 24.10 of the OHS Regulation provides for divers to be medically certified by a "physician knowledgeable and competent in diving medicine."
The WCB keeps a list of physicians that it accepts as being "knowledgeable and competent in diving medicine". Section 24.10 is violated if a person works as a diver or a standby diver without being certified by a physician on the list.
A request to have a physician added to the list should be sent to the manager who is responsible for certification services.
G24.12 Training
Issued September 1999; Editorial Revision October 2004; Editorial Revision November 23, 2005
Section 24.12(2) of the OHS Regulation requires that divers be trained "by a person or agency acceptable to the Board." As a result of section 24.13(1)(a) commercial divers must be trained in accordance with the standards of CSA Standard Z275.4-97 Competency Standard for Diving Operations or other standard acceptable to WorkSafeBC.
A list of acceptable training agencies under section 24.12(2) may be obtained from the WorkSafeBC's B.C. Occupational Health and Safety List of Education & Training Providers and WorkSafeBC's diving coordinator at (604) 276-3100.
G24.13 Principal performers using underwater diving equipment
Issued April 27, 2000; Editorial Revision April 2005
Section 24.13 of the OHS Regulation requires that all divers in an occupational diving operation meet the requirements of CSA Standard 275.4-97 Competency Standard for Diving Operations. Each diver is also required to be competent to use the equipment that he or she will be using during the diving operation.
The BC film production industry has been submitting variance requests to the Board to obtain relief for principal performers from some of the requirements of sections 24.10, 24.12 and 24.13 of the OHS Regulation. A principal performer for the purposes of this interpretation refers to principal cast contracted for artistic purposes. Occasionally an underwater scene will require the principal performer to go underwater using a self contained underwater breathing apparatus (SCUBA) or surface supply equipment, in order for the production to film the principal performer in a fashion which cannot be done through use of a "double". For example, a particular shot may require a direct facial filming of the principal performer(s).
Under certain situations, a principal performer going underwater for selected shots in shallow depths may be considered not to be a diver. Each principal performer is, however, considered to be a worker and is subject to the requirements of other sections of the Workers Compensation Act and the OHS Regulation. Section 2.2 of the OHS Regulation states "all work must be carried out without undue risk of injury or occupational disease."
Section 4.4(2)(a) permits the reliance on other standards which are acceptable to the Board. The Board will accept that a principal performer is not a diver required to meet the requirements of sections 24.10, 24.12 and 24.13 of the OHS Regulation and that there is compliance with section 2.2 where the following conditions are met:
- An occupational diver who meets the requirements of CSA Standard 275.4-97 Competency Standard for Diving Operations assesses the ability of the principal performer to perform the required underwater shots, and considers the performer is competent to perform such underwater shots.
- A dedicated occupational diver who meets the requirements of CSA Standard 275.4-97 accompanies each principal performer at all times while the principal performer is underwater.
- A principal performer with only a valid recreational diver's certificate does not exceed 15 feet in depth.
- A principal performer without a valid recreational diver's certificate does not exceed 7 feet in depth.
- The water time for a principal performer who is not certified and qualified as a diver to the full requirements of the Regulation is limited to the time required to perform the underwater shot.
No variance is needed where the above conditions are met. If in other situations a variance is needed, a request should be submitted to the Board at least 20 working days prior to the scheduled shooting days.
G24.13-1 Evidence of competency for scientific divers
Issued November 29, 2002; Editorial Revision April 2005
This guideline discusses the application of section 24.13 of the Occupational Health and Safety Regulation to divers engaged in scientific diving. Section 24.13 states:
(1) The employer and diving supervisor must ensure that all divers
(a) meet the minimum requirements of CSA Standard Z275.4-97 Competency Standard for Diving Operations, and
(b) are competent to use the diving equipment that will be used in the diving operation.(2) A certified copy of the competency documents for each diver must be available for inspection on site by an officer.
Clause 1.6 of CSA Standard Z275.4-97 states:
This standard does not apply to scientific diving as defined in Clause 2.1.
Clause 2.1 of CSA Standard Z275.4-97 defines scientific diving as:
diving performed to collect specimens or data for scientific use, under the auspices of an educational or research institute operating in accordance with the Canadian Association of Underwater Science Standard of Practice for Scientific Diving.
Note: Scientific diving does not include diving conducted for construction, including excavation, salvage, demolition, destruction, maintenance, repair, or inspection of underwater structures, nor collection of organisms for consumption or commercial use.
The Board recognizes that a diver engaged in scientific diving (as defined above) under the auspices of an educational or research institute does not need to meet the minimum requirements of CSA Standard Z275.4-97. However, in order to qualify for and maintain this exemption, the diver and the diving operation must operate in accordance with the Canadian Association of Underwater Science (CAUS) Standard of Practice for Scientific Diving. This means the educational or research institute must be a member organization in good standing with CAUS and have in place the organizational requirements specified in the CAUS standard.
On the date of publication of this Guideline, the Board is aware of the following member organizations belonging to CAUS that may have scientific diving operations within the Board's jurisdiction:
University of British Columbia
Vancouver Aquarium Marine Science Centre
Bamfield Marine Station
University of Victoria
Simon Fraser University
Department of Fisheries and Oceans (Fisheries and Oceans Canada)
Royal BC Museum
A diver engaged in scientific diving under the auspices of an educational or research institute must be able to produce for inspection by an officer of the Board documentation of competency and authorization to dive from the institute. Such authorization must indicate the scientific diver's category, or diving competency level, as specified in the CAUS standard. The authorization may be in the form of a letter or certificate issued by the institute's diving officer or an entry by the diving officer in the diver's personal logbook. The diver may only undertake scientific diving activities that are within the scope of his or her current diving authorization as established by the institute.
A recreational diver certification only, such as PADI (Professional Association of Diving Instructors) or NAUI (National Association of Underwater Instructors), is not a sufficient certification to meet the criteria of any of the scientific diver categories in the CAUS standard.
An employer contracting with a member organization of CAUS to do scientific diving will only be considered to be working "under the auspices of an educational or research institute" if the employer's divers have authorization to dive from the institute and if the diving operation is undertaken in accordance with and under the control of the institute's scientific diving program. Otherwise, the divers working for such a contract employer must meet the minimum requirements of CSA Standard Z275.4-97 Competency Standard for Diving Operations or other standard acceptable to the Board, and be so certified.
A scientific diving operation under the auspices of an educational or research institute may involve personnel who are not workers covered by the Workers Compensation Act, such as students, volunteers, or visitors. There are reciprocity agreements between CAUS member organizations, so a scientific diver from one institute can go to another institute as a visiting diver and his/her scientific diving credentials may be recognized and accepted by the host institute, with minimal "inconvenience." Similar reciprocity agreements exist between CAUS and other associations, such as the US equivalent of CAUS, the American Academy of Underwater Sciences. The visiting diver must supply appropriate documentation (such as personal logbook, medical clearance, and proof of equipment maintenance) to the host institute's diving officer. The host institute's diving officer must provide specific authorization for the visitor to dive under the institute's program. If one or more of the personnel involved in a scientific diving operation is a worker under the Act, the Act and the OHS Regulation apply; the only exemption from the requirements of the Act and the OHS Regulation applies to the criteria for determining each scientific diver's competency level. All other requirements of the Act and the OHS Regulation must be met in the diving operation.
If there is any conflict between a requirement in the CAUS standard and the OHS Regulation, the requirement of the OHS Regulation prevails.
G24.13-2 Diver competency standards
Issued November 23, 2005; Revised June 6, 2006
Regulatory excerpts
Section 24.13 of the OSH Regulation states:
(1) The employer and the diving supervisor must ensure that all divers
(a) meet the minimum requirements of CSA Standard Z275.4-97 Competency Standard for Diving Operations and
(b) are competent to use the diving equipment that will be used in the diving operation.
(2) A certified copy of competency documents for each diver must be available for inspection on site by an officer of the Board.
Section 4.4(2) of the OHS Regulation states:
(2) When this Regulation requires a person to comply with
(a) a publication, code or standard of the Board or another agency, the person may, as an alternative, comply with another publication, code or standard acceptable to the Board, or
(b) practices, procedures or rules of the Board or another agency, the person may, as an alternative, comply with another practice, procedure or rule acceptable to the Board.
Purpose of guideline
This guideline
- identifies an alternative standard to the CSA Standard Z275.4-97, under section 24.13(1)(a) that is acceptable to WorkSafeBC
- lists agencies that certify divers to a competency standard that is acceptable to WorkSafeBC and
- discusses evidence of competency under section 24.13(2).
Background
Prior to the amendments to the OHS Regulation by B.C. Reg 312/2003, section 24.13(1)(a) also included the statement "or other standards acceptable to the Board." Since the regulatory amendments in 2003, the WorkSafeBC's authority to accept alternative standards falls under section 4.4(2) of the OHS Regulation.
Alternative competency standard for diving
CSA-Z275.4-02 Competency Standard for Diving Operations is a standard acceptable to WorkSafeBC that may be complied with as an alternative to CSA Standard Z275.4-97 Competency Standard for Diving Operations under section 24.13(1)(a).
Agencies that certify to a standard acceptable to WorkSafeBC
The following agencies certify divers to a standard acceptable to the WorkSafeBC under section 24.13(1)(a):
- WorkSafeBC. Divers who received a WCB Seafood Harvesting Diver's Certificate issued before January 1, 998 are considered to be trained in the theory and use of the diving apparatus that the divers use in the fishing industry. These certificates are restricted to diving in the fishing industry for the sole purpose of harvesting seafood product. They are not acceptable for any other form of commercial diving for workers who have not been employed as divers in the seafood harvesting industry on a continuous annual basis. Certificates showing an expiry date are not valid.
- Diver Certification Board of Canada (DCBC) or a school accredited by DCBC. A list of these accredited training schools and other information related to diver certification can be found at http://www.divercertification.com.
- National Energy Board (NEB) of Canada. See http://www.neb.gc.ca/clf-nsi/rsftyndthnvrnmnt/sfty/sfty-eng.html.
- The Australian Diver Accreditation Scheme (ADAS). See Australian Diver Accreditation Scheme - ADAS Diploma of Occupational Diving - Dive Managers and Dive Trainers.
The Department of National Defense also certifies divers to a standard acceptable to WorkSafeBC provided that the divers have work experience and bottom time comparable to that required by CSA Standard Z275.4-97 Competency Standard for Diving Operations.
The Health and Safety Executive (HSE) of the United Kingdom does not certify to a standard acceptable to WorkSafeBC under 24.13(1)(a). Occupational divers holding HSE diver training certificates who want to dive in British Columbia must contact the Certification Services department of WorkSafeBC to have their diver qualifications evaluated.
For questions about whether a diver has been certified to a standard acceptable to WorkSafeBC, please contact WorkSafeBC's diving coordinator at (604) 276-3100.
Evidence of competency
Competency documents that are required under section 24.13(2) include a certified copy of a valid diving certificate from one of the agencies listed above or other person or training agency found to be acceptable to WorkSafeBC. Employers may certify a copy of competency documents by making copies personally or comparing the copies with the originals, and then signing or initialing the copies to show this has been done. Copies may also be certified by a legal professional for presentation to an officer.
G24.21 Diving tables
Issued September 1999; Editorial Revision April 2005
Section 24.21(1) of the OHS Regulation states
Diving operations, repetitive dives, and treatment of divers, must be carried out in strict accordance with tables and procedures published or approved by the Defense and Civil Institute of Environmental Medicine (Canada), or other standard acceptable to the board.
Section 4.4(2)(b) of the OHS Regulation permits the reliance on other practices, procedures or rules that are acceptable to the Board. Other diving tables acceptable to the Board are:
1. United States Navy Decompression Tables and Procedures, and
2. British Royal Navy Decompression Tables and Procedures.
There may be other acceptable proprietary diving tables with procedures that are used in commercial mixed gas diving operations. The Board's diving coordinator can provide more detailed information about these tables and procedures.
G24.26 Breathing mediums
Issued September 1999
Section 24.26(3) of the OHS Regulation states "If mixed gases in other than the normal proportions of respirable air are used for breathing by divers, the diving supervisor must ensure that
(a) the diving procedures and schedules of work, and decompression are in accordance with the recommendations of a competent authority, and
(b) prior written authorization has been received from the board to use mixed gases other than nitrox and that the authorization is kept on the dive site, available for inspection by an officer."
The requirement for prior authorization from the Board under clause (b) is additional to the requirement to submit a notice of project under section 24.9.
A request for prior authorization must be submitted to the Variance and Sanction Review Section. The request must include the following:
- gas mixtures to be used,
- mixed gas qualifications for all divers and diving supervisors,
- diving equipment to be used and reserve gas supplies,
- diving tables and decompression procedures,
- support equipment including hyperbaric chamber facilities,
- diver transportation,
- emergency, evacuation and communication procedures, and
- copy of safe diving procedures.
Mixed gas operations covered by clause (b) that have not been authorized by the Board will be terminated immediately and appropriate orders written. However, the officer must ensure that this will not jeopardize decompression requirements or the safety of any diver.
G24.29 Gauges and meters
Issued September 1999
Section 24.29(1) of the OHS Regulation states "Gauges and meter equipment must be tested every 6 months or whenever a malfunction is detected, and errors found must be corrected without delay."
Gauges used in diving operations must be checked against a master gauge every 6 months. The master gauge should be calibrated every 12 months by test, and the testing documented.
Gauge accuracy will be evaluated as follows
- measuring depths to 100 feet should have an accuracy within 1% of the maximum scale reading,
- measuring depths from 100 feet to 600 feet should have an accuracy within 0.5% of the maximum scale reading, and
- measuring other conditions, for example pressure, should have an accuracy within 2.5% of the actual condition being measured.
Periods of storage are not included in determining the time at which calibration should occur.
Guidelines Part 24 - Scuba diving
G24.37 Restrictions on scuba
Issued September 1999
Section 24.37(1) of the OHS Regulation states "Scuba must not be used in underwater construction, burning, welding, salvage operations, demolition, jetting and suction dredging or other diving operations in which the diver
(a) may be entrapped,
(b) does not have free access to the surface,
(c) may be exposed to a contaminated environment, or
(d) could be adversely affected by hazardous underwater or surface work activities or conditions which could be alleviated if the diver were using surface supplied air."
This section does not prevent the use of scuba in all operations involving underwater construction, burning, welding, salvage, demolition, jetting and suction dredging. It only applies to those operations where one of paragraphs (a) to (d) apply.
Guidelines Part 24 - Surface supply diving
G24.43 Compressors
Issued September 1999
Supply of air
Section 24.43(a) of the OHS Regulation states "Compressors used to supply air to divers must be...capable of maintaining a supply of air equal to at least double the volume of air required.quot;
What volume of compressor breathing air is required to support a diver(s) working at depth?
There are two basic types of surface supply equipment used by divers: free flow and demand regulator. Each type will require a different volume.
The volume of surface supplied air required for a diver will increase with increases in the diver's depth (called the diver's ambient pressure) and is expressed in atmospheres absolute. (Depth + 33 divided by 33 = divers depth in atmospheres absolute.)
Diving operations that employ free-flow helmets and masks such as Desco, Divex/Swindell or Aquadyne Air should have flow volumes of at least 6 actual cubic feet per minute (acfm) per diver. This volume is needed to ventilate the diver's helmet/mask of any CO2 as a result of the diver's expired air. (The diver's inspired air should not exceed 2% CO2.) To calculate the volume of air for a free flow mask/helmet at any depth, the following equation should be used:
R = 6 x Pa x N
R= required ventilation rate in acfm (actual cubic feet per minute)
6 = the 6 cubic feet per minute per diver
Pa = The absolute pressure at working depth (expressed in atmospheres absolute)
N = The number of divers to be supplied at the working depth.
Example:
What is the acfm required for two divers using lightweight free flow diving helmets in 66 feet seawater? (66 feet of depth equals 3 atmospheres absolute)
R = 6 x Pa x N
= 6 acfm x3 atmospheres absolute (divers' depth) x2 divers =36 acfm
= 36 acfm (doubled to meet 24.43 (a)) = 72 acfm)
Diving operations that use demand type equipment such as the U.S. Divers' EXO Mask, Kirby Morgan Band Masks, Superlite helmets and Hooka diving operations (which use SCUBA regulators in a surface supplied mode) will require less volume than the free flow type. For Hooka operations the rate is 3.2 acfm. (The peak inhalation rate is 3.2 acfm while performing heavy work, according to the US Navy's Diving Manual.) A divers air requirement will vary with the demands of the work level. (The rate at which air is consumed in a system may be significantly lower than the peak inhalation flow rate. However, the air supply must be able to meet the greatest demand and the manufacturer's requirements.)
Example:
The acfm required for two divers using Hooka gear diving in 66 feet of seawater. (The second diver may be the standby diver on the surface)
R = 3.2 x Pa x N
R = 3.2 acfm x 3 atmospheres absolute x 2 divers = 19.2 acfm
R = 19.2 acfm x 2 (doubled to meet 24.43 (a)) = 38 acfm
Where a manufacturer specifies greater volumes than 3.2 acfm, that number should be used in the equation in place of 3.2. For example, the U.S. Divers EXO mask, the Kirby Morgan band masks and Superlite helmets require 4.5 acfm.
With regard to both types of equipment,
- all calculations for volume should be based on the deepest depth of dive,
- the compressor pressure requirements of section 24.43(b) of the OHS Regulation must be met, and
- the system volume tank should be large enough to maintain a steady supply as specified in section 24.44.
Reference materials:
The Association of Diving Contractors Consensus Standards for Commercial Diving Operations (1994),
US Navy Diving Manual (1993 edition),
NOAA Diving Manual (1993).
J.B. Morrison (1993), Evaluation of Underwater breathing Apparatus used in British Columbia, Simon Fraser University.
Pressure
Section 24.43(b) of the OHS Regulation states "Compressors used to supply air to divers must be...capable of developing pressure at least 25% greater than the anticipated pressure requirement."
What are the minimum pressures needed for supplying sufficient breathing air to surface supplied divers?
The diver's air supply system must be capable of delivering sufficient breathing air to the diver at a pressure that overcomes the water pressure at the divers' working depth plus a 25% safety factor in the event of a sudden descent below the planned working depth.
An additional factor is pressure loss inherent in any surface supplied diving system, for example, resistance through valves, regulators and hose lengths. Usually an additional 10 psi should be added to any total. Where more than 400 feet of hose are used, then another 10 psi should be added.
Calculations for pressure requirements are completed in absolute pressures, so 14.7 psi is added to any pressure requirements, to give psia.
There are two types of surface supplied diving equipment: free flow and demand. Each has different pressure requirements.
Divers using "free flow type" air masks or diving helmets to depths of 120 feet should have a minimum pressure of 64.7 psia over the diver's ambient pressure. When diving over 120 feet, the pressure should be increased to 114.7 psia over the diver's ambient pressure.
To calculate the pressures required to supply breathing air to a diver using free flow equipment in less than 120 feet of seawater (fsw), use this formula:
Ps = ((0.445 x D) + 64.7 + Pi) x 1.25
Ps = Air pressures required to support a diver at a given depth using free flow equipment
D = diver's depth in fsw
64.7 = 50 psi + 14.7 psi = the absolute pressure (64.7 psia)
Pi = add 10 psi for pressure losses in the system (20 psi if hose is over 400 feet)
25% = safety factor required by section 24.43(b)
Example 1: A dive to 100 fsw.
Ps = ((.445 x 100) + 64.7 + 10) x 1.25 = 149 psi required.
Example 2: A dive to 130 fsw
Ps = ((.445 x 130)) + 114.7 + 10) x 1.25 = 228 psi required
(114.7 psi is the absolute hose pressure (100 psi + 14.7 psi) when diving over 120 fsw)
For helmets and masks using demand regulators with oral nasal fittings such as Kirby Morgan band masks, Superlite helmets, US Divers EXO masks and Hooka Divers using scuba regulators, the pressures required are much higher. The minimum pressures should be not less than 135 psi over bottom pressure. (Add 14.7 to 135 = 149.7 psia.) The formula to calculate compressor pressures required to supply over bottom pressures for demand type helmets and Hooka is;
Ps = ((.445 x D) + 149.7 psia + Pi) x 1.25
Example 1:
A diver working to a depth of 60 fsw
Ps = ((.445 x 60) + 149.7 + 10) x 1.25 = 233 psi required
Example 2.
A diver working to a depth of 130 fsw.
Ps = ((.445 x 130) + 149.7 + 10) x 1.25 = 272 psi is required.
Some dive equipment manufacturers recommend even higher over bottom pressures to reduce breathing resistance at the second stage regulator.
Guidelines Part 24 - Fishing operations: General requirements
G24.69 Fishing Operations - determining who is the employer
Issued September 1999; Editorial Revision May 2005; Revised November 21, 2006
Regulatory excerpt
Section 24.69 of the OHS Regulation ("Regulation") states:
Sections 24.70 to 24.143 apply to all owners, masters and crewmembers of licensed commercial fishing vessels.
Section 106 of the Workers Compensation Act ("Act") states:
"employer" means
…
(c) the owner and the master of a fishing vessel for which there is crew to whom Part 1 applies as if the crew were workers,but does not include a person exempted from the application of this Part by order of the Board;
Section 115 of the Act states:
Every employer must
(1) (a) ensure the health and safety of
(i) all workers working for that employer, and
(ii) any other workers present at a workplace at which that employer's work is being carried out, and
(b) comply with this Part, the regulations and any applicable orders.
(2) Without limiting subsection (1), an employer must
(a) remedy any workplace conditions that are hazardous to the health or safety of the employer's workers,
(b) ensure that the employer's workers
(i) are made aware of all known or reasonably foreseeable health or safety hazards to which they are likely to be exposed by their work,
(ii) comply with this Part, the regulations and any applicable orders, and
(iii) are made aware of their rights and duties under this Part and the regulations,
(c) establish occupational health and safety policies and programs in accordance with the regulations,
(d) provide and maintain in good condition protective equipment, devices and clothing as required by regulation and ensure that these are used by the employer's workers,
(e) provide to the employer's workers the information, instruction, training and supervision necessary to ensure the health and safety of those workers in carrying out their work and to ensure the health and safety of other workers at the workplace,
(f) make a copy of this Act and the regulations readily available for review by the employer's workers and, at each workplace where workers of the employer are regularly employed, post and keep posted a notice advising where the copy is available for review,
(g) consult and cooperate with the joint committees and worker health and safety representatives for workplaces of the employer, and
(h) cooperate with the Board, officers of the Board and any other person carrying out a duty under this Part or the regulations.
Purpose of guideline
The purpose of this guideline is to provide principles to consider in determining to what extent the owner or master of a fishing vessel carries the responsibilities of the employer under Part 3 of the Act and the Regulation.
Employer responsibilities of masters and owners under OHS legislation
Background - both owners and masters are employers of the crew
The workplace party with primary responsibility over health and safety is the employer. Section 115 of the Act contains specific obligations with respect to an employer. In addition, the Regulation places many requirements on the employer.
In the fishing industry, both owners and masters may be considered to be the employer of the crew. Section 106 of the Act defines "employer" for the purposes of Part 3 of the Act and the Regulation. That definition includes the owner and master of a fishing vessel for which there are crew members to whom Part 1 of the Act applies as if the crew were workers. Therefore both owners and masters of fishing vessels are required to meet the responsibilities of an "employer" specified by the Regulation and Part 3 of the Act. The level of compliance of owners and masters with their obligations as "employer" may vary according to the situation. The following guideline sets out basic principles for determining the "employer" obligations of owners and masters.
"Employer" obligations
Masters and owners each play different roles in a commercial fishing operation. Each "employer" will be responsible for workplace conditions to the extent they have influence over them. Determining the degree of control over and ability to influence a particular workplace condition may involve assessing
- The type of operation carried on by the owner and master
- The contract between the master and vessel owner
- The reality of the relationship between the owner, master, and crew
- Whether the owner or master hired the crew members
Note that s. 124 of the Act contemplates obligations being imposed on one or more persons and supports the notion of joint responsibility over workplace health and safety. That section states:
If
(a) one or more provisions of this Part or the regulations impose the same obligation on more than one person, and
(b) one of the persons subject to the obligation complies with the applicable provision, the other persons subject to the obligation are relieved of that obligation only during the time when
(c) simultaneous compliance by more than one person would result in unnecessary duplication of effort and expense, and
(d) the health and safety of persons at the workplace is not put at risk by compliance by only one person.
The following sets out the responsibility: for owners and masters over the two primary aspects of the fishing vessel workplace; vessel operation and infrastructure. However, as noted above, the obligation of the owner or master will have obligations based on the reality of the relationship and the ability to influence workplace safety.
1. Crew and operation of the vessel
The master generally hires the crew and obviously is the "employer" who will be present at the workplace during fishing operations. The master will have more control over the crew than the owner, and will normally be the employer primarily responsible for crew safety while the vessel is being operated.
This primary responsibility will extend to a number of elements listed in s. 115(2), such as providing instruction as to workplace hazards, ensuring the crew use protective equipment and devices, ensuring a safety program is in place, and making a copy of the Act and Regulation available to crew members.
The master's responsibility related to certain items in s. 115(2) may be more limited, if there are limitations to the manner in which the master is capable of fulfilling those obligations.
For example, s. 115(2)(a) provides that the employer must remedy workplace conditions that are hazardous to the health and safety of workers. A master may be able to directly remedy some workplace conditions, but not all. Where the workplace condition relates to the integrity or maintenance of the vessel or equipment, the master will be expected to provide information about the hazardous condition to the owner. The owner will then have the obligation, also under s. 115(2)(a) to remedy the relevant hazards.
Similarly, the manner in which each of the master or owner will comply with the obligation to train crew members, establish safety policies and programs, and consult with health and safety representatives (where required), will depend on the circumstances and the relationship between the owner, master, and crew members. For example, where owners are more involved in the selection of the crew and the terms of employment, those owners will bear primary responsibility for training the crew, while the master's role will relate more to direct instruction. Where the master is primarily involved in hiring, the master will bear more responsibility for training and the owner's responsibility may be limited to directing the master and ensuring the master complies with his or her obligations.
Even where vessel owners have little or no direct control over the crew and operation of the vessel, and where the master hired the crew members, owners will retain the obligation to ensure the health and safety of crew members of the vessel under section 115(1)(a)(ii). Vessel owners may control deadlines, quotas, or any other operating requirements that could affect the health and safety of workers.
Further reference should be made to specific obligations placed on masters and owners in ss. 24.69 through 24.143 of the Regulation. In general, sections 24.69 to 24.143 place responsibility for operating the vessel safely with the master, and place responsibility for the infrastructure, maintenance, and overall integrity of the vessel and equipment with the owner.
Where a vessel constitutes a "multiple employer workplace" under s. 118, the master will be the owner who will act as a prime contractor unless a prime is appointed.
2. Infrastructure, maintenance, and overall integrity of the vessel and equipment
In general, the vessel owner has control over the infrastructure, maintenance, and overall integrity of the vessel and equipment. Therefore, the owner will typically be responsible for employer duties that relate to the infrastructure, maintenance, and overall integrity of the vessel and equipment.
For example, requirements in the Regulation that relate to general conditions of the workplace will primarily be the owner's responsibility.
Section 4.2 of the Regulation requires the employer to ensure that each building and temporary or permanent structure in a workplace is capable of withstanding any stresses likely to be imposed on it. The vessel owner would typically be responsible for meeting this requirement because the vessel owner typically has control over the integrity of the structures on the vessel.
However, certain requirements with respect to the workplace may fall to both owners and masters. For example, under section 3.5 of the Regulation, every employer must ensure that regular inspections are made of all workplaces, including tools, equipment, machinery, and work methods and practices, at intervals that will prevent the development of unsafe working conditions. Both the owner and master have responsibility for fulfilling this duty.
Sections 24.69 to 24.143 of the Regulation specify particular responsibilities of owners and masters. In general, sections 24.69 to 24.143 place responsibility for the infrastructure, maintenance, and overall integrity of the vessel and equipment with the owner. For example, under section 24.71, the owner of the vessel must ensure that all machinery and equipment on board a fishing vessel is capable of safely performing the functions for which it is used. Under section 24.82, the master must ensure that all rigging is inspected regularly to ensure that it is able to safely carry out the work for which it was designed.
Masters will also have obligations to protect crew members with respect to vessel and equipment maintenance and integrity. Masters would be expected to understand the operating characteristics and limitations of the vessel, and communicate issues relating to the maintenance and integrity of the vessel and equipment to the owner.
Note also that vessel owners must comply with the general duties of owners under section 119 of the Act.
G24.70 Compliance with standards
Issued February 3, 2005
Section 24.70 of the OHS Regulation provides:
All fishing vessels must
(a) be maintained in seaworthy condition.
Prevention Policy R24.70-1 clarifies what should be considered in determining whether a vessel is in "seaworthy condition" for the purposes of s. 24.70(a). That Policy provides the following definition of "seaworthy" from Kerchove's International Maritime Dictionary (2nd Edition):
The sufficiency of a vessel in materials, construction, equipment, crew and outfit for trade or service in which it is employed...
The Policy further provides that determining seaworthiness involves consideration of a number of factors, including:
- Construction, structure and stability of the vessel;
- Machinery and equipment on the vessel;
- Load being carried and its distribution on the vessel;
- Place or places to which the vessel will be voyaging; and
- Weather and sea conditions that the vessel is likely to encounter.
This guideline is intended to provide direction on maintaining fishing vessels in a seaworthy condition as required by OSHR 24.70(a), with reference to stability considerations.
Standards for the construction of fishing vessels fall under the jurisdiction of Transport Canada. Reference should be made to the regulations, policies and best practices established by Transport Canada. In particular, Transport Canada publishes vessel construction criteria and standards as well as a number of guides with respect to the safe operation of fishing vessels, including:
- Manual of Safety and Health for Fishermen (TP 1283)
- An Introduction to Fishing Vessel Stability (TP 8161)
- Small Fishing Vessel Safety Manual (TP 10038)
The Board has also published Gearing Up For Safety, which provides advice on the safe operation of fishing vessels. In addition, the U.S. Coast Guard publication A Best Practices Guide to Vessel Stability: Guiding Fishermen Safely into the Future offers some useful advice on maintaining fishing vessel stability.
Loss of vessel stability leading to foundering or capsizing is a major cause of fatalities in the fishing industry. Ensuring a vessel's stability is maintained and well understood throughout its life is essential to preventing fatalities. It is crucial that owners of fishing vessels remain aware of the stability characteristics of their vessels, and that they communicate these characteristics to vessel masters and crew.
Vessel stability - owner and master responsibilities
The responsibility for ensuring the vessel continues to possess stability characteristics that render it seaworthy under all anticipated sailing conditions rests with the vessel owner. The vessel owner should limit vessel operations so that it is not operated in conditions that would render the vessel unstable. In addition, the owner should undertake any necessary vessel modifications to ensure no workers are put at risk by the possibility of the vessel becoming unstable during anticipated or reasonably foreseeable operating conditions. A vessel owner is also responsible for ensuring that documentation describing vessel stability characteristics is readily available to crew members on board the vessel (see OHSR s. 24.72(b)).
The vessel master is responsible for ensuring that the fishing vessel is capable of safely making the voyage planned, with due consideration being given to the seaworthiness and stability of the vessel (see OHSR s. 24.76). The master should refer to the vessel stability documentation provided by the owner in accordance with OHSR s. 24.72(b) in making this assessment.
A copy of the documentation setting out the vessel's stability characteristics must be readily available on the vessel for reference by master and crew (see OHSR s. 24.72(b)).
Vessel stability
Vessel stability is a very complex subject. The "stability" of a vessel refers to its ability to stay upright in the water, or, more accurately its ability to return to an upright position after being heeled by an external force. Many forces influence the stability of a vessel in the water, and each vessel will respond differently to heeling forces and will have different stability characteristics at different heel angles.
A properly maintained boat will resist heeling forces when loaded and operated within its operational limits. Determining those operational limits depends on understanding the relationship between a vessel's buoyancy and its centre of gravity. Maintaining vessel stability to ensure seaworthiness means that the vessel's owner should be aware of inevitable changes in the vessel's buoyancy and centre of gravity over time and the effect of such changes on the vessel's stability.
Given the complexity of vessel stability, vessel owners and operators are well advised to consult vessel stability textbooks or seek further information or training for a greater understanding of the issue and the criteria that may be applied to evaluate vessel stability.
Vessel owners should also have the stability of their vessels assessed by a qualified naval architect.
Assessing vessel stability
Standards and requirements for vessel stability are under the jurisdiction of Transport Canada. Currently only fishing vessels larger than 24.4 metres and 150 gross tons, and those vessels up to 24.4 metres and 150 gross tons engaged in the herring and capelin fisheries are required to have their stability assessed in accordance with the federal Large Fishing Vessel Inspection Regulations and Small Fishing Vessel Inspection Regulations. There are currently no federal regulatory requirements for small fishing vessels (i.e. those under 24.4 metres and 150 gross tons, except for those engaged in the herring and capelin fisheries) to have their stability formally evaluated. However, it is recommended that the federal standards and requirements in place for other fishing vessels be used as a guide for assessing small fishing vessel stability. The following information is also provided to assist in maintaining vessel stability.
Vessel stability characteristics should be evaluated and understood prior to the vessel's first voyage. In addition, reevaluation of a vessel's stability characteristics may be necessary where modifications are made to the vessel.
It is also important to note that vessel stability characteristics will also change over the life of the vessel. The accumulation of weight over the life of the vessel, such as the cumulative addition of equipment, will likely cause a vessel to get heavier and its centre of gravity to rise, decreasing its stability. Even the gradual accumulation of dirt and paint may, over time, create a negative impact on stability.
There are two primary methods for assessing vessel stability: roll period tests and inclining experiments.
It is recommended that Transport Canada Marine be consulted in order to obtain complete information on conducting vessel stability tests.
a) Roll period tests
A roll period test determines the length of time it takes a heeled vessel to right itself. The vessel is heeled and its progress to complete one full roll cycle is timed. Changes to a vessel's roll period are a rough way of evaluating whether the vessel's stability is degrading. Providing the vessel has not undergone any appreciable modifications or alterations roll period tests should be undertaken at least every four years as a means to monitor changes to the vessel through its lifetime. If roll period times are increasing over the life of the vessel, it is an indication of the vessel becoming increasingly unstable and that further assessment of the vessel's stability should be undertaken.
It should be stressed that whether roll period tests are effective as a rough method of evaluating the stability of a given vessel will depend on the hull design and other characteristics of the vessel. Roll period tests are likely to be of limited use for vessels with hard chines or flat bottom hulls, for example.
b) Inclining Experiments
Inclining experiments are far more rigorous and informative than roll period tests and are used to accurately measure the vertical height of the vessel's center of gravity above the keel. Due to their complexity, inclining experiments, and their associated calculations, must be performed by a qualified naval architect in accordance with appropriate vessel stability criteria as established by Transport Canada.
An inclining experiment consists of moving one or more large weights across the vessel and measuring the resulting angle of heel. Once the experiment has been completed, a detailed set of calculations is performed to determine the vessel's lightship (i.e. unloaded) weight and centre of gravity. These calculations, in turn, can be used to determine the vessel's operational limitations and will be used to determine the vessel's stability characteristics under a range of operating and environmental conditions.
c) Vessels of Open Construction
The stability of a vessel of open construction (currently defined by Transport Canada as a vessel that has less than 50 percent of its length covered, full width, by decks or permanent enclosures or as defined in the Canada Shipping Act or associated regulations) relies primarily on the maintenance of adequate freeboard (being the distance between the water and the gunwale of the vessel). In addition, inclining experiments are not designed to assess stability characteristics of a vessel of open construction. As a result, such vessels should be provided with a means of quickly assessing during the vessel's operation whether the vessel is capable of maintaining adequate freeboard. The purpose is to provide a guide to the vessel master and crew with respect to loading limits under various operating and environmental conditions. The means of evaluating freeboard should be created in accordance with a formal stability assessment of the vessel.
A common method of evaluating freeboard is the use of a load mark. Where a load mark is used as the method of evaluating freeboard, the load mark should be permanently affixed to the vessel so that it is visible through any paint or hull finish treatment, and it should be affixed to the vessel in sufficient locations so that the maximum load can be determined at any trim angle.
Stability criteria
Transport Canada should be contacted for further information on vessel stability standards.
Board enforcement
In conducting inspections and investigations, Board officers will evaluate whether the vessel has been supplied with meaningful and clear vessel stability documentation.
Prevention Policy R24.70-1 describes the process that a board officer will follow if they encounter a vessel where stability may be a concern:
Where a Board officer considers that a vessel is clearly unseaworthy, he or she will make an order to correct the situation. Where the officer has a concern over seaworthiness but is not sure, and the vessel is over 15 tons, the officer may require production of the vessel's Canada Steamship Inspection certificate issued under the Canada Shipping Act. If no certificate is available, the officer may order that one be obtained. Where the vessel is less than 15 tons, the officer may consult with the Canada Coast Guard [now Transport Canada Marine] for advice as to the seaworthiness of the vessel and whether applicable federal regulations have been complied with. The officer may order that a survey be conducted by a marine surveyor, architect or engineer if he or she considers that there is a serious question as to the seaworthiness of a boat.
Where an officer has reasonable grounds to believe that a vessel's lack of seaworthiness presents an immediate danger to its crew, the officer may issue a stop work order (see Workers Compensation Act s. 191), requiring an assessment of the vessel's stability and work undertaken to the vessel to ensure its stability in accordance with the assessment.
G24.71 Owner and master responsibilities - major modifications
Issued February 3, 2005
Section 24.71(2) of the OHS Regulation states:
The owner must ensure that major modifications to a fishing vessel do not adversely affect the stability of the vessel.
This guideline explains when an owner should reassess a fishing vessel's stability after the vessel has been modified.
Owners should ensure that vessel stability is assessed on an ongoing basis in accordance with Guideline G24.70 and that documentation is maintained on board the vessel as described in Guideline G24.72. In addition, modifications to the vessel may require vessel stability to be reassessed and on-board documentation to be updated.
If a Canadian ship, including a fishing vessel, is altered to the extent that it no longer corresponds with its description or particulars set out on the certificate of registry, the authorized representative of the ship must notify Transport Canada within 30 days after the alteration. Following this notification, Transport Canada may inspect the vessel, and as a result of the inspection require a stability test, or some other means of verifying the seaworthiness of the vessel.
Typically, stability should be re-assessed when the weight of a single modification or the cumulative weight of multiple modifications exceeds 3% of the vessel's lightship weight before modifications.
It may be possible, depending on the design of the vessel, to determine changes to a vessel's weight and centre of gravity resulting from vessel modifications, and the impact of the modifications on the vessel's stability through roll period testing. However, where there is any doubt about the accuracy of the information created through the roll period test, new inclining experiments may be necessary to determine new safe operating limitations as a result of the new vessel weight and centre of gravity.
G24.72 Documentation
Issued February 3, 2005
Section 24.72 of the OHS Regulation states:
The owner of every fishing vessel must provide documentation on board, readily available to crewmembers, which describes (...)
(b) vessel characteristics, including stability.
Prevention Policy R24.72-1 states:
Under section 24.72(b), the owner must give notice of unique features of the vessel which might not otherwise be known to a new master and crew and which might cause hazards in certain situations if the boat is not properly handled. This includes instructions on how to perform operations on the vessel without impairing its stability and seaworthiness.
This guideline sets out what information should be set out in the on-board documentation, required under OHSR s. 24.72(b), with respect to description of vessel stability characteristics.
When required
As noted in Policy R24.72-1, it is essential that the master and crew of a fishing vessel be provided instruction on how to perform operations on the vessel without impairing its stability and seaworthiness, particularly where there may be unique features or characteristics to the vessel which they may not be aware of.
Content of On-Board documentation
It is imperative that on-board documentation provide meaningful and detailed information with respect to vessel characteristics, and in particular vessel stability. On-board documentation respecting vessel characteristics should therefore be created and updated in accordance with vessel stability tests. On-board documentation should contain appropriate information relative to loading under each of the conditions for which results obtained from the inclining experiment have been developed (see Guideline G24.70). The documentation should also address, in accordance with Policy R24.70-1, the effect on the vessel's stability of the following:
- Construction and structure of the vessel;
- Machinery and equipment on the vessel;
- Load being carried, including fresh water, catch, cargo, skiffs, equipment, fuel containers and supplies, and the distribution of the load on the vessel;
- Place or places to which the vessel will be voyaging; and
- Weather and sea conditions that the vessel is likely to encounter.
Owners should consider including a load chart, load matrix, loading condition sheet, electronic loading software or other similar instruction as part of the on-board documentation.
In addition, for vessels of open construction (as described in Guideline G24.70), on-board documentation should include documentation or data used to establish the load line, and should clearly indicate how to use the load mark to establish safe load and operating limitations.
With respect to trap vessels, which have specific risks because they often carry large weights up high which can adversely affect the vessel's stability, on-board documentation should specify the maximum number and size of traps carried, as well as their stowage location and configuration during transport, while fishing under the various anticipated loading and operating conditions.
It is crucial in all circumstances that on-board documentation accurately reflect the vessel's typical loading condition and modes of operation, and the effect on the vessel's stability of such factors as:
- Stowage and placement of equipment and cargo;
- Use of on-board cranes or other hoisting equipment;
- The effect of and limits to side loading operations;
- Towage of nets, skiffs or other vessels;
- Gear deployment and retrieval practices;
- Weather and sea conditions.
The documentation should clearly state that it is unsafe for the vessel to sail if it is loaded outside of its stability limitations.
The documentation describing the stability characteristics of the vessel must be presented in a format that is readily understandable by the vessel master and crew.
It is recommended that Transport Canada Marine be consulted in order to obtain complete information on creating on-board stability documentation.
Enforcement
Where a vessel lacks stability documentation required under OHSR s. 24.72(b), a board officer may issue an order citing the violation requiring a compliance plan. Should the vessel owner fail to comply with the order, enforcement may include additional orders, warning letters, penalties or prosecution.
Where the officer has reasonable grounds to believe that the vessel's lack of on-board documentation presents an immediate danger to its crew, the officer may issue a stop work order (see Workers Compensation Act s. 191). The stop work order would prohibit the vessel from sailing until appropriate documentation is available indicating the safe operating limitations for the planned voyage, and the master and crew are adequately instructed.
G24.76 Vessel preparation
Issued February 3, 2005
Section 24.76 of the OHS Regulation states that:
Before leaving on a voyage the master must ensure that the fishing vessel is capable of safely making the passage, due consideration being given to
(a) the seaworthiness of the vessel,
(b) the stowage and securing of all cargo, skiffs, equipment, fuel containers and supplies,
(c) ballasting, and
(d) present and forecast weather conditions.
Prevention Policy R24.76-1 states:
Section 24.76 imposes an obligation on the master to consider the vessel's seaworthiness in relation to the particular voyage being planned. Section 24.76 recognizes that a vessel may be seaworthy for voyages to some places, such as on a river, but not voyages to other places, such as the open sea.
The guideline outlines factors a master should consider in ensuring the fishing vessel is capable of safely making a voyage, in accordance with OHSR s. 24.76.
Certification, navigation and construction of fishing vessels is under the jurisdiction of Transport Canada. Reference should be made to the regulations, policies and best practices established by Transport Canada.
Seaworthiness
"Seaworthiness" is discussed in Guideline G24.70, and relates to the construction, structure and stability of the vessel.
Poor seaworthiness of vessels, in particular with respect to stability, has resulted in many accidents leading to fatalities. Many accidents could have been prevented if operators had taken proper precautions and heeded warning signs regarding the possible lack of seaworthiness of their vessels.
The master should carefully review the on-board documentation provided by the owner (see Guideline G24.72), and determine any operating limitations for the planned voyage.
In addition, the following should be verified by the master prior to any voyage:
- The vessel's roll is normal;
- List is minimized and trim angle is appropriate;
- Freeboard is adequate;
- Free surface (the movement of liquid side to side, which can cause the vessel's centre of gravity to shift) is minimized;
- The vessel possesses adequate water and weather tight integrity.
Loading
The master should also carefully consider, with regard to the on-board documentation provided by the owner, the loading of the vessel at various stages of the voyage. Consideration should be given to:
- the type of load to be carried by the vessel;
- potential overloading of the vessel;
- appropriate distribution of the load;
- securing of loads;
- anticipated use of on board cranes or other hoisting equipment;
- anticipated side load such as side lifting of fishing gear or the tow points of skiffs.
The master should also anticipate external forces that the vessel will encounter during the voyage, including wind, icing and sea conditions.
Transport Canada publishes the following useful guides which provide additional information on fishing vessel safety:
- Manual of Safety and Health for Fishermen (TP 1283)
- An Introduction to Fishing Vessel Stability (TP 8161)
- Small Fishing Vessel Safety Manual (TP 10038)
The Board has also published Gearing Up For Safety, which provides advice on the safe operation of fishing vessels. In addition, the U.S. Coast Guard publication A Best Practices Guide to Vessel Stability: Guiding Fishermen Safely into the Future offers some useful advice on maintaining fishing vessel stability.
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Disclaimer: The Worker and Employer Services Division issues Guidelines to help with the application and interpretation of sections of the Occupational Health and Safety Regulation and with divisions of the Workers Compensation Act that relate to health and safety. Guidelines are not intended to provide exclusive interpretations but to assist with compliance. WorkSafeBC ("Workers' Compensation Board of B.C.") does not warrant the accuracy or the completeness of the online version of the Guidelines and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any persons for any loss or damage of any nature, whether arising out of negligence or otherwise, which may be occasioned as a result of the use of the online version of the Guidelines.