Note: This is an open letter to the Diving Industry in Ontario.

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July 9, 2004

Dear Stakeholder,

 

In June 2004, the government amended the Regulation for Diving Operations under the Occupational Health and Safety Act.

The amendments strengthen the worker training requirements for occupational diving operations covered by the Regulation. The Regulation now requires workers and supervisors involved in diving operations covered by the Regulation to be trained to a level of competency equal to or exceeding the Canadian Standards Association (CSA) standard Z275.4-02 - Competency Standard for Diving Operations.


This amendment originated with a request from the commercial diving industry, and follows stakeholder and public consultations carried out in the summer of 2003. By adopting the CSA standard for competency the amendment also implements a recommendation from a 2000 Coroner’s Jury into .a 1998 diving fatality.


This change will enhance worker safety during occupational diving operations covered by the Regulation. The change is also consistent with an emerging national consensus to adopt the CSA competency standard and will facilitate labour mobility across national jurisdictions.


Minor technical amendments were also included to:

substitute an outdated reference to the former “Ministry of Consumer and Commercial Relations, Technical Standards Division”, with a proper reference to the ‘Technical Standards and Safety Authority’;

clarify that the regulation does not apply to any aspect of recreational diving, and; allow MOL to develop and designate appropriat lectronic means for accepting oral notices required by the Regulation.

Copies of the amended Diving Operations Regulation are available on the internet at www.e-laws.gov.on.ca under the Occupational Health and Safety Act, and printed copies will be made available as inserts for the Diving Operations Regulation “green book” at government bookstores. CSA Standard Z275.4 - 02 Competency Standard for Diving Operations may be purchased online from the Canadian Standards Association web site at www.csa.ca.

Please see the attached document for commonly asked Questions and Answers.

Further questions or comments may be directed to:

Bob Landry, Diving Specialist

Tel: 416-931-6552

e-mail: Bob. Landry@ mol.gov.on.ca

 

Please feel free to share the information in this letter and the attached document with any interested party.


Yours truly,

John Vander Doelen Director


Amendments to the Regulation for Diving Operations under the Occupational Health

and Safety Act (OHSA)

Questions and Answers


01: What is the regulatory amendment about?

The amendment requires workers and supervisors involved in commercial diving operations covered by the Regulation to be trained in accordance with the Canadian Standards Association (CSA) Standard Z275.4 -02 Competency Standard for Diving Operations.


Other parts of the amendment:


Clarify that recreational diving operations are exempt from the Diving Regulation, and Allow oral Notices required under the Diving Regulation to be submitted to the Ministry of Labour by electronic means.


Q2: Why was the Regulation amended?

Adopting the CSA standards for training ensures a high standard of health and safety training for commercial divers in Ontario, consistent with standards across the country.

The amendment requires workers and supervisors involved in commercial diving operations covered by the Regulation to be trained in accordance with the CSA Standard Z275.4 -02 Competency Standard for Diving Operations.


This amendment implements a Coroner’s Jury Recommendation to adopt the CSA Standard Z275.4 -02 for training, arising from an inquest into the fatality of a police diver.


The changes improve worker safety and level the industry’s playing field.


The changes also facilitate occupational mobility of commercial divers, since most other provinces and territories have either already adopted the Standard or are planning to do so. Commercial divers have told us that this mobility is important to their profession.


Q3: Was the Ontario Commercial Diving Trade Labour-Management Health and Safety Committee involved in this amendment?

Yes. The Ontario Commercial Diving Trade Labour-Management Health and Safety Committee advises the Ministry of Labour on issues dealing with commercial diving, and consists of both employers and commercial divers. The committee supports these changes.

04: How was the diving sector consulted on these changes?

A 30-day focused consultation was held with the diving industry on the proposed amendment last year (Summer 2003).

The proposed regulation was mailed to over 80 diving stakeholders. It was also posted on the Ministry’s web site.

 

05: Where could commercial divers obtain the necessary certification?

Most commercial divers already have certification showing that they meet the competency requirements of the CSA Standard Z275.4 -02, such as the Divers’ Certification Board of Canada, or other certification from a recognized diving competency auditor.

An experienced diver without certification may be able to hire a recognized diving competency auditor to assess his or her skills and issue a certificate, or may go to a diving school to have his or her competency assessment.


Some divers, particularly those new to the industry, may have to take courses at an accredited training school that trains to a level equal to or exceeding the CSA Standard Z275.4 -02.


06: Does the Standard apply to scientific dives?

Yes. The Regulation now requires competency “equal to or exceeding” the competency requirements of the Standard. Although the CSA Standard Z275.4 -02 itself exempts scientific diving, the Ministry of Labour will expect paid scientific divers to be able to show a certificate reflecting competency “equal to or exceeding” the requirements set out in the Standard for the types of dives they undertake. The Ministry of Labour is working on equivalency and enforcement issues with the Canadian Association for Underwater Science.

07: How may I obtain a copy of the Regulation and the standard?

A copy of the Regulation is posted on the Government of Ontario’s e-Laws web site at: htti ://www.e-laws.gov.on.ca. It will also be available at government bookstores.

To purchase a copy of the CSA Standard Z275.4 -02 online, visit their site at www.csa.ca. You may also order by phone at 1-800-463-6727.

08: When will the new amendments to the Regulation come into effect?

The amendments became law upon filing with the Registrar of Regulations on June 3, 2004. They are now enforceable.

 

09: Who enforces this Regulation?

The Diving Operations Regulation is enacted under the Occupational Health and Safety Act of Ontario. The Ministry of Labour’s diving inspectors enforce the Diving Operations Regulation.

010: How will the competency requirements be enforced, and what are the penalties for contravention?

The Ministry will recognize certification of competency issued by the Diver Certification Board of Canada (DCBC) as validation of the diver’s competency as per CSA Z275.4-02. MOL will also accept certification from other programs that meet or exceed the CSA Standard.

Divers who do not possess DCBC certification or other certification suitable for the work they are doing will be required to prove competency as per the CSA Standard Z275.4 -02 by undergoing an assessment by a recognized diving competency auditor.


Where a worker is found to be in non-compliance, MOL diving inspectors may issue time compliance orders to a dive company to submit an assessment plan. It is anticipated that the orders will not provide for a common fixed compliance time across the industry, as a number of factors may affect a suitable length of time a dive company would need to obtain an assessment. The order could provide that the worker may continue to work as a diver during this period under specified conditions.


Under the order, if after an assessment a diver is found not to have competency equal to or exceeding that set out in the Standard suitable for the work they are doing, then that diver may not carry out such work as a commercial or paid scientific diver. Only after the diver has the training or experience as specified in the CSA Standard Z275.4 -02, may he or she undertake that type of diving work for commercial or paid scientific purposes.


MOL enforces the Occupational Health and Safety Act and its regulations, including the Diving Operations Regulation, through the use of compliance orders, and prosecutions if warranted. Under the Occupational Health and Safety Act, an’individual convicted of an offence may be fined up to $25,000, imprisoned up to twelve months, or both. A corporation may be fined up to $500,000.