Razor clam trial: annual report 2023-2024

4. Health and Safety Executive (HSE)

Over the course of the period stated above, HSE have continued to work in collaboration with key industry stakeholders to ensure that continued compliance of the Diving at Work Regulations 1997 (DWR 1997) has been maintained during any planned diving operations. HSE diving inspectors have continued to conduct proactive inspections of duty holders engaged in the trial at various locations throughout Scotland. On one occasion this resulted in enforcement action being taken against a duty holder in regard to several of breaches of the DWR 1997. The duty holder on this occasion addressed the issues identified and no further action was required.

A joint operation with Marine Directorate’s inshore protection programme and HSE diving inspectors was arranged to conduct an unannounced inspection of a duty holder while at sea. This resulted in enforcement action being taken because the diving contractor failed to ensure the standby diver was dressed at immediate readiness to enter the water should an emergency occur. Following the enforcement, the aforesaid issue was addressed immediately, and no further action was required.

As with any enforcement action taken against or issued to the diving contractors engaged in the trial, discussions with the Marine Directorate are always conducted at the time in order to ensure transparency between both parties.

HSE diving inspectors will continue to conduct planned and unannounced inspections of all diving contractors engaged in the electrofishing trial.

Overall, there is a high degree of confidence that diving operations are generally compliant.