It's a familiar scene. Half a dozen white vans emblazoned with dive-shop logos are parked up close to the slipway. On the grassy verge beside the lake there are piles of diving equipment: cylinders and BCs, wetsuits drying in the sun and divers in woolly bears and rubber bootees squishing across the car park to find sustenance at the hot-dog van.
     It's lunchtime on a busy Saturday at Horsea Island and more than 130 divers are using the long, narrow lake for training.
     A man stands beside one of the vans, leaning against the open passenger door as he munches a cheese sandwich and drinks from a can. On his insulated undersuit, the word "Instructor" has been stitched in crimson lettering.
     The side door of the van is open too, and inside there are piles of equipment, a jumble of spare cylinders, boxes of weights and regulators among a forest of neoprene.
     Another man approaches the van. He is dressed in casual trousers and a short-sleeved white shirt. He too has a logo stitched onto his breast. In small, discreet letters it says "HSE". I watch him greet the instructor with a smile, and a handshake.
     "Hello there, I'm Pete Sieniewicz from the Health and Safety Executive. How's the diving today?"

It is highly unusual for a journalist to be allowed to accompany an HSE Inspector on duty. However, the HSE is mounting a campaign to educate and inform the diving community about its role in ensuring diver safety.
     A rise in recreational diving accidents in the past couple of years has led it to mount something of a "blitz". Before we arrived at Horsea Island, Pete Sieniewicz had explained why recreational diving had come under the spotlight.
     "At the moment I still believe that Britain is the safest place in the world to Ôwork' as a diver," he had said. "But the recreational community is expanding, and it appears that the number of accidents involving instructors and their students may be on the rise."
     Sieniewicz is a tall, broad-chested, man with a steady gaze. He takes his job seriously, and speaks intensely about the letter and detail of the legislation surrounding health and safety regulations.
    
"I suppose I'm a bit like a traffic cop - when people see me around they slow down, and start to remember the rules. They get nervous, and think that if I find something wrong with their operation I want to close them down.
     "But that's not what it's about. Yes, as far as the HSE is concerned it's about complying with regulations, but it's also about saving lives. Diving contractors and their instructors have to realise that they have clear legal obligations when it comes to providing a safe diving environment in which they and their students work. But we want to help them achieve that through education, not just plain enforcement."

It would be a foolish diver who tried to argue the toss with Pete. As well as a background in commercial diving in the North Sea, he is a BSAC advanced instructor, a PADI course director and holds CMAS, TDI and IANTD instructor qualifications. His diving career has included a spell as training manager at Fort Bovisand and diving research work at University College, London.
     Recently he began diving with a rebreather and has logged more than 50 hours "just to familiarise myself with the equipment".
     I wonder if he ever dives purely for fun. "Oh, yes." He smiles. "I had my first dive in Freeport, Bahamas back in 1968 when I was 12, and ever since I've been hooked. I love diving, and I now have two teenage sons who are both keen."
     Enthusiastic as he is, Pete admits that it is difficult for him to dive with a commercial operation for fear of a conflict of interests. He prefers to dive from his own boat or with a group of friends.

At Horsea Island it is time to put the instructors to the test. Pete begins by asking them if they have a project plan for the day's diving, and have carried out a risk assessment for the site and prevailing conditions. Who is acting as surface support? And do they know their legal responsibilities? Can they produce a log sheet showing the names and qualifications of the divers under their control?
     In the case of the instructor beside the van, this is where it all starts to unravel.
     "Yes, we've got a log," he says, continuing to munch away at his sandwich.
     "I'd like to see it, please," says Pete.
     The instructor gropes through the loose papers covering the dashboard of the white van and eventually produces a sheet with just the Christian names of the dive students on it, and the time they entered the water.

Pete looks at the dog-eared scrap of paper for a few moments. "Let's think about how this looks," he says gently. "If something bad happened here today, how would this bit of paper look if it was impounded as evidence of how you were running this outfit? And if this sheet of paper had to appear as evidence in court, do you think it would lead people to believe that you were running things efficiently?
     "Tell me something," Pete continues, "do you have a first-aid kit and oxygen on board?"
     "Er, yes, we have." Greasy fingers are wiped on the undersuit and a hand sweeps crumbs from around the instructor's mouth.
     Another question: "Have you checked the first-aid kit?
     "Um. Not today. But I know it's in there." We all look at the back of the van.
     "Now, what about your 02 set. Have you checked it?"
     "It's in the van, I'll get it out."
     "That's not what I asked you. Have you checked it?"

The instructor looks decidedly nervous, staring into the mess that is the back of the van, back at Pete, and then back at the mess.
     "I'll tell you something," Pete adds with a smile, "when people don't tell the truth about one thing, then I start to question everything else they've told me. Have you checked the 02 set?"
     The instructor swallows hard. "No, I haven't."
     "Let's do it together," says Pete. A scramble through the contents in the back of the van eventually produces a first-aid kit which, in Pete's words, looks as if it has been "raped". Inside is a messy collection of plasters, bandages, a few painkillers and various tubes of ointment.

The 02 is also a shambles, a battered cylinder with a rusted high-pressure valve and a tangle of tubing which the instructor struggles to assemble before finally succeeding. A frank discussion ensues.
     "Tell me something," says Pete, "how is the equipment your students are diving with maintained?"
     "That's the shop's job," comes the reply. "They have someone who takes care of it."
     "How do you know that?" Pete persists.
     "I assume they do," admits the instructor with an embarrassed shrug and a slight tremor in his voice. I can't tell if it's the undersuit that's making him sweat or Pete's gentle but relentless demolition of his decidedly shaky position.
     "You do realise," Pete continues, "that if there's an accident, you'll be the one who gets asked if the equipment was in a fit state of repair. If the shop maintains it, can I suggest you ask to see a maintenance log, and some written evidence that someone somewhere is responsible for all this?"
     Pete Sieniewicz tells the instructor that he will be writing to his employers and pointing out that certain aspects of their operation seem to be short of the mark.
     He isn't coy about the issues involved. "I'm not here to make you guys feel bad, but you need to understand that when you take responsibility for a dive you are taking charge of people's lives. I've had to interview women and children in tears after a diving accident: families whose father isn't coming home because somebody cut corners. It's not pleasant.
     "And you know what? They're not the only victims - I've seen instructors' lives ruined. People lose their houses, their cars and their jobs when things go wrong. And I've seen them need psychiatric treatment afterwards."

We move on, leaving the instructor with a list of suggestions on how he can improve his risk assessments, project plans and, perhaps more crucially, tighten up his equipment checks.
     The afternoon at Horsea takes on a pattern. Pete approaches groups of divers, and introduces himself before asking if the instructor has a valid HSE medical certificate and to look at the project plan for the day's diving.
     Standing at the main jetty, he takes particular interest in a group swimming across the lake. An instructor is taking nine Open Water students on their second training dive accompanied by a Divemaster and two trainee Divemasters.

Pete tells me he is within a "hair's breadth" of pulling them all out of the water when two students break off from the group and swim back to shore. That in itself is a worry - untrained students swimming back without an instructor present. The trainee DMs are qualified divers, so there are now seven students.
     Pete leaves word that the instructor needs to speak to him when he returns.
     An hour later, I watch the ensuing interview with interest. The questions are simple but relentless:
     "Did you feel you had control over your group? What was the visibility? Could you see all of your students all of the time? Have you checked your first-aid kit? How about the O2?
     "Where's your project plan? Can you show me a letter of appointment giving you responsibility for today's activities? Have you got an HSE medical?"

By the end of the interview, and the promise of a letter to the dive-shop owner, the instructor is only too aware of his mistakes. According to his training-agency standards, he was within his rights to take nine students on the dive, but only if the conditions were suitable.
     However, he maintains that the visibility wasn't a problem. "OK, that's your call," says Pete. "But if you had an accident here today I would produce two other instructors who have told me that they estimate the viz to be less than 2 metres on the bottom. If you were the one involved in an incident, whose estimate would people believe?"
     Afterwards I approach the instructor and ask him how he felt about being checked. "I didn't mind it at all," he said. "There should be more of this sort of thing. It's going to make me a better instructor. This was the biggest class I've ever taken and I accept what the inspector said."

It is clearly slightly unnerving for most of the instructors to be examined by Pete. He has sweeping legal powers at his disposal, and a warrant card to back them up. Today he never has to produce it, as they all voluntarily comply with his requests.
     If an HSE inspector finds breaches of health and safety law, he has several options at his discretion. Today the infringements are relatively minor and will result in an informal enforcement action - a letter to the contractor telling it how to comply with the law.
     More serious breaches will merit an "Improvement Notice" - official advice that something must be done to comply with the law, accompanied by a time-scale for its implementation.
     Finally, there is the "Prohibition Notice", where an activity involves a risk of serious personal injury. Beyond this, the HSE may consider prosecution for failures to comply with any of the above.

The HSE has made it clear that it is taking the recreational diving industry seriously, and wants instructors and dive operators to repay the compliment. A glance at the figures reveals why.
     Three members of the public were killed in fatal diving incidents while under instruction in 2000 and five died last year. BSAC figures for overall sport-diving fatalities are considerably higher for both years (17 in 2000, 22 in 2001) but diving accidents where no-one was technically at work do not fall under HSE regulations - for example, where qualified divers dive for their own enjoyment without being under instruction.
     Last autumn a special effort was made by HSE inspectors to visit areas where diver training was taking place and to check up on activities in relation to the Diving at Work Regulations 1997 and the relevant Approved Code of Practice.
     That blitz resulted in 11 Prohibition Notices, two Improvement Notices and 25 informal enforcement letters. In addition to the inspection activity, last year also saw an HSE prosecution of a civilian diving instructor for breaching Section 3 (2) of the Health & Safety at Work Act. Instructor Troy Elliot was fined £1500 after the death of one of his students in Babbacombe Bay in March 2000. That is aside from any possible civil liability action.
     It's easy to see how instructors can feel intimidated by the idea of legislation and the possible consequences of taking on the responsibilities of the job.

"It's not that complicated," Pete insists. "Many of the industry guidelines go beyond the legal requirements, so if you play by the rules you will be pretty safe. But if you don't, these things will jump up and bite you. And it's not nice, believe me. If there's an accident and we get involved the investigation is really not a pleasant experience for anyone involved. It is very thorough."
     Pete Sieniewicz interviewed more than half a dozen instructors during our time at Horsea Island. They all said later that they found the experience helpful. None had been inspected by the HSE before; for some it was clearly a wake-up call.
     According to Doug Grant of Dive 69, the experience made him think carefully about several issues. "There's no doubt that there should be more spot-checks like this," he said. "I found the inspector very informative and thorough in his approach.
     Helen Power from Wittering Divers was also positive: "I haven't had any contact with the HSE until now but it's in everyone's interests that they do this sort of thing. It doesn't worry me."
     Sally Howarth of Scuba Diva was even more supportive: "I've contacted the HSE several times asking for advice about how to comply with the regulations, and they've been very helpful.
     "If the inspectors are visible on site as well, it will give more people the chance to ask questions and get things right."
     "One of the frustrating things about my job is that you never know how many lives you save," Sieniewicz told me afterwards. "But if it saves just one family from going through the stuff I've seen after a diving accident, then it's got to be worth it, hasn't it?"

It's tempting to assume that the paperwork involved in "risk assessments" and "dive planning" is just a hassle, something that gets in the way of diving. But when something goes wrong these things may become crucial evidence.
     And as Pete points out: "It's no good thinking your liability insurance will cover you, or that your professional association will bail you out. They can only help you if you stay within the industry codes of practice."

Following the inspection day, it was clear to me that someone needed to be carrying out such spot checks.
     Of the six instructors checked at Horsea Island, only two were doing what the HSE inspector called "a good job". Two were "reasonable" and two were "quite poor". As things stand, it looks as if more instructors and dive schools will need to take a careful look at how well they comply with the law.

Instructors and dive-school businesses requiring further information can contact the HSE on 08701 545500, or visit www.hse.gov.uk. The HSE produces a number of publications giving guidance on diving and how to comply with the law, including the Approved Code of Practice booklet (Recreational Diving ACOP), available from HSE Books, 01787 881165, priced £9.95.

Trainee Divemaster Ian Gourlay (left) talks to HSE Inspector Pete Sienievicz


Instructor Helen Power provides her risk assessment


"When did you last check your O2 kit?"


Sally Howarth of Scuba Diva: "Talking to the HSE is an opportunity to check that I'm doing things right."


Pete Sieniewicz has a chat with some more divers at Horsea


A busy day at Horsea, but who knows where the HSE will turn up next?


An instructor keeps an eye on trainees; he too is under scrutiny

TRAINEES - YOUR RIGHT TO KNOW If you are undergoing training with a school and are concerned about its safety measures, what can you do? The HSE's Chief Inspector of Diving, Chris Sherman, offers the following advice to novice divers before undertaking a training dive: Ask to see the Diving Project Plan. The instructor should brief the divers on its content. The plan should cover team size and the duties that some of the team will carry out. At least three people should be nominated in the plan: the "supervisor" (usually the instructor); a "person on the surface" who can summon help if required; and a "safety or rescue diver" qualified to render assistance to the supervisor if necessary. A novice diver will not usually be able to carry out this role. The pre-dive brief should cover the planned duration and the criteria for ending the dive and returning to the surface (usually time and/or cylinder pressure). It should also cover dive-abort procedures if the expected water conditions are not acceptable, and lost-diver procedures. The plan should detail the arrangements for provision of first aid and oxygen administration. The staff divers should all have an in-date HSE certificate of medical fitness to dive. Equipment servicing records should be available. If using a drysuit, adequate confined water training should be completed before open-water use.

HOW TO MAKE A RISK ASSESSMENT Anyone organising commercial recreational diving projects is required by the HSE to produce Risk Assessments. "Checking for hazards is common sense," it says in a new guide produced by the training agencies at the HSE's request. This provides examples of possible hazards (some generic, others site-specific), risks involved and possible risk-control measures: Boat propeller, risk of injury to diver Only competent skippers to operate boat. Brief boat exit and entry techniques. While on the surface all activities are controlled by the skipper. Brief divers to look and listen for boat during ascent. Advise location for safety stops. Use surface markers wherever feasible. Cold water, risk of hypothermia Choose appropriate, well-fitting exposure protection in good order; reduce dive time; monitor student divers carefully for early signs of cold; brief student divers on appropriate signals to indicate chill; prepare to exit water early if necessary; have warm clothing and shelter available at site. Cold water, risk of equipment failure/malfunction Choose appropriate equipment for the environment. Ensure that only well-maintained, regularly serviced equipment is used. Currents, risk of diver separation Agree dive plan with skipper. Buddy procedures in place. Use tide tables where appropriate. Plan to start dive against current (unless drift dive). Monitor air and diver comfort continuously. Be prepared to abort dive. Consider carrying appropriate surface detection aids. Have contingency exit points available. Debris, risk of physical injury to diver Change entry and exit sites; change dive sites; move debris; change method of entry; abort dive. Deteriorating weather, risk of injury to divers Plan dive using updated weather forecast. Have contingency site. Continuously monitor conditions prior to and during dive. Reassess student diver comfort level. Diver recall system in place. Abort dive if necessary. If diving from a boat, notify coastguard of position in advance. Fishing line, nets, kelp, obstructions, risk of panic, entrapment or entanglement, injury to diver, running out of air Ensure equipment is streamlined on all divers. Ensure buddy procedures in place. Ensure divers have diving tool/knife for cutting or attracting attention. Change site or dive plan if necessary. Low visibility, risk of diver separation leading to diver injury Reduce student-to-instructor ratios accordingly; ensure diver separation procedures are included in briefing. Abort dive if necessary. Running out of gas, risk of injury to diver Ensure cylinders are adequately filled before entering the water. Ensure cylinder valve is open. Ensure equipment is in good working order and in service. Brief divers to monitor their gas supply during dive and on emergency out-of-air procedures. Ensure all divers entering the water perform a buddy check. Trips and falls, risk of injury to diver Brief divers on how to put on and take off scuba equipment and to be aware of and look out for possible obstacles in their path while walking or moving in diving equipment. Brief divers to carry any diving equipment with caution. Wet decks, risk of injury to diver, eg slipping Brief on facility rules, eg: No running. No walking with fins on. Buddy assistance with donning and removing dive kit.