Electrofishing for razor clams: scientific trial update - 1 February 2022 to 31 January 2023

4. Health and Safety Executive (HSE)

During year five of the trial, the revised Commercial Shellfish Diving in Inshore Water guidance was accepted in this diving sector and dive contractors are now familiar with the document. The guidance offers new and up to date advice on how to comply with the Diving at Work Regulations.

HSE continued to work in collaboration with key industry stakeholders. The revised guidance and changes in the way diving operations are planned, managed and conducted have helped secure a change in practice that substantially improves risk control. In reviewing and updating guidance and protocols, it has contributed to significantly reducing the risk of injury or death to commercial divers working in the scientific trial.

To ensure the new guidance had bedded in, a new round of proactive inspections was conducted in this trial year. This consisted of a combination of announced office inspections and unannounced inspections where HSE diving inspectors board vessels at sea with the assistance of MD British Sea Fishery Officers (BSFO).

During the course of this trial year, there was a very serious health and safety incident during an electrofishing diving operation. As the HSE is the regulatory authority for diving, they had primarily within the initial investigation. The MD assisted with their investigation in providing all relevant and requested information. On completion of the HSE investigation, a report was submitted to the Crown Office and Procurator Fiscal Service. The HSE investigation did not impact on the right of the MD to take enforcement or administrative action on behalf of Scottish Government, in accordance with the terms and conditions of the trial.