The client is the person or company who has entered into a contract with a diving contractor for a diving project. The Client will usually be the operator or owner of a proposed or existing worksite where diving work is going to take place or a contractor acting on behalf of the operator or owner. If the client appoints an on-site representative then such a person should have the necessary experience and knowledge to be competent for this task. The following are examples of persons who may be representatives of the client:
| • |
The installation or site manager who is responsible for the area inside which diving work is to take place. |
| • |
The master of a vessel from which diving work is to take place who controls the vessel and who has overall responsibility for the safety of the vessel and all personnel on it. |
| 3.1.1 |
Duties of the client |
In terms of Regulation 3, a client (or his designated representative) shall be responsible for the following:
| (a) |
to prepare a documented health and safety specification for the diving work, and provide any diving contractor who is making a bid or appointed to perform diving work for the client with the same; |
| (b) |
to promptly provide the diving contractor and his or her agent with any information which might materially affect the health and safety of any person at work carrying out diving work; |
| (c) |
to appoint each diving contractor in writing for the project or part thereof on a dive site; |
| (d) |
to take reasonable steps to ensure that approved health and safety policies are implemented and maintained on the dive site: Provided that the steps taken shall include periodic audits at intervals mutually agreed upon between the client and diving contractor, but at least once per month; A record of these audits must be available for inspection. |
| (e) |
to stop any diving contractor from executing diving work which is not in accordance with the principal contractors health and safety specifications for the site or which poses a threat to the health and safety of any persons; |
| (f) |
to ensure that where changes are brought about, sufficient health and safety information and appropriate resources are made available to the diving contractor to execute the work safely; |
| (g) |
to ensure that every diving contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer prior to work commencing on the dive site; and |
| (h) |
to ensure that potential diving contractors submitting tenders, have made provision for the cost of health and safety measures during the diving project. |
| 3.1.2 |
Contractual requirements |
The contract shall ensure that the following responsibilities are accepted by the Client:
| • |
Agreeing to provide facilities and extend all reasonable support to the Diving Contractor or supervisor in the event of an emergency. The diving contractor must ensure that details of the matters agreed are recorded as part of the planning for the project. |
| • |
Considering whether any underwater or above -water items of plant or equipment under their control may cause a hazard to the diving team. Such items include water intakes or discharge points causing suction or turbulence, vent valve mechanisms that may activate without warning, propellers and sea chests of vessels, or equipment liable to start operating automatically. The diving contractor will need to be informed of the location and exact operational details of such items in writing and in sufficient time to account for them in the risk assessments. |
| • |
Ensuring that sufficient time and facilities are made available to the diving contractor at the commencement of the project in order to carry out all necessary site -specific safety and familiarization training. |
| • |
Ensuring that other activities in the vicinity do not affect the safety of the diving operation. They may, for example, need to arrange for the suspension of tugboat activity, vessel unloading, overhead scaffolding work, etc. |
| • |
Ensure that a formal control system, for example m a permit -to -work & rock out system, exists between the diving team, the installation manager and/or the vessel's master. |
| • |
Providing the diving contractor with details of any possible substance likely to be encountered by the diving team that would be a hazard to their health, e.g. chemicals in a plant's tank, sewage or waste in a dam, etc. They will also need to provide relevant material safety data sheets for these substances. This information will need to be provided in writing and in sufficient time to allow the diving contractor to carry out the relevant risk assessments. |
| • |
Keeping the diving supervisor informed of any changes that may affect the diving operation, e.g. vessel movements, deteriorating weather, valves opening, etc. |
The Client will need to ensure, as far as it is reasonably practicable, that any diving contractor contracted for the diving work has the appropriate plant and equipment and diving equipment, the minimum dive team as specified in the Regulations and operating procedures to meet any relevant regulations before work begins.
| 3.1.3 |
Client and Diving Contractor relationships |
Responsibilities and liabilities of the client and the contractor must be clearly defined.
A client may appoint an agent in writing to act as his or her representative and where such an appointment is made, the responsibilities as are imposed by the regulations and the Code of Practice upon a client, shall as far as reasonably practicable apply to the person so appointed.
No client shall appoint any person as his agent, unless the client is reasonably satisfied that the person he or she intends to appoint has the necessary competencies and resources to perform the duties imposed on a client by the regulations and the Code of Practice.
South African Institute for Drug Free Sport Act, 1997
