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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Diving Regulations, 2009

4. Diving contractor

 

1) No person at work may dive in a diving project and no contractor may employ any person in such a diving project unless the client has appointed a single diving contractor for that diving project.

 

2) If no diving contractor is appointed as contemplated in subregulation (1), the client must perform the functions of a diving contractor in accordance with these Regulations

 

3) The duties of a diving contractor are to ensure that as far as it is reasonably practicable-
a) the diving project is planned, managed and conducted in a manner which protects the health and safety of all persons taking part in that diving project;
b) before the commencement of the diving project, a diving project plan is prepared in respect of that project in accordance with regulation 5, and that the plan Is thereafter updated as necessary during the continuance of the project;
c) before the commencement of any diving operation-
i) subject to regulations 7, 9, 11 and 14 a person is appointed in writing to supervise that operation; and
ii) the person contemplated in subparagraph (i) is supplied with a copy of the diving project plan;
d) the required number of competent people are appointed to carry out, safely and without risk to health, the diving project and any action, including the application of first-aid, which may be necessary in the event of a reasonably foreseeable emergency connected with the diving project;
e) equipment is available to carry out both the diving project and any action without risk to health and safety, including the application of first-aid, which may be necessary in the event of a reasonably foreseeable emergency connected with the diving project;
f) the equipment contemplated in subparagraph (a) is maintained in a safe working condition;
g) that any person taking part in the diving project complies with the requirements and prohibitions imposed on him or her by or under the relevant statutory provisions and observes the provisions of the diving project plan; and
h) a diving operations record containing the minimum required particulars contemplated in Annexure B is completed within 24 hours of completion of a diving operation and kept for each diving operation for a minimum of two years.

 

4) The appointment of a diving contractor does not relieve the client of any duty imposed on him or her by the Act.

 

5) The appointment of any subcontractors does not relieve the diving contractor of any duty imposed on him or her by the Act.