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

Regulations

Commercial Diving Regulations, 2022

13. Duties of employer

 

Before the commencement of a diving project, an employer must—

 

(a) provide and demonstrate to the client proof of registration as a commercial diving contractor with competency for the diving operation being planned;

 

(b) provide and demonstrate to the client that the health and safety specifications contemplated in regulation 12(1) have been incorporated into the risk assessment, and that adequate provision is made for the cost of health and safety measures;

 

(c) open and keep on site a health and safety file and all other documentation required in terms of the Act and applicable regulations, which must be made available on request to an inspector, the client or the client's representative;

 

(d) ensure that all employees taking part in the diving project are in possession of their registration documents and able to provide a copy to an inspector upon request;

 

(e) ensure that all employees requiring a valid medical certificate of fitness or medical certificate of fitness to dive in terms of regulation 8 have such a certificate and are able to provide a copy to an inspector upon request;

 

(f) ensure that 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;

 

(g) appoint, in writing, a commercial diving supervisor with appropriate levels of experience and competency to supervise the diving operation;

 

(h) provide the appointed commercial diving supervisor with a copy of the operations manual and relevant procedures for the intended operation;

 

(i) ensure that the required number of registered, competent employees, as contemplated in Annexure D, are appointed in writing to carry out the diving project and any necessary associated action, including the provision of first aid, is carried out safely and without risk to health;

 

(j) ensure that plant and machinery are available to carry out both the diving project and any action without risk to the health and safety of all persons involved in the diving project;

 

(k) ensure that any employee taking part in the diving project carries out all responsibilities contemplated in these regulations;

 

(I) ensure that a diving operations record, containing the minimum required particulars, as contemplated in Annexure B, is completed within 24 hours of completion of a diving operation;

 

(m) engage the services  of a designated  medical practitioner to fulfil the duties contemplated in regulations 7(3) and 8; and

 

(n) ensure  that,  for  an  intended  saturation  diving  operation,  a  recompression chamber evacuation plan is in place, suitably equipped and manned.