Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsDiving Regulations, 20093. Client |
| (1) | A client shall be responsible for the following in order to ensure compliance with the provisions of the Act— |
| (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 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 diving site; |
| (d) | to take reasonable steps to ensure that each diving contractor's health and safety plan is implemented and maintained on the diving 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 every month; |
| (e) | to stop any contractor from executing diving work which is not in accordance with the diving contractor's health and safety plan for the site or which poses to be a threat to the health and safety of 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 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. |
| (2) | A client shall discuss and negotiate with the diving contractor the contents of the health and safety plan and thereafter finally approve the health and safety plan for implementation. |
| (3) | A client shall ensure that a copy of the diving contractor's health and safety plan is available on request to an employee, inspector or contractor. |
| (4) | No client shall appoint a diving contractor to perform diving work, unless the client is reasonably satisfied that the diving contractor that he or she intends to appoint has the necessary competencies and resources to carry out the work safely. |
| (5) | 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 these regulations upon a client, shall as far as reasonably practicable apply to the person so appointed. |
| (6) | 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 these regulations. |