Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsCommercial Diving Regulations, 202212. Duties of client |
| (1) | The client must— |
| (a) | prepare a suitable, sufficiently documented and coherent site-specific health and safety specification for the intended diving project for integration with the employer's risk assessment; |
| (b) | include the health and safety specification in the tender documents; |
| (c) | ensure that potential employers submitting tender documents have made adequate provision for the cost of health and safety measures; |
| (d) | ensure that the employer to be appointed is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); |
| (e) | appoint, in writing, an employer who is registered with the chief inspector to perform the diving project; |
| (f) | ensure that the employer takes the prepared health and safety specification into consideration during the planning and execution of the diving project; |
| (g) | ensure that the employer carries out all responsibilities contemplated in these regulations; |
| (h) | take reasonable steps to ensure co-operation between the employer and other persons on site who may affect or be affected by the diving operation, to enable the employer to comply with these regulations; |
| (i) | ensure that an initial baseline health and safety audit and document verification is conducted before the commencement of the diving project; |
| (j) | ensure that periodic health and safety audits and document verification are conducted, at intervals mutually agreed upon with the employer; |
| (k) | ensure that a copy of the health and safety audit contemplated in paragraphs (i) and (j) is provided to the employer within seven days after the audit; |
| (I) | stop any employer from executing a diving project which poses a risk to the health and safety of persons, or which is not in accordance with the client's health and safety specifications for the site; |
| (m) | where changes are made to the diving project, make sufficient health and safety information and appropriate resources available to the employer to execute the diving project safely; and |
| (n) | ensure that the health and safety file is kept and maintained by the employer and available at the work site. |
| (2) | The client may appoint a representative, in writing, and where such an appointment is made, the responsibilities imposed by these regulations upon a client apply, as far as reasonably practicable, to the person so appointed. |
| (3) | No client may appoint any person as the client's representative unless the client is reasonably satisfied that the person that the client intends to appoint has the necessary information, instruction and training as contemplated in regulation 9, as well as the necessary competencies and resources to perform the duties imposed on a client by these regulations. |
| (4) | The appointment of an employer or representative does not relieve the client of any duty imposed on the client by the Act. |