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

Regulations

Commercial Diving Regulations, 2022

1. Definitions

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In these regulations, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context otherwise indicates—

 

"air"

means normal compressed air suitable for breathing while diving;

 

"airline diving"

means diving with the use of diving plant and machinery comprising an air supply, airline, diver safety harness, demand regulator or full face mask;

 

"air scuba"

means a self-contained underwater breathing apparatus in which the supply of breathing gas carried by the diver is independent of any other source;

[Definition inserted by Notice No. R. 2692 of GG47413, dated 31 October 2022]

 

"benign conditions"

means a tank or pool artificially constructed for the purpose of swimming or diving or for use as an aquarium or for aquaculture, where—

(a)the diver is in full view from the surface or viewing windows at all times;
(b)there is no significant risk of entanglement or entrapment; and
(c)the water depth does not exceed 8 m;

 

"Chief Director: Provincial Operations"

means the provincial director as defined in regulation 1 of the General Administrative Regulations, 2003, published  as Government Notice R. 929 in Government Gazette No. 25129 of 25 June 2003;

 

"class I commercial diver"

means a registered saturation commercial diver who is competent in all aspects of saturation and bell diving;

 

"class II commercial diver"

means a registered commercial diver who is competent in all aspects of air diving using surface supplied diving plant and machinery with an open bell or diving stage, to a maximum depth of 50 m; and

 

"class II commercial  diver  (m)"

means  a  registered  commercial  diver  who  is competent in all aspects of mixed gas diving using surface supplied diving plant and machinery, with an open bell or diving stage, excluding saturation diving, to a maximum depth of 75 m;

 

"class III commercial diver"

means a registered commercial diver who is competent in all aspects of air diving using surface supplied diving plant and machinery, to a maximum depth 30 m;

 

"class IV commercial diver"

means a registered commercial diver who is competent in all aspects of air diving using commercial scuba, to a maximum depth of 30 m;

[Definition substituted by Notice No. R. 2692 of GG47413, dated 31 October 2022]

 

"class V commercial diver"

means a registered commercial scientific diver who is competent in air scuba diving and may dive under the code of practice for scientific diving, to a depth not exceeding 30 m;

[Definition substituted by Notice No. R. 2692 of GG47413, dated 31 October 2022]

 

"class VI commercial diver"

means a registered commercial diver who is competent in air scuba diving and may dive under the code of practice for diving in benign conditions, to a depth not exceeding 8 m;

 

"client"

means a person or organisation for whom a diving project is performed;

 

"code of practice"

means a document of best practice incorporated under these regulations;

 

"commercial diver"

means a person registered as a diver in any of the classes listed in these regulations or who has an international qualification recognised by the chief inspector;

 

"commercial diving operation"

begins when the first diver who takes part in the operation starts to prepare to dive under the instruction of the supervisor and ends when the last diver who took part in the operation leaves the water, any other liquid or pressurised environment in which the dive took place and has completed any necessary decompression procedures;

 

"commercial scuba"

means a self-contained underwater breathing apparatus consisting of a full face mask, cylinder, bail out cylinder, switching block, life line and voice communications;

[Definition inserted by Notice No. R. 2692 of GG47413, dated 31 October 2022]

 

"compensation fund"

means the compensation fund as defined in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);

 

"competent person"

means a person who has in respect of the work or task to be performed the required knowledge, training and experience and, where applicable, qualifications specific to commercial diving operations and is familiar with the Act and the applicable regulations made under the Act;

 

"designated medical practitioner"

means an occupational medicine practitioner registered with the Health Professions Council of South Africa (HPCSA), who has completed a course in underwater medicine through an organisation recognised by the chief inspector;

 

"dive"

means entering water or any other liquid, or a pressurised environment in which a person is subjected to pressure greater than 100 millibars above atmospheric pressure, where, in order to survive in such an environment, a person breathes air or other gas at pressure greater than atmospheric pressure;

 

"diving apparatus"

means plant and machinery that can enable a person to breathe while diving;

 

"diving operations record"

means the record containing the required particulars for each diving operation set out in Annexure B;

 

"diving project"

means any activity made up of one or  more commercial diving operations;

 

"diving supervisor"

means a person registered as a diving supervisor in any of the classes listed in these regulations, who has adequate practical and theoretical knowledge and experience of the diving techniques to be used;

 

"diving system"

means all plant and machinery required to be readily available in support of a commercial diving operation;

 

"Diving Technical Committee"

means a Committee established in terms of regulation 24;

 

"IMCA"

means International Marine Contractors Association;

 

"inshore commercial diving"

means  commercial  diving  operations  within  the 12 nautical mile limit of territorial waters and inland waters in which the full range of national legislation applies;

 

"instructor"

means a person registered as an instructor in any of the classes listed in these regulations, who has adequate practical and theoretical knowledge and experience of the diving techniques to be used;

 

"life-support supervisor"

means a life-support technician appointed by the employer to supervise life-support operations;

 

"life-support technician"

means a person trained in the physics, physiology, medical and technical aspects of supporting life in high pressure environments;

 

"line attendant"

means a person appointed in writing to tender a diver's lifeline or umbilical during a dive and who  is not necessarily a registered diver, but must be trained and have been assessed as competent for the task by the employer;

 

"logbook"

means a book in a form compliant with the requirements contemplated in Annexure A whereby daily dives are recorded and which must be signed by both the diver and the supervisor;

 

"medical certificate of fitness"

means a certificate of fitness issued by a designated medical practitioner and logged on the online fitness registry, certifying that the holder is medically fit, and is valid for a maximum period of 24 months;

 

"medical certificate of fitness to dive"

means a certificate of fitness issued by a designated medical practitioner and logged on the online fitness registry, certifying that the holder is medically fit to dive, and is valid for a maximum period of 12 months;

 

"mixed  gas"

means a combination of gases, including oxygen, blended for the purpose of breathing during commercial diving operations;

 

"offshore diving"

means commercial diving operations in international waters, specifically beyond the 12 nautical mile territorial limit;

 

"operations manual"

means the document containing standard operating procedures and policies covering the full range of the commercial diving techniques of the employer, including contingency and emergency procedures, and health and safety requirements in accordance with the Act, applicable regulations and incorporated codes of practice;

 

"recompression chamber"

means a pressure plant and machinery for human occupation having internal dimensions sufficient to accommodate at least one diver lying in a horizontal position, as well as one other person, and which allows the ingress and egress of personnel while the occupants are under pressure;

 

"recompression chamber operator"

means a person registered as a chamber operator, who is competent to operate an occupied air-diving chamber;

 

"registered commercial diving contractor"

means an employer who employs commercial divers;

 

"registered commercial diving school"

means an institution registered by the chief inspector to train learner dive supervisors and learner commercial divers to the standards published in terms of these regulations;

 

"scuba"

[Definition deleted by Notice No. R. 2692 of GG47413, dated 31 October 2022]

 

"standby diver"

means a commercial diver who is medically fit to dive, fully qualified, dressed and ready immediately to dive the maximum depth required by the particular commercial diving operation, and who is not prevented from diving by an excess of inert gas in his system;

 

"territorial waters"

means the territorial waters as defined in section 4 of the Maritime Zones Act, 1994 (Act No. 15 of 1994);

 

"the Act"

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

 

"training standard"

means a document incorporated under these regulations.