Commercial diving projects inland/inshore - Health and Safety ...

Regulation 5
Diving contractors
Regulation (1) Noperson atwork shalldive ina divingprojectand no employer shall
employ anyperson in such aproject unless thereisonepersonandone person only
who is the divingcontractorfor thatproject.
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(2) The divingcontractor shall, subject to paragraph (3), be theperson
who -
(a) is the employerofthediverordivers engaged in thedivingproject; or
(b) dives in the divingprojectasa self-employeddiver.
(3) Where there is more than one personfalling withinparagraph (2) those
persons shalljointly appointin writing before the commencementof the divingproject
one ofthemselvesto act as diving contractor.
ACOP 30 The Diving Regulations require that one person (see paragraph25
fordefinition) is identifiedas the diving contractor for each diving
project. Themaindutiesunder the Diving Regulations are placedon
the diving contractor.The diving contractor will normally bethe
employerof the divers engaged inthe diving project.
Regulation 6
31 Where the clientengages more than one employerofdivers or
self-employed diver for the diving project,itmust be establishedand
recordedin writingwho will bethe diving contractor for thatproject.
Regulation (1) The divingcontractor shallensure, sofaras is reasonably practicable,
that thedivingproject isplanned, managedandconducted in a manner which
protects the health andsafety ofallpersons takingpart in that project.
(3) The divingcontractor shall-
(d) ensure,sofaras reasonablypracticable, that any persontakingpart in
the divingprojectcomplieswith the requirementsandprohibitions
imposed on him by or under the relevant statutoryprovisions and
observestheprovisions ofthe divingprojectplan;
(e) ensure thata record containingthe requiredparticularsiskeptforeach
6(1),(3)(d),(e) divingoperation;
ACOP 32 The divingcontractor's responsibilities are to ensure that:
6(1),(3)(d),(e)
(a) thedivingprojectis properlyand safely managed;
(b) risk assessments havebeen carried out (see section 'Diving
projectplanand risk assessment');
(c) theplace from which the diving is to be carried outis suitableand
safe;
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