The Diving at Work Regulations (Northern Ireland) 2005

Duties of diving contractor

6.—(1) The diving contractor shall ensure, so far as is reasonably practicable, 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 project.

(2) The diving contractor shall –

(a) ensure that, before the commencement of the diving project, a diving project plan is prepared in respect of that project in accordance with regulation 8 and that the plan is thereafter updated as necessary during the continuance of the project;

(b) before the commencement of any diving operation –

(i) appoint a person to supervise that operation in accordance with regulation 9;

(ii) make a written record of that appointment; and

(iii) ensure that the person appointed is supplied with a copy of any part of the diving project plan which relates to that operation;

(c) as soon as possible after the appointment of a supervisor, provide that supervisor with a written record of his appointment.

(3) The diving contractor shall –

(a) ensure that there are sufficient people with suitable competence to carry out safely and without risk to health both the diving project and any action (including the giving of first-aid) which may be necessary in the event of a reasonably foreseeable emergency connected with the diving project;

(b) ensure that suitable and sufficient plant is available whenever needed to carry out safely and without risk to health both the diving project and any action (including the giving of first-aid) which may be necessary in the event of a reasonably foreseeable emergency connected with the diving project;

(c) ensure that the plant made available under sub-paragraph (b) is maintained in a safe working condition;

(d) ensure, so far as reasonably practicable, that any person taking part in the diving project complies with the requirements and prohibitions imposed on him by or under the relevant statutory provisions and observes the provisions of the diving project plan;

(e) ensure that a record containing the required particulars is kept for each diving operation; and

(f) retain the diving operation record in his possession for at least two years after the date of the last entry in it.

(4) In this regulation, the “required particulars” means such particulars as are approved for the time being in writing by the Executive for the purposes of sub-paragraph 3(e); and any such approval may be given generally or in respect of any diving project or class of diving projects.