The Ministry of Labour wants to ensure that qualified and competent divers are being used by all insurance companies to recover submerged property and that insurance companies are aware of their responsibility to notify the ministry of a diving operation. Failure to comply creates the potential for a serious accident.
Wherever diving operations are being conducted for an insurance company and the Regulations for Diving Operations apply.
The insurance company would be considered either the "employer" or the "owner" depending on the contractual arrangement. As the "employer" or the "owner" the company has very specific obligations to ensure that the diving crew are competent and that the ministry is properly notified of the operation.
As the "employer" or "owner", the insurance company must ensure that "one or more competent persons are appointed as diving supervisors for the diving operation".
According to the Occupational Health and Safety Act a competent person "means a person who,
In addition, the Regulation for Diving Operations states there must be a minimum of three competent members of the dive team–a diver, a standby diver and a diving tender. All divers must have undergone a medical examination during the 24 month period preceding the dive and carry a written statement from a doctor that states the diver is fit for occupational diving.
The insurance company must notify the Ministry of Labour about the proposed dive before the diving operation commences by either faxing a completed "Notice for Commercial Diving Operations" form to the ministry or verbally advising the appropriate staff of the dive. (The form is available at the ministry office.)
John Mitchell,
Provincial Diving Specialist:
347 Preston Street, 4th Floor
Ottawa, Ontario K1S 3J4
Tel: 1-800-267-1916 / 613-727-2893
Fax: 613-727-2900
Russell Blissett,
Diving Specialist:
155 Frobisher Drive, Unit G213
Waterloo ON N2V 2E1
Tel: 1-800-265-2468 / 519-885-3378
Fax: 519-883-5694
This Ministry of Labour Alert has no legal effect and does not constitute and is not a substitute for legal advice. If you require specific assistance with respect to the interpretation of a legislative provision and its potential application to you please contact your legal counsel.
Remember that while complying with occupational health and safety laws, you are also required to comply with applicable environmental laws.
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