PART XXIV UNDERWATER MINING

Parts: I - II - III - IV - V - VI - VII - VIII - IX - X - XI - XII - XIII - XIV - XV - XVI - XVII - XVIII - XIX - XX - XXI - XXII - XXIII - XXIV - XXV - XXVI - (XXVII)

PART XXIV UNDERWATER MINING

Application of these Regulations

(1) These regulations shall apply to all persons engaged in diving
operations in the territorial waters of Namibia.

(2) These regulations shall not apply to persons who do not use underwater breathing apparatus or a snorkel type apparatus.

Scheme for safe conduct of diving operations

24.1 (1) The manager shall formulate a scheme detailing the procedure to be followed and precautions to be taken to ensure the safety and health of persons employed in or at a mine engaged in diving operations.

(2) The manager shall ensure that an operation manual is made available to the diving supervisor at the diving location before commencement of a diving operation.

(3) An operation manual shall contain provisions for the safety and health of employees, including -

(a) the assignments and responsibilities of each diving team member for each diving mode used;

(b) safety procedures and checklists for each diving mode used;

(c) emergency procedures in the case of -

(i) fire;

(ii) equipment failure; or

(iii) adverse changes in environmental conditions;

(d) procedure for -

(i) emergency signaling;

(ii) emergency assistance under water and on the surface;

(iii) decompression including therapeutic recompression and decompression and the availability of compression chambers for such purposes;

(iv) first aid;

(v) obtaining medical assistance with specific reference to the need for consultation with a medical practitioner if decompression sickness should occur;

(vi) obtaining assistance from emergency services including advance liaison with those services where appropriate;

(vii) emergency evacuation of the work site;

(viii) the provision of emergency supplies.

Control of diving operations

24.2 (1) Prior to commencement of any diving operations, the manager through the appointed diving supervisor, shall ensure that : -

(a) - only in-date divers participate in diving operations;

(b) - the personnel necessary for rendering assistance to a diver, particularly those persons who may be required in case of an emergency, are on standby and that all equipment which may be required for use in case of an emergency is ready for immediate use;

(c) - persons who have been trained to operate compression chambers take charge of such chambers and remain on duty while such chambers are in use and are available while diving operations are in progress;

(d) - a diver who participates in a dive, is provided with all the necessary diving equipment in order to safeguard his or her health and safety;

(e) - a diver who participates in a dive is trained in the use of the appropriate diving equipment and is certificated to operate to the depth concerned;

(f) - all diving equipment used for any diving operation is examined and tested before use by the diving team;

(g) - the maximum bottom time of a dive, the decompression schedule and the technique to be used in any diving operation are made known to and are understood by the diving team;

(h) - the diving team has been trained with regard to the procedures to be followed in case of emergency.

(2) During the performance of any diving operations, the manager through the diving supervisor, shall ensure that : -

(a) - the diving operations are carried out safely and strictly in accordance with the scheme formulated under these regulations and that the bottom time and decompression schedule referred to in sub-regulation (1)(g) are strictly adhered to;

(b) - at least the following persons are and remain on duty at the control point on the surface of the water -

(i) a standby diver who shall be in immediate readiness to dive: provided that where two divers are in the water at the same time and are near enough to each other to communicate with and render assistance to each other in an emergency, the one may be deemed to be a standby diver for the other: provided that where a diving bell is used, the standby diver shall descend in the bell to the depth from which work is carried out and shall remain in the bell so as to be able immediately to render assistance to the diver working from the bell;

(ii) a line attendant, if a lifeline is used;

(iii) such other persons as are necessary to man any machinery and equipment which may be required during the diving operation;

(iv) at least one person who is competent to render first aid and who has a thorough knowledge of the first aid treatment to be applied and the use of all equipment used in cases of drowning, decompression sickness and other ailments associated with diving operations; and

(v) a person who is a competent life support technician when saturation or bell dives are undertaken;

(c) - no diver who on account of indisposition or physical or mental infirmity considers himself or herself unfit or who is considered unfit by the manager and / or the diving supervisor to participate in any diving operations;

(d) - each diver is able to communicate with the surface control point, except where a buddy line is used in which case at least one of the divers shall be able to communicate with the surface control point;

(e) - for all diving modes, a sufficient supply of the appropriate breathing mixture is readily available at the required pressure to provide for all the activities of the diving team for the duration of the diving operation;

(f) - all steps are taken to ensure that compressed air supplied to divers is pure;

(g) - where a diving operation is to be carried out at night -

(i) a lamp or other device is attached to the diver to indicate his or her position when he or she is on the surface, and

(ii) the place on the surface or the bell from which the diving is carried out, is illuminated: Provided that where such illumination is undesirable, it may be switched off during the diving operation;

(h) - the appropriate warning signals are given and the appropriate signs are prominently displayed while diving is in progress;

(i) - a boat is kept readily available for rescue purposes if the possibility exists that the diver may surface away from the control point in the course of a dive;

(j) - all other safety measures are taken which may be necessary for the safe execution of any particular diving operation and that the safety measures are strictly adhered to;

(k) - a record of every diving operation performed is kept, indicating the names of the divers, diving times, bottom times, depths, decompression schedules, breathing mixtures, diving equipment used and any decompression sickness or other incident relevant to the safety and health of the divers that occurred during the diving operation.

(l) - life-lines, buddy-lines and surface-makers are used: provided that if the diving supervisor considers the use of such equipment hazardous or impracticable, he or she may dispense with the use thereof;

(m) - a shot line is used when the diver is not lowered to the underwater working place by means of diving bell, unless the use of a shot line is impracticable;

(n) -for diving to or at depth exceeding 50 meters, diving stage is used, except when bell is provided: provided that a bell shall used for all diving operations at a depth exceeding 70 meters, except when a diver uses standard diving dress or dives in physically confined space: provided further that a closed bell shall be used for all diving operations at a depth exceeding 100 meters;

(o) - no diver undertakes a dive -

(i) in contravention of any condition or restriction imposed on him or her by these regulations; and

(ii) unless he or she is fully conversant with such machinery or the use of such tools and equipment as may be required in the performance of his or her work underwater;

(p) - no diver undertakes a dive to a depth greater than that for which the equipment he or she uses is suitable;

(q) - no diver dives to a depth greater that for which he or she is qualified: Provided that a class III or IV diver may undertake dives to depth not exceeds 50 meters if the decompression time does not exceed 20 minutes;

( r ) - no diver uses air for any diving operation at a depth exceeding 50 meters, except if such use is for therapeutic or training purpose in a compression chamber;

(s) - depth measuring devices are used and, if reasonable, such devices are suitable for monitoring from the surface;

(t) - the information contemplated in sub-regulation (2)(q) is entered in the diving operations record book within 24 hours of completion of the diving operation, is made available to an inspector on request and is kept for a period two years after the last entry;

(u) - every diver, within 24hours of completion of a dive, enters full particulars of the dive in his or her diver's logbook, and that the entry is signed by the diver and countersigned by the diving supervisor;

(v) - only in-date divers participate in diving operations.

Training of divers

24.3 (1) No person shall train another person to dive unless he or she has
been approved as a training organization in terms of sub-regulation (2)

(2) Any person who has at his or her disposal such staff, plant equipment and other ancillary facilities as to enable him or her to offer the curriculum of instruction and training for learner divers determined by the council, may in writing apply to the Chief Inspector for approval as a training organization to train learner divers, and the Chief Inspector may, in consultation with the Council, approve such application, subject to such conditions as he or she may impose.

(3) A learner diver shall -

(a) undergo underwater diving training for the periods prescribed in sub-regulation (5) and in accordance with the curriculum and conditions of training determined by the Council; and

(b) while diving, be under the personal supervision of a diving supervisor and be accompanied by a person registered as a diver in terms of regulation 344: Provided that if the diving supervisor is satisfied that the learner diver is sufficiently experienced, the learner diver may be permitted to undertake dives, unaccompanied, to a diving depth of not more than 20 meters.

(4) A diving supervisor shall ensure that a learner diver, with in 24 hours of completion of a dive performed by such learner diver, enters full particulars of such dive in the learner diver's logbook and sign the entry, and the diving supervisor shall thereafter countersign the entry.

(5) A learner diver shall undergo underwater diving training of not less than -

(a) 35 hours bottom time, to depths not exceeding 50 meters, so as to qualify for registration as a class II diver;

(b) 20 hours bottom time, to depths not exceeding 30 meters, so as to qualify for registration as a class III diver;

(c) 15 hours bottom time, to depths not exceeding 30 meters, so as to qualify for registration as a class IV diver;

(6) No person shall be trained as a class I diver unless he or she has since his or her registration as a class II diver undergone not less than 50 hours of bottom time in diving operations, not less than 15 hours of which were undergone at depths greater than 20 meters.

(7) In order to qualify for registration as a class I diver, a diver shall undergo underwater diving training of not less than 50 hours bottom time at depths exceeding 100 meters below the surface.

(8) No person shall be registered as a class I,II,III, or IV diver unless he or she has attained a satisfactory standard of competence in respect of the additional matters set out in regulation 24.16.
Registration as learner diver

24.4 Any person who satisfies the Council that -

(a) he or she has reached the age of 18 years;

(b) He or she is in possession of a valid medical certificate of fitness acceptable to the Council, in which he or she is certified as medically fit to participate in diving;

(c) If he or she is a minor, he or she has the written consent of his or her parent or guardian to register as a learner diver,

(d) he or she has been admitted to an approved diving school, shall be registered as a learner diver by the Council and be furnished with a certificate of registration which certificate shall be valid for a period of one year and which may be renewed by the Council, at its discretion, for further periods of one year at a time.

Registration as a diver

24.5 Any person who satisfies the Council that-

(a) he or she received appropriate training in diving operations with an organization approved for diver training as contemplated in these regulations.

(b) he or she has passed the relevant examination for divers;

(c) he or she is in possession of a valid medical certificate of fitness acceptable to the council, in which he or she is certified fit to participate in diving;

shall be registered as a class I, II, III or IV diver, as the case may be, and the Council shall furnish him or her with a certificate of registration subject to such condition or restrictions as the Council may consider necessary.

Registration as a diver supervisor

24.6 Any person who satisfies the Council that-

(a) he or she has acquired not less than two year's experience in all aspects of diving operations after having been registered as either a class I or a class II diver, or not less than one year's of such experience after having been registered as either a class III or a class IV diver; and

(b) he or she has passed the relevant examination for diving supervisors,

Shall be registered by the Council as a class I, II, III, or IV diving supervisor, as the case may be, and the Council shall furnish such person with a certificate of registration subject to such conditions or restrictions as he or she may consider necessary.

Applications

24.7 Application for the registration as a learner diver, a diver or a diving supervisor, as the case may be, or for the re-issue of a certificate referred to in regulation that has been lost, damaged or destroyed, shall be made to, and in the form and manner determined by, the Council.

Designated medical practitioners, medical examinations and medical certificates of fitness

24.8 (1) The Chief Medical Officer of Occupational Health may designate
medical practitioners to undertake the medical examination of
divers or prospective divers: Provided that only medical
Practitioners who have competed a course in underwater medicine recognized by the medical Board established by the Medical and Dental Professions Act, 1993 (Act 21 of 1993), shall be so designated.

(2) A designation in terms of sub-regulation (1) shall lapse after a period of four years, unless the designated medical practitioner concerned, before the expiry of such period, furnishes proof that he or she has completed a refresher course in underwater medicine recognized by the Medical Board.

(3) A designated medical practitioner shall, if so requested the Chief Medical Officer of Occupational Health -

(a) conduct a medical examination, including such tests as determined by the Chief Medial Officer of Occupational Health; and

(b) issue a medical certificate of fitness to the diver or learner diver based on the results of the medical examination, or endorse such certificate subsequent to each medical re-examination prescribed by sub-regulation (4).

(4) A diver shall report for a medical examination by a designated medical practitioner not less than once every 12 months and the designated medical practitioner shall examine the diver in respect of such aspects as determined by the Chief Medical Officer of Occupational health: Provided that when an examination of a specialised nature is required, the designated medical practitioner need not personally perform such examination.

(5) A medical certificate of fitness shall indicate -

(a) the name and the identity number of the person to who it relates;

(b) the date of the medical examination;
(c) the date of any X-ray examination;

(d) whether the person is considered medically fit to dive;
(e) any limitation on the diving or compression for which the person is considered fit;

(f) the period not exceeding 12 months for which the person is considered fit;

(g) the name, address and telephone number with the Medical Board of Namibia-

(i) of the designated medical practitioner issuing the certificate, as well as the year during which he or she last attended a course in underwater medicine; and

(ii) of the medical practitioner who performed the examination of a specialised nature contemplated in sub-regulation (4); and

(h) the signature of the medical practitioner issuing the certificate

(6) If, on account of indisposition or injury, a diver has been unfit to dive for a period of 14 days or more, he or she shall not participate in diving, and no person shall require or permit him or her to participate in diving, unless he or she furnishes the employer with a medical certificate indicating the nature of his or her indisposition or injury and in which certificate a medical practitioner certifies that the diver has recovered from such indisposition or injury: Provided that if in the opinion of the diving supervisor the indisposition or injury of a diver is of such a nature as to make an examination by designated medical practitioner desirable, such diver shall not participate in diving work until a designated medical practitioner has certified that he or she is fit for diving.

(7) If the medical examination of a diver is required in terms of this paragraph, his or her employer shall be responsible for the arrangements and costs connected with such examination.

(8) If a medical certificate of fitness is lost or destroyed the learner diver or diver concerned shall re-submit himself or herself for a medical examination in terms of sub-regulation (3).

Diving supervisor

24.9 (1) Unless the manager is a diving supervisor and personally takes charge of all diving operations, he or she shall in writing designate one or more persons to exercise control of such diving operations.

(2) A diving supervisor or a person designated under sub-regulation (1)
shall -

(a) at any time be available to deal with emergencies at the site where diving operations are carried out;

(b) not dive while he or she is supervising other divers;

(c) if another supervisor is not available when he or she has to dive for purposes of inspection and planning, ensure that a diver acts as supervisor for the duration of the diver;

(d) not act as a standby diver unless another supervisor is available to take charge of the diving operation: provided that he or she may act as a standby diver for operations undertaken to a depth of not more than 30 meters, or for dives not requiring decompression stops.
Decompression

24.10 The Manger shall ensure that-

(a) - no articles likely to cause a fire or an explosion are taken into, or stores in a compression chamber;

(b) - a diver does not perform, or is required to perform, a dive unless decompression is performed in accordance with the techniques, decompression tables and decompression times determined by the diving supervisor;

(c) - a complete copy of the decompression tables contemplated in subparagraph (b), together with the relevant explanatory procedures are available for the information of the diving team on the site where diving operations are being performed : provided that abstracts from the decompression tables may be made available for the information of the diving team: provided further that the manager shall produce the appropriate identifiable decompression tables when required to do so by an inspector; and

(d) - a record, which shall be open for inspector, is kept of all incidents of decompression illness, and shall ensure that all such cases are investigated.

Compression chambers and bells

24.11 (1) The mine manager shall not permit any compression chamber or bell to be used, unless the person using it is in possession of a certificate issued by the manufacturer or supplier certifying that the compression chamber or bell has been designed, constructed and tested in any respect and considered fit for use as a compression chamber or bell, as the case may be.

(2) The mine manager shall, in consultation with the manufacturer or supplier of the compression chamber or bell, formulate a scheme for the systematic inspection and testing of the compression chamber or bell so as to ensure proper maintenance thereof.

(3) Before executing any repairs to a compression chamber or bell, the mine manager shall consult the manufacturer or supplier and carry out the repairs only under the supervision of the manufacturer's or supplier's representative. The mine manager shall not use the repaired compression chamber or bell unless he or she is in possession of a certificate issued by the manufacturer or supplier certifying that after executing the repairs the compression chamber or bell has been tested in any respect and considered fit for use as compression chamber or bell, as the case may be.

(4) The manager shall ensure that a compression chamber : -

(a) has an uncontaminated supply of breathing mixture, sufficient for one complete therapeutic compression treatment, available in storage cylinders or other suitable vessels at the compression chamber;

(b) is equipped with pressure relief devices to prevent the internal pressure in any compartment from rising in excess for ten percent above the maximum intended working pressure, and which are designed to automatically close when the internal pressure returns to the intended working pressure after pressure relief;

(c) is equipped with a breathing point for each occupant for ready to use during a compression operation as well as suitable means for avoiding oxygen build-up in the chamber;

(d) is provided with portholes of sufficient size to enable any person which may be in the chamber to be observed from outside;

(e) is equipped for adequate humidity control, heating, cooling and illumination of the interior;

(f) is equipped with the necessary valves, gauges and other fittings to indicate and control the internal pressures of each compartment form outside the chamber;

(g) is provided with a two-way radio communication system between persons outside and persons inside the chamber; and

(h) is designed to limit the risk of the outbreak of fire, and has fire- extinguishing equipment on board.

(i) has a design pressure rating equivalent to the maximum depth of the diving operation;

(j) is designed to prevent opening under pressure and, if necessary, is equipped with interlocks for this purpose;

(k) is equipped for operating all installed locking devices from both sides of a closed hatch;

(l) is so designed that, if a closed bell is used, a person can transfer under pressure from the compression chamber to the bell, or from the bell to the compression chamber;

(m) is fitted with adequate equipment and reserve facilities to maintain, and to supply the correct breathing mixture in respect of or to every person inside the chamber.

(3) The manager shall ensure that a closed diving bell -

(a) is equipped in such a manner that a diver is able to enter and leave the bell without difficulty;

(b) is equipped with doors which act as pressure seals and which may be opened from either side;

(c) is equipped with such valves, gauges and other fittings made of suitable materials, as are necessary to indicate and control the pressure within the bell and to indicate to the occupants and to the diving supervisor the external pressure on the bell;

(d) is fitted with equipment and reserve facility which are adequate for supplying the correct breathing mixture to persons inside, or working from, the bell;

(e) is fitted with an oral communication system which enables contact to be maintained between a diver who leaves the bell, a person remaining inside the bell and the place on the surface from which the diving operation is conducted;

(f) is fitted with equipment for lighting and heating the bell;

(g) contains adequate first aid facility and is fitted with lifting equipment by which an unconscious or injured diver can be hoisted into the bell by a person inside the bell;

(h) has the necessary equipment so that -

(i) signals can be sent through the water in such a manner that the bell can easily be located in an emergency; and

(ii) the lives of persons trapped inside the bell can be sustained for not less than 24 hours;

(i) is used in conjunction with lifting gear which enables the bell to, without excessive lateral, vertical rotational movement, be lowered to the depth from which the diving operations are to be conducted, or to be maintained in its position, or to be raised; and

(j) is provided with equipment by which it can be brought to the surface without using the main lifting gear: provided that if such equipment involves the shedding of weights, such weights shall be capable of being shed by a person inside the bell and the equipment shall be so designed as to prevent accidental shedding of such weights.

Equipment and machinery

24.12 The mine manager shall ensure that :-

(a) - all diving equipment and machinery which is used in connection with any diving operation or underwater work is maintained in good working order and is properly used;

(b) - all equipment and machinery necessary for divers to safely enter and leave the water is available during diving operations;

(c) - a compression chamber with all necessary ancillary equipment is available for immediate use whenever diving takes place -

(i) at a depth exceeding 50 meters;

(ii) at a depth exceeding 10 meters but not exceeding 50 meters where the routine decompression time exceeds 20 minutes;

(iii) at a depth exceeding 10 meters but not exceeding 50 meters where the routine decompression time is twenty minutes or less and effective arrangements have not been made for a diver requiring therapeutic recompression to be brought to a suitable chamber within two hours from the time when the need for recompression is identified.

Diving at depths exceeding 100 meters

24.13 (1) When diving operations are proposed to be conducted at depths exceeding 100 meters, the mine manager shall furnish to the Chief Inspector -

(a) the qualifications and experience of the divers and members of the diving team;

(b) particulars of the equipment and machinery proposed to be deployed for the diving operations.

(2) The diving operations shall be undertaken only under such conditions as the Chief Inspector may specify.

Mining by means of pressurized vessels

24.14 When mining operations are proposed to be conducted by means of pressurized vessels, the mine manager shall furnish to the Chief Inspector -

(a) the qualifications and experience of the operators and members of the mining team; and

(b) particulars of the equipment and machinery, proposed to be deployed for the mining operations.

Fees payable

24.15 The fees payable in respect of the registration as a learner diver, a diver or diving supervisor, as the case may be, or for the re-issue of any certificate referred to in regulation shall from time to time be determined by the Minister, in consultation with the Minister of Finance, by notice in the Gazette.

Additional requirements relating to satisfactory standard of competence for Class I to IV divers

24.16 1. Additional matters in respect of which a CLASS I diver has to attain a satisfactory standard of competence are the following:

(a) The theory of mixed gases, saturation and bell diving;
(b) gases and gas systems;
(c) diving safety and competently to depths exceeding 50 meter from a diving bell;

(d) the use of diver communication systems appropriate to mixed gas, saturation and bell diving;

(e) diving bell operation, lock-out re-entry procedures, transferring to surface compression chamber, recompression on mixed gas, decompression and decompression tables appropriate to mixed gas, saturation and bell diving;

(f) emergency procedures for mixed gas, saturation and bell diving;
(g) first aid appropriate to emergencies arising in mixed gas, saturation and bell diving;

(h) relevant legislation and guidance; and
(i) appropriate practical training for deep diving.

2. Matters in respect of which a CLASS II diver has to attain a satisfactory standard of competence are the following:

(a) The theory of air diving;
(b) the use of scuba and surface supplied diving equipment;
(c) diving safety and competently in various conditions not exceeding 50 meters in depth, including the safe use of hand tools, powered tools and equipment;

(d) the use of diver communication systems appropriate to air diving;
(e) emergency procedures for air diving;
(f) surface compression chamber operations, therapeutic recompression, decompression and decompression tables appropriate to air diving;

(g) first aid appropriate to emergencies arising in air diving;

(h) relevant legislation and guidance; and
(i) appropriate practical training for commercial diving.

3. Matters in respect of which a CLASS III diver has to attain a satisfactory standard of competence are the following:

The theory of air diving

(a) the use of scuba and surface supplied diving equipment;
(b) the use of scuba;
(c) diving safety and competently in various conditions not exceeding 30 meters;
(d) the use of diver communication systems appropriate to air diving;
(e) emergency procedures for air diving;
(f) therapeutic recompression, decompression and decompression tables appropriate to air diving;

(g) first aid appropriate to emergencies arising in air diving;
(h) relevant legislation and guidance; and
(i) appropriate practical training for scientific and limited scope diving.

4. Matters in respect of which a CLASS VI diver has to attain a satisfactory standard of competence are those matters specified for a class II diver, EXCEPT the use of surface supplied diving equipment.