(Unofficial English Translation)

Transcription

1 (Unofficial English Translation) MINISTERIAL REGULATION ON THE STANDARD FOR ADMINISTRATION AND MANAGEMENT OF SAFETY, OCCUPATIONAL HEALTH AND WORKING ENVIRONMENT IN RELATION TO DIVING WORK B.E (A.D.2005)

2 -Official Emblem- MINISTERIAL REGULATION ON THE STANDARD FOR ADMINISTRATION AND MANAGEMENT OF SAFETY, OCCUPATIONAL HEALTH AND WORKING ENVIRONMENT IN RELATION TO DIVING WORK B.E (A.D.2005) By virtue of Section 6 and Section 103 of the Labour Protection Act B.E (1998), which is the law that contains certain provisions in relation to the restriction of rights and liberty of the individual which are permitted under Section 29 coupled with Section 31, Section 35, Section 48 and Section 50 of the Constitution of the Kingdom of Thailand, the Minister of the Ministry of Labour and Social Welfare hereby issues the Ministerial Regulation as follows: CLAUSE 1 In this Ministerial Regulation; Diving work means the work which is done under water by means of diving. Diver means an employee who is skilled in diving work. Head of Diver means a diver who is assigned by an employer to carry out all planning and supervising all diving works. Diver Escort means the diver whose duty is to care for, to assist the diver in performing the diving work. Ready-for-Diving Diver means the diver who is ready to dive; to help other divers who are working underwater immediately in case of emergency. Controller of air supply and communication means the diver who is in charge of control and care of air supply system and communication with divers who are performing diving work. Pressure means the pressure of water or air which has effect on the body of the diver per one square unit area.

3 MEMORANDUM OF PRINCIPLE AND RATIONALE Supporting the Ministerial Regulation Prescribing the Standard of Administration and Management of Safety, Occupational Health and Working Environment in Relation to Diving work B.E (A.D. 2005) PRINCIPLE To define the standard for the administration and management of the safety, occupational health and working environment in relation to diving work for employee. RATIONALE Whereas certain category of the place of business requires its employees to work under water under the working environment which may be harmful to health of the employees; it is expedient that the employees be protected from danger resulting from performance of the said work; coupled with Section 103 of the Labour Protection Act 1998; which provides for the Minister of Labour to be empowered to issue a ministerial regulation prescribing the standard with which the employer will comply in the course of administration and management of safety, occupational health and working environment. Therefore for the sake of safety of the employees who are working in relation to the diving work, it is imperative this Ministerial Regulation is issued.

4 CHAPTER 1 DIVING WORK CLAUSE 2 This Ministerial Regulation is applicable to the diving work, which is performed under water at the depth from 10 feet; but not more than three hundred feet down. CLAUSE 3 The employer who requires an employee to perform diving work at any particular place or change the place of performing diving work shall report such place to the Director-General or to persons designated by the Director-General in advance before performing the work not less than seven days by using the report format prescribed and announced by the Director-General. CLAUSE 4 The employer must arrange for employees who performs diving work to receive physical examination regularly at scheduled time; and for making the employee health checkup card according to the criteria prescribed and announced by the Director-General. CLAUSE 5 The employee who is required to perform diving work (1) Must be aged not under the full eighteen years; (2) Must be physically of sound health, have strong body and not be afflicted with diseases prescribed by the Director-General; (3) Must possess knowledge, ability and working experience in the Diving work; and successfully pass a test according to the course prescribed and announced by the Director-General. CLAUSE 6 The employee who is assigned by the employer to perform diving work shall do as follows: (1) Head of diver: (a) Produce a work plan and control the diving including the work plan for communication among employees working under water and employees who work on the water surface;

5 (b) Produce a plan for prevention from danger that may arise from the diving work; (c) Clarify and assign the duty of each diver; of each employee according to each work plan; including the method of performing diving work; the prevention from danger that may arise from performing diving work; and to make sure that every diver checks the ready condition of his respective diving tools, instruments and equipment used in performing diving work. (d) Check the readiness of the diver, tools, instruments and equipment before diving, before doing the Diving work and the amount of air supply in the diving tank before and after performing diving work; (e) Control the time of working under water from the start of diving, the time spent under water; and to the time of rising to the surface; and the time of rest at various levels of depth and break time before starting further work under water including a period of next diving; (f) Be present and be in control at all time in the course of performing diving work. (2) Diver Escort: (a) Thoroughly study and understand the assigned work plan; (b) Discuss for better understanding of the work plan, the communication plan; and the plan for prevention of danger that may happen to the diver; (c) Check diving equipment and to assist with the dressing of the diving gear for the diver and the ready-for-diving diver; (d) Record the amount of air supply in the air tank before and after diving and report every time record to the Head of Diver; (3) Divers: (a) Thoroughly study and understand the assigned work plan; (b) Check diving tools, instruments and equipment to be in a ready condition for use in diving work; (c) Strictly comply with the work plan, rules and criteria of diving and safety measure in diving; in particular, the surface rising plan; by having safety stops at various levels of depth as to the defined time.

6 (4) Ready-for-diving divers: (a) Get ready to provide help to divers according to the instructions from the head of diver; (b) Check diving equipment to ensure that it is in ready for diving. (5) Controller of air supply and communication: (a) Check and control the of air supply System to divers according to the depth; (b) Communicate between divers and the head of divers.

7 CHAPTER 2 DIVING SAFETY MEASURE CLAUSE 7 In performing diving work, the employer shall ensure that the employees comply with the Table of Diving and Decompression Standard including a break for reconditioning the body condition before next diving according to the criteria prescribed and announced by the Director-General. CLAUSE 8 The employer shall arrange for the availability of underwater medicine nurse, underwater medicine doctor; and equipment related to the performance of diving work as prescribed in the Table annexed to this Ministerial Regulation. CLAUSE 9 The employer shall arrange for the availability of First Aid and 100 percent oxygen supply together with an oxygen mask to help the diver throughout the diving time. CLAUSE 10 The employee whose work is in relation to diving work may refuse to dive at any time if it is deemed that such diving may pose danger to life, cause physical injury or harmful to health of the diver. CLAUSE 11 The employer and head of diver shall issue an order to employee to stop or discontinue the diving in the following circumstances: (1) When the diver escort and the diver are unable to communicate with each other; (2) When the diver must use the reserve air supply from the air oxygen tank or the emergency gas supply; (3) When the employer or the head of diver considers that diving in such area is not safe.

8 CHAPTER 3 EQUIPMENT FOR DIVING WORK CLAUSE 12 The employer shall arrange for the diving equipment as follows: (1) Scuba diving equipment is at least consisted of the followings: (a) Air tank; (b) Weight belt (c) Regulator (d) Dept gauge (e) Pressure gauge (f) Diving suit (g) Life preserver or Buoyancy compensator; (h) Life line (i) Fins (j) Submersible wrist watch (k) Dive knife (l) Octopus (m) Mask (2) Scuba diving equipment using surface air supply is at least consisted of the following : (a) Emergency gas supply (b) Compressor (c) Diving suit (d) Harness (e) Weight (f) Fins or Boots (g) Control console assembly (h) Air bank (i) Dive knife (j) Umbilical (k) Helmet or mask

9 The diving equipment for diving work pursuant to the paragraph one shall be of the standard prescribed and announced by the Director-General. CLAUSE 13 The employer shall maintain and inspect the diving equipment as prescribed in the manual of the manufacturer of each type of the diving equipment. Given on the 8 th day of March 2005 (Mrs. Uraiwan Thienthong) Minister of the Ministry of Labour Published in the Government Gazette on 10 th May 2005 It comes into force on the date of its announcement in the Government Gazette.

10 TABLE SHOWING THE NUMBER OF EMPLOYEES, UNDERWATER MEDICINE NURSE AND DOCTOR, AND DIVING EQUIPMENT No. Diving depth Apparatus used diving work 1 From 10 feet but not exceeding 20 feet 2 Exceeding 20 feet but not exceeding 40 feet 3 Exceeding 40 feet but not exceeding 190 feet 4 Exceeding 130 feet; but not exceeding 190 feet 5 Exceeding 190 feet; but not exceeding 300 feet Scuba tank Head of diver Diver escort Diver Number of Persons Involved Ready-todive diver Controller of air supply and communication Underwater Medicine Nurse Underwater medicine Doctor A. Scuba tank B. surface supply A. Scuba tank B. surface supply C. Pressure tank A. A bottle-type scuba- Scuba tank diving equipment or B. Surface Supply C. Pressure tank