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Hiring a Commercial Diving Contractor, Labour-Management Health and Safety It Is Critical That You Confirm the Following: Committee in Association with IHSA

Be sure to hire a competent, qualified diving contractor.

By choosing a contractor, you will have peace of mind knowing that the job What you need to will be done safely and properly and that your know before hiring a investment will be protected. diving contractor The information in this brochure is important to know if you are a: Diving is high-, dangerous work. The • Home or property owner slightest mistake can have disastrous • Recreational facility operator (marina, golf consequences. The risk of someone being course, conservation area, provincial or injured is always there. If you hire workers private park, resort, etc.) to do a job, they must be protected from all • Vehicle recovery or towing operator . Resources Owners, constructors, employers, • Guideline and for compliance to supervisors, and workers each share in CSA Z275.2-15 (Canadian Association of the responsibility of ensuring that diving Diving Contractors) cadc.ca operations and work in support of diving • Diving (Ministry of Labour) labour.gov.on.ca/ operations comply with the Occupational english/hs/topics/diving.php Health and Safety Act (OHSA) and Diving Operations regulation (629/94). Developed by the Trade When hiring a commercial diving contractor, Labour-Management Health and Safety it is critical that you confirm the following: Committee in association with IHSA

• The contractor has provided a notice of Cover image supplied by Doug Elsey, Canadian Association of Diving Contractors the dive project to the Ontario Ministry of Hiring a Labour (MOL). © Health and Safety Association, 2018 • Divers on the project have completed the Commercial required DCBC ( Board of Canada) official training certification. Find out what we can do for MOL inspectors will be looking for it you at ihsa.ca Diving during a workplace inspection. • A dive operation plan and emergency Contractor operation plan have been completed. In addition to their legal responsibilities Important Things You under the OHSA, employers, businesses, 21 Voyager Court South and property owners can be held criminally Etobicoke, Ontario Need to Know responsible for a diving operation where an M9W 5M7 Canada unqualified contractor is used. Tel: 1-800-263-5024 BR003 [email protected] ihsa.ca Before hiring a commercial STEP diving contractor, follow THREE Protect these steps yourself

Any diving work for compensation makes STEP it a commercial diving operation and Ask about requires that you hire a professional diving ONE their business contractor who meets the requirements of the Diving Operations regulation (629/94). • How long have they been in business? • Can they give you a list of references? If diving contractors do not provide you with • Do they use a written contract that the information you’ve asked for, they may includes the scope of the work and terms not have WSIB coverage or insurance of any The individual or business/property owner of payment? kind. You could be personally liable if an contracting the diving work also has a legal • Will they provide you with the following accident or an injury occurs. This can include responsibility under Bill C-45. documentation? being held liable for medical and other costs. Bill C-45 is federal legislation that amended ­1. A copy of their WSIB Certificate. Make the Canadian Criminal Code, established new sure it is . (WSIB Certificates You could also be exposed to lawsuits. Do legal duties for workplace health and safety, and are issued every 2 months.) not rely on verbal promises. Protect yourself imposed serious penalties for violations that ­2. A copy of their work-related insurance and your assets. Ensure that the contractor result in injuries or death. certificate to ensure that are gives you a written contract that includes covered. Insurance should include a the specific work to be performed, terms of Every one who undertakes, or has the pre-set amount of liability coverage. payment, and warranties or guarantees. If authority, to direct how another person contractors do not provide this, you shouldn’t does work or performs a task is under hire them. a legal duty to take reasonable steps to STEP Ask about health prevent bodily harm to that person, or TWO and safety Know your any other person, arising from that work or task. legal responsibilities • Do they have a health and safety policy – Criminal Code, s.217.1 and program? (This is legally required The employer must ensure that the if the contractor employs five or more Property Retrieval commercial diving contractor works in workers.) Diving activities to retrieve property (golf balls, compliance with the Diving Operations • Will they give you assurances that the jewellery, tools, and other personal property) regulation (629/94) under the Ontario work will be performed by competent must be conducted in accordance with the Diving Occupational Health and Safety Act (OHSA). workers? Workers must have received Operations regulation (629/94) under the OHSA. training in the health and safety Legal responsibilities include: competency requirements associated with Penalties • The employer shall ensure that every the job (e.g., proof of Diver Certification Failure to comply with these laws may result in person who participates in a diving Board of Canada (DCBC) certification). financial penalties or imprisonment. For example, operation meets the applicable • Will they give you written assurance penalties under the provincial OHSA are: competency requirements set out in CSA that they will comply with the legislation • Up to $25,000.00 and/or up to 12 months Standard Z275.4-12. that governs the work? (e.g., A qualified imprisonment for individuals – O. Reg. 629/94, s.4.1(2) (DCBC-certified) must • Up to $500,000.00 per conviction for • The employer shall ensure that all divers, be on the site.) corporations. dive supervisors, and at least one diver’s • Can they provide a contact name and tender at the site have up-to-date the name of the supervisor that will be Contraventions of the federal Criminal Code certification in , cardio-pulmonary at the site? It’s important for you to have may result in fines of more than $100,000 or resuscitation, and administration. someone in a position of authority that imprisonment. – O. Reg. 629/94, s.33(1) you can talk to if needed.

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