Regulations on working time for diving personnel on Norwegian ships.


Date FOR-1981-06-26-3813


Ministry of Industry and Ministry of Fisheries


Published In 1981 709


Commencement 07/10/1981

Edited
FOR 1992-11-27-873

Changes


For
Norway

Legal
LOV-1977-06-03-50-§1

Promulgated


Short Title
Regulation on working time for diving personnel

Stipulated by Royal Decree. Pursuant to Act 3 June 1977. Hours of Work on Norwegian ships § 1 no. 3. Amended 31 October 1986 No.. 2005 27 November 1992 no. 873.

§ 1. Definitions
1.
In this Regulation:

1.1.
Diving: Staying in water or pressure chamber which means that people are exposed to a higher ambient pressure than the air pressure at the place diving takes place.

1.2.
Diving Operations: All procedures related to diving, as well as to bring the partial pressure of inert gas in the diver's body tissue back to normal. The concept includes the use of diving bell that observation chamber.

1.3.
Diving personnel: Divers and other personnel whose primary duties on board is directly connected to the dive operation.

1.4.
Hour: The time from kl. 0000 until. 2400.

1.5.
Week: The time from Monday. 0000 until Sunday. 2400.

1.6.
Weekend days: Sundays and public holidays and public holidays as provided in this realm. Same with weekend days counted from the time at. 1500 to kl. 2400 Easter Eve, Whitsun Eve, New Year's Eve.

1.7.
Shift Plan: A work plan showing dive personnel working hours and leisure on board and leisure periods ashore.

1.8.
Ministry: The Royal Ministry for commerce and shipping.

2.
The calculation of working time for these regulations shall be meal breaks included.

§ 2. Application These regulations apply to work done by diving personnel on board Norwegian ships, except where the work is performed in the petroleum industry.
Regulations §§ 3-6 does not apply to work performed by the dive leader.
Law of 3 June 1977 no. 50 about the working hours on ships shall not apply to personnel covered by this regulation.

§ 3. Normal working
1.
Ordinary working hours for diving personnel shall be in accordance with a pre-configured and by the Ministry approved the shift schedule, which is determined for a specific period in consultation with dive personnel representatives, said the prevailing rules on safeguards for divers observed.

2.
Diving personnel are working in accordance with the shift schedule can be up to 12 hours a day, but not more than 42 hours. week on average over a maximum period of 12 weeks and not over 36 hours. week on average over a period exceeding one year. The parties may, by collective agreement establish a different calculation of average weekly working hours.

3.
For divers who stay under pressure, the normal working under these regulations calculated to 12 hours a day.

§ 4. Normal working hours which are remunerated separately Unless otherwise stipulated in the collective agreement that is binding on the parties, the normal working hours of diving personnel remunerated as follows:

1.
Normal working hours between 36 and 72 hours weekly weekdays remunerated with corresponding number of hours off the land.

2.
Normal working hours on weekend days remunerated with recreational land in such manner as shall be agreed between the parties' organizations.

§ 5. Overtime
1.
If diving personnel imposed work that lasts beyond the limitations in § 3, the excess is recognized as overtime.

2.
People who make diving, may not be required to work overtime.

3.
For diving personnel involved in the diving operation without performing diving, must work overtime not implemented as a permanent arrangement, and must not take place without the following special cases:

3.1.
when unforeseen events or maturity among personnel have disrupted or threatens to disrupt the smooth operation

3.2.
when overtime is necessary lest the facility and equipment will be damaged.

4.
Overtime under paragraph. 3 can not be imposed with more than 14 hours a week or to such an extent that the total working hours in a single day, more than 16 hours. By collective agreement between the parties, the number of overtime hours, however, be increased to 20 hours a week.

§ 6. Overtime
1.
Overtime shall be paid in cash, unless another form of compensation is agreed between the parties' organizations.

2.
Overtime pay shall be calculated separately for each time it is performed overtime. A half-hour commenced shall be demonstrated as a full half-hour.

3.

For overtime work to be compensated with money, paid a supplement to the salary as agreed for similar work in normal working hours. The supplement shall be at least 40 percent.

§ 7. Working Journal
1.
The diving supervisor shall conduct a working journal of diving personnel's regular and overtime hours each day. Of record should further state time that the person may be kept on board because the change can not take place in accordance with the scheduled shift system.

2.
The Ministry may by regulations prescribe the manner of working the register shall be arranged and recorded.

3.
Anyone who can prove that it has a legal interest for him shall be entitled to familiarize themselves with the contents of working register and to make transcripts of those parts of the significance for him.

4.
Working Records shall be kept for at least three years after they are completed, and if it is prosecuted in court regarding claim payment for hours that are or claiming to have been introduced into them, until the case is finally settled.

§ 8. Additional work because of security Beyond the limitations of working hours set out in § 3, can dive personnel imposed:

1.
Working as master / OIM find is uoppsettelig necessary to avert danger to life or significant damage to the ship / facility.

2.
Working as master / OIM requires conducted to provide assistance to other ships / devices or people.

3.
Taking part in such gatherings and exercises with lifesaving appliances and fire gear and other safety carried out in accordance with regulations in laws or regulations.

4.
To contribute under the enforcement of customs regulations and quarantine and other health regulations.

§ 9 Regulation shall be aboard diving supervisor, or other person responsible for the diving operation shall ensure that a copy of these regulations are available for diving personnel on board.

§ 10. Supervision of the Regulations are complied Ministry supervises compliance with the provisions of these regulations are complied with and may adopt regulations and individual decisions regarding the conduct of the audit.

§ 11. Deviation etc.
1.
The provisions of these regulations can not by agreement derogation to the detriment of person performing work covered by this regulation, unless the difference is made in an agreement that is binding on him, and it is approved by the Ministry.

2.
The ministry may in certain cases decide that discrepancy under paragraph. 1 apply to the part of the diving personnel shall also apply to other personnel who perform work covered by this regulation.

3.
Before a decision to allow deviation in accordance with paragraph. 2 above shall obtain a statement from the parties concerned organizations. Such deviations should normally be limited to apply a simple assignment.

4.
When Norwegian ships, drilling platforms or other removable device is in operation or established in another country's continental shelf, the Ministry may differ from the requirements of this regulation. The assumption is that the person shelf state has provisions for an overall assessment of NMD considered to be equivalent to the requirements of this regulation. Documentation of the provisions desired followed sent NMD.

5.
Before discrepancy under paragraph. 4 permitted, shall obtain a statement from the Council for the manning of Norwegian mobile drilling platforms and the parties concerned organizations which may not be represented in the council.

§ 12. Penalties Deliberate or negligent violation of these regulations is punishable by fines pursuant to the General Civil Penal Code of 22 May 1902 No.. 10 § 339 no. 2, unless more severe penalty is applicable under another legal provision.

§ 13. Entry into force These regulations enter into force on 10 July 1981.