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THE FOUNDATION NETHERLANDS DIVING CENTRE (NDC)

The foundation

Aims and place in society of today's NDC may well be illustra­ted by sketching it's historical background.
The first initiatives for what now has become the NDC were taken by the predecessor of the Netherlands Association of Diving Companies (NADO), the Society of Netherlands Diving Contractors, government bodies and the Ministry of Defence.

The growth of commercial diving in the seventies, accompanied by an alarming rise in the number of fatal diving accidents, as well as the expected growth in the eighties caused the need for strict medical examination and supervision of Netherlands di­vers. The Netherlands was not the only country that considered this necessary, all North Sea countries felt the need: the European Diving Technolo­gy Committee -EDTC- was founded, Norwegian and British legislation came into being, the Netherlands Ministry of Social Affairs and Employment (SZW) was working on legislation. At that moment in time the Royal Navy's Diving Medical Centre was the only institute in the Netherlands holding medical exami­nations for divers; it was also the only place where diving accidents could be treated. For this reason the Ministry of Defence became involved and this ministry on march 6, 1981 decided to found a committee to study the foundation of a National Diving Centre. A Program Committee was founded to give a more tangible con­tents to the future Foundation, i.e. a board of directors and a program of activities.
The Working party's proposal for the composition of the board was accepted and the program of activities was made part of the aims of the Foundation.
In the middle of 1986 the Program Committee was dissolved and the foundation was officially started.

Board

The Netherlands Diving Centre aims to serve the Netherlands diving community. The NDC is a not for profit foundation. Its Board consists of representatives of the government, the unions, the industry en sports diving.

 

The boards consists of representatives of

·                    Government:

o                  Ministry of Defence  www.mindef.nl

o                   State Supervision of Mines (Ministry of Economic Affairs) www.sodm.nl

·                   Industry:

o                  Netherlands Association of Diving Contractors www.ndc.nl/nado

o                  IRO (Association of Netherlands Suppliers in the Oil and Gas industry ) www.iro.nl

·                   Union:

o                  Nautilus NL www.nautilusnl.org

o                  National Federation of Christian Trade Unions (CNV) www.cnv.nl

·                   Netherlands Underwater Sports Federation  www.onderwatersport.org

·                   The chairman is independent.

 

Non-voting members

·                    Ministry of Transport and Public Works (Department of Waterworks) 

·                    Ministry of Social Affairs and Employment (SZW) www.minszw.nl

·                    Ministry of the Interior  www.bzk.nl

 
Aims of the NDC

The objective of the foundation has been and still is the promotion of the interest of the Netherlands diving community in general.

On account of national and international developments, as well as experience gained in the Eastern Scheldt project the empha­sis of the foundation's program no longer was merely on the medical aspects of diving.

The program was expanded to two main areas, both considered to be of equal importance: besides medical affairs also training schemes were added to the program of activities.

This led to a statutory description of aims in 14 points, which may be summarised as follows:

 

Advice, encouragement, and when required positive action in:

·                   supervision

·                   training 

·                   registra­tion

·                   research

·                   information

·                   national and internati­o­nal recognition

Two permanent working parties were founded to realise these aims: the Platform for Medical Affairs and  the Platform for Training.

An important activity of the NDC is the development certification of commercial diver training. To realise a training programme the NDC has contracted the Diving School of the Netherlands Ministry of Defence. The training standards constituted the present legislation for commercial diving in the Netherlands.

The NDC is a member of the IDSA (International Diving Schools Association), the EDTC (European Diving Technology Committee) and the IMCA (International Maritime Contractors Association), and hosts the secretariat of the NADO (Netherlands Association of Diving contractors) and The Training and Development Foundation J.P.H. Huijskens.

Since 1994 the NDC is designated a certifying institution for certification of divers, diver medics, diver supervisors, and diver medical doctors by the Minister of Social Affairs and Labour.

NETHERLANDS LEGISLATION

 

Ministry of Social Affairs and Employment (SZW)

The tasks of the Ministry of Social Affairs and Employment (SZW) are to create employment opportunities and to foster modern industrial relations and an activating social security system.

 

Their website www.internationalezaken.szw.nl  contains information about how the Ministry of Social Affairs and Employment (SZW) is organized and describes its mission and duties. You will also find condensed curriculum vitae of the Minister and the State Secretary

The Labour Inspectorate, a department of SZW,  monitors compliance with occupational safety and health legislation and regulations. It investigates violations of worker safety, takes action and provides politically relevant information

The directorate-general for Work is responsible for policy in the following areas: terms of employment, labour law, working conditions and industrial relations. In addition, the director-general provides leadership to the directorates that form part of this directorate-general.

The inspector-general of the Work and Income Inspectorate (IWI) is responsible for the Work and Income Inspectorate (IWI). This inspectorate exercises supervision on the Institute for Employee Benefit Schemes (UWV), the Social Insurance Bank (SVB) and the implementation of ministerial regulations concerning work and income by municipal social services. Inspectors of IWI will also exercises supervision on certifying institutes.

Safe and healthy working conditions are an important part of preventing illness and occupational disability. Creating and maintaining healthy working conditions is the joint responsibility of employers and employees, whereby they can make use of expert advice from private organisations, such as occupational health and safety services (arbodiensten).

The government has established the legal framework within which employers and employees are expected to fulfil their responsibilities. The Netherlands Safety and Health Act (Arbowet) contains a code of conduct for safety & health policy and the Working Hours Act (Arbeidstijdenwet) forms a statutory framework for working hours. The Labour Inspectorate ensures compliance with the legislation. A number of financial measures have been implemented to reward good conduct and to penalise bad practices. Besides that, the Ministry encourages executives and workers to cooperate and take an active role. The Ministry also encourages all parties involved to actively increase expertise.

•          European employees in the Netherlands Information about agreements on social insurance and tax between the countries of the EU, EEA and Switzerland

•          The minimum wage in the Netherlands Employees younger than 65 years working in the Netherlands are entitled to (at least) the legal minimum wage.

•          Working in the Netherlands Rights and obligations of employees from EU countries.

•          Diving Work: Managing the Risks Working safely above and under water

State Supervision of Mines (SSM)

State Supervision of Mines (SSM) oversees the compliance with statutory regulations applicable to mineral exploration, extraction, storage and transport of minerals, focusing on the aspects of health, safety, the environment, effective extraction and soil movements.

SSM is a governmental organisation and is situated in The Hague. The department falls under the ministerial responsibility of the Minister of Economic Affairs. SSM also works for the Ministers of Socials Affairs and Employment (for labour laws); Housing, Spatial Planning and the Environment (for environmental legislations); and Health, Welfare and Sport (for criminal investigation).

 

The State Supervision of Mines has issued brochures about working in the Netherlands Sector www.sodm.nl/English/Legislation_and_regulations

Regulations Diving Sector

Since January 1st 2003 the present legislation came into force.

There is one certification scheme for all diving, whether employed in the oil & gas industry or otherwise.

 

The Netherlands Labour Inspectorate has issued a brochure about working in the Netherlands Sector.  The brochure Diving Work: Managing the Risks, Working safely above and under water 

Exposure to hazardous substances and biological agents Divers run a particular risk of being exposed to hazardous substances and biological agents (micro organisms) if they fail to use the proper diving gear and equipment and do not remove their gear according to protocol. In closed ditches and canals where fire service divers perform many of their tasks, there is a risk of exposure to biological agents due to discharges and decaying animal remains. When diving in pits and pools in order to bury tanks containing chemical waste, the water often tends to be extremely contaminated by the same chemical substance. Very high concentrations may occur locally. Hazardous substances may affect the diving equipment and therefore pose a danger to the diver. Oil products constitute a risk because oil floats on top of the water requiring the diver to pass through it in order to work underwater. The greatest risk, however, arises due to insufficient knowledge of the degree of contamination.


To ensure that the diver can work safely, as an employer you must have a good understanding of the dangers of exposure to hazardous substances and biological agents. The risk assessment and evaluation (RA&E) is the approach to take here. This process will help pinpoint whether or not the diving equipment offers the diver maximum protection against the specific substances to which the diver is exposed.


References to legislation and regulations

> Working Conditions Decree, Articles 4.2, 4.13, 4.85, 4.87a, 6.14a, 6.15, 8.2, 8.3.


Physical effort does not constitute a health risk as such, but physical stress does. Physical stress may lead to problems with the loco motor apparatus and even to failure. Lifting, pushing and pulling, repeating the same movements over and over again, or poor work posture can all lead to physical stress. At the dive location, objects are generally carried and pulled above water when shifting heavy equipment. The risk of physical stress is further exacerbated in such aggravating circumstances. When working under water, moving specific equipment (such as welding equipment, high pressure cleaning equipment and pneumatic drills) and drowned corpses is difficult. The work can be even more arduous when working in the dark and in confined spaces (with tools). As an employer, you are obliged to organise the work in a manner that reduces or minimises physical stress. Here too, the RA&E forms the first step, so you start by listing the risks involved in the work area. Next, on the basis of the RA&E, you draw up an action plan in order to reduce or limit these risks.


References to the Working Conditions Act and regulations

> Physical effort, general: Working Conditions Decree, Articles 5.2, 5.3, 5.4 and 5.5

 

The Netherlands Diving Sector

Diving work is carried out for both the commercial and the public sector, as outlined below:

 

Diving work in the business sector

§          offshore: incl. construction, maintenance and inspection work on drilling and production platforms;

§          road and hydraulic engineering: incl. construction, maintenance and inspections of bridges and navigation locks;

§          construction: incl. pouring of underwater concrete;

§          salvage of (ship) wrecks (onshore and offshore);

§          ship maintenance: inspections, maintenance, repairs and cleaning operations.

 

Public sector

§          defence: diving activities for military purposes, detection, removal and decommissioning of

§          explosives;

§          fire service: assistance in protecting humans, animals and the environment;

§          police: search and surveillance;

§          customs: detection and control;

§          science: archaeological and marine-biological research.

 

Other companies such as:

§           zoos: cleaning and maintenance of aquariums;

§          swimming pools: repair and maintenance;

§          diving sport schools: diving instruction to sport divers.

 

The Working Conditions Act applies to all sectors. Some 2,250 divers are employed in the diving sector in the Netherlands, mostly in the fire service. Of this figure, about 1,200 (mainly voluntary) firemen also work as fire service divers.

 

Despite this high number, the diving work in which fire service divers are involved each year is rather limited, representing only a secondary task.

 

About 500 people work as professional divers for a private diving company or else are self-employed with no personnel.

The Ministry of Defence has about 400 divers who work for the Royal Netherlands Navy and the Royal Netherlands Army.

 

The other professional divers are employed by the Police, Customs, the Directorate-General for Public Works, Transport and Water Management, zoos, scientific institutions and underwater sport schools.

 

Diving work is usually carried out at locations that by definition do not represent a natural environment for humans. Working in a liquid or in a dry diving bell is only possible if the operator has a supply of breathing gas. Conditions such as poor visibility, cold temperatures and water current all add to the hazards, and it is for these reasons that diving work is regarded as high-risk.

The following organisations are important in the diving sector in the Netherlands:

§          Nationaal Duikcentrum (NDC) 1), www.ndc.nl

§          Nederlandse Associatie van Duikondernemingen (NADO) 2), www.nado.nu

§          Nederlandse Vereniging van Beroepsduikers (NVB) 3), www.nederlandseverenigingvanberoepsduikers.nl

§          International Marine Contractors Association (IMCA), www.imca-int.com

§          Kenniscentrum Defensie duikschool (KC DDS) 4), www.marine.nl

 

And for the fire service:

§          Nederlandse vereniging voor brandweerzorg en rampenbestrijding 5), www.nvbr.nl

§          Nederlands bureau voor brandweerexamens (Nbbe) 6), www.nbbe.nl

§          Nederlands instituut fysieke veiligheid Nibra  7), www.nifv.nl

 

Translations:

1.       National Diving Centre

2.       Netherlands Association of Diving Contractors

3.       Trade association for self-employed persons (with no employees) in the diving industry

4.    Defence Diving School Knowledge Centre

5.       Netherlands Association of Fire and Disaster Control Services,

6.       Netherlands Bureau for Firefighting exams,

7.       Netherlands Institute for Physical Safety

 

 

IMPORTANT ITEMS TO KNOW

Composition of diving team

Besides the diver, a diving team must include a reserve diver, a diving supervisor and someone who is trained to advise the diver medically. Such people must be accredited by an approved institute. The function of the diving supervisor and the diver’s medical adviser may be combined but the diving team must always consist of three persons.

 

There is one exception. The diving team may consist of two people if the work meets the following conditions:

§          the liquid consists mostly of water; and

§          the maximum accessible depth is nine metres; and

§          the maximum current speed is 0.5 metres per second; and

§          there is no foreseen risk of the divers experiencing difficulties in the liquid.

(SEE the occupational health and safety declarations of intent  (in Dutch “Arbocatalogus”)

 

The diver is also expected to undergo a medical examination to assess his/her fitness for the job at hand. The medical examination must focus on the particular health risks involved in diving work of this kind.

Diver Certification 

The members of the diving team (diver, reserve diver, diving supervisor and the diver medic) must be duly accredited for performing the work in question.

 

Compulsory Certificates

 

Commercial Diving

Category A

Diving with SCUBA

Category B

Diving with Surface Demand equipment including Wetbell

Category C

Closed Bell / saturation diving

Category D

Diving with SCUBA with a maximum depth of 9 metres

Diving supervisor

Working as a diving supervisor

Diving supervisor Cat D

Working as a diving supervisor with a diving team Category D divers

 

Diver medical support

MAD-A

Diver medic A

Medical support of SSE-diving

MAD-B

Diver medic B - medical support of saturation or diving in remote places (advised)

Diver First Aid

Medical support of low risk diving work (art. 6.16 lid 4 Arbo Act) & Category D divers

 

aims of training for these certificates have been set down in the Working Conditions Legislation.

 

The validity of diving certificates and diving medic certificates is limited.

 

Commercial diving

Diving certificates are valid for 24 months after the date of issue, and will remain valid as long as the holder can prove (logbooks!) the following experience:

§          Category A,  B and D: at least 30 dives in the preceding 24 months;

§          Category C: at least 10 bell runs (closed bell) in the previous two years, of which five as a bell man and five as a lock-out diver;

§          Diving supervisor (regular and Category D): supervised at least 30 dives in the preceding 24 months.

 

Diver Medical Support

The diver medic certificates must be periodically renewed by attending refresher training as follows:

§          MAD-A and Diver First Aid: every two years;

§          MAD-B: every year.

For more information:  Please contact us by email and ask us to send you the brochures and further information about Assessment (crossover / conversion of your commercial diving certificates).

The diver is also expected to undergo a medical examination to assess his/her fitness for the job at hand. The medical examination must focus on the particular health risks involved in diving work of this kind. The Diving Doctor must be also be accredited.

Foreign certificates

Ask for the NDC brochures Assessment  (this is conform present legislation)

 

Holders of foreign commercial diver certificates who want to dive commercially in the Netherlands must have their certificates assessed by a certifying institution so designated by the Minister of Social Affairs and Labour, i.e. the NDC.

Holders of commercial diver certificates, issued or controlled by the government of an EU-country (including countries that are party to the EER-treaty and Switzerland) may only be refused an equivalent certificate (issued by the authorities) when there is an essential discrepancy in the level of training.

Subjects of all other countries must comply with the Netherlands certification scheme.

 

Subjects of all other countries must comply with the Dutch certification scheme.

For more information: please ask by email carin@ndc.nl for more details about assessment. We will send you our brochures with further details by email.

 

Assessment (crossover)

Concrete: Divers who do not hold a Dutch certificate and wish to work in the Netherlands or on the Dutch Continental Shelf, must have their certificates assessed.

 

For ‘old’ British HSE certificates (issued before 1998) there is a special arrangement

 

The certificates are assessed for validity, equivalence, authenticity and rightful ownership.

 

All applicants must submit original certificates and logbooks for inspection.

 

For the logbook inspection, for instance, the most important dives are:

§          Those made during training (for the comparison with the Dutch training standards);

§          Supposing the dive training took place more than two years previously, then the dives made during the past 24 months. (this due to the validity requirement in the Netherlands)

 

Divers who do not hold HSE,  INPP, ADAS  or DCBC certificates must further submit full information on their training school, i.e. training course information, training programme, textbooks, syllabi, etc.

 

All applicants will be invited to appear before the Assessment Committee (face to face meeting)

 

INFORMATION FOR THE DIVING CONTRACTOR (AND SUPERVISOR)

Offshore: State Supervision of Mines
State Supervision of Mines ensures that the production of minerals in the Netherlands and the Netherlands part of the continental shelf is carried out in a responsible and socially acceptable manner."

Offshore and inshore:  The Labour Inspectorate
The Labour Inspectorate monitors compliance with occupational safety and health legislation and regulations. It investigates violations of worker safety, takes action and provides politically relevant information.


Reporting diving work

Diving work needs to report to the Inspectorate if diving work is carried out

§          at a depth exceeding 9 metres;

§          under a current velocity exceeding 0.5 metre per second;

§          with intended decompression;

§          with breathing gas other than air;

§          for a period exceeding a week; or

§  for the underground mining industry or mineral-extracting industry through drilling, this should be notified in writing to a supervisor designated to this end at least five working days before it commences specifying the location where the work will be carried out, the time this work will start, the probable number of employees involved and the number of employees that will actually carry out the diving work.

2.     If the period between the instructions to perform the diving work as meant in the first paragraph and its execution is shorter than five working days due to the unforeseen and urgent nature of the diving work, the diving work should be reported to the official meant in the first paragraph as soon as possible.

3.     With regard to the diving work for the underground mining industry or the mineral-extracting industry through drilling the written notification meant in the first paragraph should be accompanied by information about the health and safety risks of the diving location.

4.     The first paragraph does not apply to work carried out in connection with diving training.

 

See Dutch Legislation Working Conditions Decree

Article 6.14.  Suitability
Diving work, caisson work and other work under excess pressure should be carried out by persons in a physical and mental condition such as to be able to be aware of the dangers associated with the work they are to carry out and to prevent or restrict these dangers where possible.

Article 6.14a.  Occupational health medical examination
1.     Persons entrusted with diving work, caisson work and other work under excess pressure are to be submitted to an occupational health medical examination before the start of that work aimed at the special health hazards to which they might be exposed in the performance of that work.

2.     After a period of not more than twelve months after the examination meant in the first paragraph, the occupational health medical examination should be repeated and thereafter each time with an interval of not more than twelve months since the previous examination.

3.     The occupational health medical examination meant in the first and second paragraph must be carried out by a physician in the possession of a diving physician certificate issued by our Minister or a certifying institution.  

4.     Detailed provisions concerning the performance of the occupational health medical examination will be laid down by a Ministerial Order. These provisions may relate to:

§       the information submitted at the examination;

§       the manner in which the examination is carried out;

§       the manner of assessment whether the persons are suitable or not for performing diving work, caisson work or other work under excess pressure;

§       the manner of recording, processing and retaining the information derived from the examination and also how long this will be retained.

5.     A person should only perform diving work, caisson work or other work under pressure if it is evident from the occupational health medical examination that performing this work is acceptable on medical grounds. If it appears from the findings of the occupational health medical examination that performing diving work, caisson work or other work under excess pressure is only acceptable under the restricting provisions indicated therein, these provisions should be observed.

6.     At the request of the employer or the person examined, the examination meant in this Article can be carried out again once by another physician who is in the possession of a diving physician certificate as meant in the third paragraph. The result of the re-examination replaces the previous one.

Article 6.14b.  Diving physician

1.     In connection with carrying out the occupational health medical examinations as meant in Article 6.14a, first and second paragraph, various professional skills, training or registration requirements for the issue of the diving physician certificate meant in Article 6.14a, third paragraph can be set in a Ministerial Order.

2.     Detailed provisions may be laid down in a Ministerial Order concerning the equivalence of diving physician certificates issued abroad with the diving physician certificate meant in Article 6.14a, third paragraph.

Mutual Recognition with England
See www.hse.gov.uk/diving/medicalpractitioners.pdf
Netherlands
class of Medical Practitioner
Diving Doctors approved under Netherlands Working Conditions Decree dated 1 January
2003, Section 5, Article 6.14b – Diving Doctors.
Note: The medical certificate issued under Netherlands Working Conditions Decree dated 1 January 2003, Section 5, Article 6.14a – Occupational Health Examinations – is  automatically recognised as a certificate of medical fitness to dive under the Diving at Work Regulations 1997.

  

CHANGE OF LEGISLATION (near future)

 

In 2003 the Netherlands government decided to change its policy about certification, a component of the Netherlands safety and health legislation and regulations. 

Bureau Berenschot a consultancy agency, was asked to advise and support the Ministry of Social Affairs and Employment (SZW) in its achievement and made standard documents to conduct uniformity.  

 

In 2005 the Netherlands Ministry of Social Affairs and Employment (SZW) starts  to notify the branches that the SZW was working at legislative change for certification of persons, products and systems based on an EU- decision. The established certifying institutes and branches were asked  to cooperate. At this moment eight branches were asked to cooperate. For instance the asbestos industry, is in the process a stage further than the diving industry.

 

In the context of self regulation and the  draw-back-policy of the Netherlands government the peers has work together in the accomplishment. This means that the industry, employers and employees have to cooperate.

 

In  2006 the NDC in which the complete diving industry (government, employers and employees)  is represented was asked by SZW  to cooperate in its  achievement.

 

Bureau Berenschot commissioned by SZW made a so called start up document in which the policy of the government, the  process and the end results were written. The whole project will be subsidized.

 

On 11 July 2008 the Stichting Werken onder Overdruk (SWOD)  (translated: Foundation Hyberbaric Labour)  was founded by the Minister of Labour.  The Foundation will take care for an efficient en effective certification scheme for diving material and certain professions in the sector Working Under Pressure (including caisson and hyperbaric centres)

 

The foundation will also manage a public register (a database online).

 

Mr Jaap van der Kuil is the independent chairman of the board and the other members of the board represent the relevant branches, i.c.: diving industry, Ministry of Defence, fire service divers and caisson industry.

 

The Centraal College van Deskundigen (CCvD) (translation: General College of Experts) represents  the industry, contractors, employers and employees. The CCvD developes and maintains the certification schemes.

 

Mr Cees Barten is the independent chairman of the CCvD.

Representatives of the diving industry (inshore, offshore, salvage, zoos, caisson, fire service, ministry of Defence etc constitute the CCvD.

 

The CCvD installed three Working Chambers for fulfilling its task

•          Working Chamber I Personals Certifications Schemes for diving and diving supervisor

•          Working Chamber II Personals Certification Schemes for diving medical support and diving doctor

•          Working Chamber III: System Certification Scheme for diving & caisson material

 

The first and major appointment was to translate the training standards in present legislation to the new future design, the certification schemes conform master documents.

 

Which means concise that training and certification will be separated and that the certifications schemes will be managed and maintained by the Foundation SWOD.

The certifying bodies must be accredited by NEN ISO 9001 and operating certification of persons by NEN IEC 17024. Released in 2003, ISO 17024 is designed to harmonize the personnel certification process worldwide.

The issues that ISO 17024 tackles can be summarized as:

  • Defining what it is you examine (the competencies)
  • Knowledge, skills and personal attributes
  • Examination must be independent
  • Examination must be a valid test of competence

 

The certifying bodies will be designated by the minister based on an assessment from the Raad van Accreditatie (RvA) (translation: Dutch Accreditation Council)   www.rva.nl

In many countries it is the government that oversees accreditation. However, in the Netherlands, the accreditation body is a private law organisation. The government acts here as client, supervisor and negotiating partner.

The government can decide on the need to carry out accreditations in certain sectors. In such a case, the government is the client. But it is more than that, since it is also a negotiating partner of the accreditation body. The RvA has routine meetings with the Ministry of Housing, Spatial Planning and the Environment (VROM) and the Ministry of Social Affairs and Employment (SZW). The agreement between the State and the RvA offers scope for agreements tailored to specific areas of focus with different ministries by which it becomes possible to break through the standard accreditation process.

Schedule


The timetable will be:


1st part of 2009
The certifications schemes are offered to the Ministry of Social Affairs and Employment (SZW) for approval. After approval the National Council of Accreditation will test the schemes on feasibility

2nd part of 2009
After approval and positive tests the certification schemes will be published by the Dtuch government and presented as new legislation. After five months it will be effected as legislation. During the five months the aspirant certifying bodies can proposed themselves for accreditation. 


Note: During the transitional period the present certifying institutes will obtain automatically an appointment for two years. This means that the present NDC will acted automatically during the transitional period.


The new certifying body, will also act under the name of NDC-CI will be appointed later. After appointment the new NDC-CI can perform conform the new certification schemes.

The Minister presents a second time schedule. This different schedule projects that all the aspirant certifying bodies will start at the same time, which means that as far as we can see now that all the certifying bodies will be prepared for their new task at the beginning of 2011.
Which also means that the present certifying bodies, the present NDC and the Diving School of the Ministry of Defence will act as it was use to be, with a slight difference. SWOD asked the present certifying bodies to acted in the “geest van SWOD” (translation: in the spirit of SWOD).
Which means that at this moment training and examining & certification is separated.


The foundation NDC after regime change 

The present tasks of the NDC will be divided in four different foundations:

 

Foundation I: The training courses and advocacy will be done by NOK, Nederlands Opleidings en Kenniscentrum Arbeid onder Overdruk  (Translation: Netherlands Training and Knowledge Hyperbaric Labour)

 

Foundation II: Examining and certification conform NEN ISO 17024 by the Certifying body under new legislation called the NDC-CI (The old NDC will donate here name and logo to the new Certifying body)

 

Foundation III: The employer will be Bureau ASK, Administratie, Secretariaat en Kennis (Translation Administration, Secretarial support and know how)

 

A part of the present tasks will be done by the Ministry installed Foundation Stichting Werken onder Overdruk (SWOD) in which the diving community is represented.

International agreements

What will happen with the agreements made with HSE, IMCA, ADAS and DCBC?

As already mentioned the present tasks of the NDC will maintain. In stead of committees the tasks of NDC will be transferred to foundations. As soon as there is clarity in objectives per establishment the NDC will inform the international diving community and discuss the right placement of the agreements made in the past.

 

What does this means for the owner of a Netherlands certificate (diver, supervisor, diver medic, diving doctor)

Concord the training and examination including certification will be separated?

The certificate issued by a certifying body has an expiration date of two years and actual  recertification of diving and supervisor certificates will take place.

 

The diver or supervisor is a client of the certifying body and starts the relation at the start of a training in the Netherlands or when he wants to switch from certifying body by recertification.

 

The Dutch diving certificates are valid for 24 months after the date of issue, and will be re-issued as long as the holder can prove (logbooks!) the experience

  • Category A,  B and D: at least 30 dives in the preceding 24 months;
  • Category C: at least 10 bell runs (closed bell) in the previous two years, of which five as a bell man and five as a lock-out diver
  • Diving supervisor (regular and Category D): supervised at least 30 dives in the preceding 24 months.

 

At this moment the Netherlands diving industry suggest the Minister of Labour to do this prove of experience for recertification digital (by email or usb) with a random of every 15th diver asking to send his actual logbook to the certifying body.

Together with the re-issuing of the certificate the applicant also received a complete report with findings and advices.

 

The diver medic certificates must be periodically renewed by attending refresher training as follows:

  •  MAD-A and Diver First Aid: every two years;
  •  MAD-B: every year.

 

The diver doctor certificates must be renewed every two years by proving of at least 10 medicals per year  and attending recognized  refresher training courses

 

When the certifying body issues the certificate the certifying institute will send the details to the Foundation SWOD for placing the personal details in a public register (database online). An employer or supervisor can with for instance, registration Number, the name and birth data of the registered person, verifying the issuing and validity of the certificate(s).

 

transition period

The certificates issued under present law will be stated as unvalid as soon as the new law will be effected. The holders of the Netherlands issued certificates  (NDC and Ministry of Defence) can contact their certifying body (NDC or Ministry of Defence) for further details about recertification.

 

This is meant for all the Dutch diving certificates obtained by training and/or assessment (crossover). !!

 

The transition period will take two years.

Foreign certificates (Note: future under new legislation)

Holders of foreign commercial diver certificates who want to dive commercially in the Netherlands must have their certificates assessed by a certifying institution so designated by the Minister of Social Affairs and Labour, i.e. the NDC.

Holders of commercial diver certificates, issued or controlled by the government of an EU-country (including countries that are party to the EER-treaty and Switzerland) may only be refused an equivalent certificate (issued by the authorities) when there is an essential discrepancy in the level of training.

 

Subjects of all other countries must comply with the Dutch certification scheme.

 

Two kinds of  assessment procedures will be possible, (this is proposed in the concept certification schemes). 

 

1.       For a short and single project it will be possible to obtain a temporary licence; or

2.      For regular work and working in a diving team it will be possible to obtain the Dutch recognized certificate (including registration in the SWOD register) after assessment and an exam in the Dutch legislation.

The appointed certifying bodies have to make events of how to develop these two kinds of different assessments. As far as we can estimate the first mentioned licence is equal to the present assessment procedure and the second one is present assessment including an exam.

 

The policy of the Dutch government is that every employee in the Dutch Sector knows the relevant legislation en rules.

 

For the old HSE Part I & II (issued before 1998 by HSE) divers the members of the assessment committee of the NDC wants to plea for a general pardon. The NDC wants to propose the Ministry of SZW “When the diver can show that he has worked as a diver before 2010 in the Dutch Sector he can do an assessment without doing an exam in the Dutch legislation. He can obtain after verifying logbook (experience requirement that he has work as a diver in the past two years), identity and original certificate the Dutch certificate.

  

 

July 2009

The NADO, Netherlands Association of Diving Contractors, supported by  Netherlands Oil and Gas Exploration and Production Association (NOGEPA),  www.nogepa.nl, the Koninklijke MKB Nederland (Royal Association Royal Association of small and medium sized enterprises) and the unions including the Nederlandse Vereniging van Beroepsduikers (NVB) (Translation:  Netherlands Association of professional divers) has asked the Minister of Social Affairs and Employment (SZW) before introducing the new policy about certification, to consider the increasing of costs per diving company and diver, the impossibility of implementation of new advancing understanding technical and diving safety, the risk that the Dutch regulations will not assemble the international diving community. etc. 

Will be continued.



OCCUPATIONAL HEALTH AND SAFETY DECLARATIONS OF INTENT

General

Occupational health and safety declarations of intent are part of the new Netherlands Occupational Health and Safety Act. These are documents in which employers and employees in a particular industry or firm specify how they intend to meet the objectives laid down by the Dutch government in relation to a safe and healthy working environment. (see also article 1. Content of the Working Conditions Act) For example, the government has introduced a maximum workplace noise level of 85 decibels. Employers and employees in each sector examine ways they can work together to achieve these targets.


The Occupational Health and Safety Occupational health and safety declarations of intent are part of the new Netherlands Occupational Health and Safety Act. These are documents in which employers and employees in a particular industry or firm specify how they intend to meet the objectives laid down by the Dutch government in relation to a safe and healthy working environment. (see also article 1. Content of the Working Conditions Act)
For example, the government has introduced a maximum workplace noise level of 85 decibels. Employers and employees in each sector examine ways they can work together to achieve these targets. The Occupational Health and Safety Declaration of Intent describes methods, approaches, techniques, measures, research, practical activities and examples of good practice. Once a Declaration of Intent has been drawn up, a test has to be performed to find out whether the intended target sector or group of companies is clear. At the same time, an investigation is carried out to ascertain whether the authors of the declaration are representative of the employers and employees in the relevant sector, and whether employers and staff know where to find the declaration. A quick scan is performed to check whether employers and employees acting in accordance with the declaration would in fact meet the objectives. Declarations of intent that have been examined in this way are used as a reference framework for the Labour Inspectorate. Once an occupational health and safety declaration of intent has passed the test, the government withdraws the policy rules for the sector in question. These policy rules indicate how the Labour Inspectorate should use its powers in a number of situations described in the rules. The old policy rules will remain in force for companies and sectors without an occupational health and safety declaration of intent until 1 January 2010, when they will be withdrawn for all companies and sectors. The Ministry for Social Affairs and Employment awards employers' and employees' organisations a one-off subsidy of 50,000 euros towards the costs of creating the declaration of intent.
A number of sectors have already produced declarations.

 

Occupational health and safety declarations of intent Hyperbaric Labour  (under construction)
Occupational health and safety declarations of intent Hyperbaric Labour.  The Policy standards 6.15 Diving and Policy standards 6.14 Caisson will be replaced. 

On January 1, 2010 after a comprehensive review by the Inspectorate of Labour the declaration of intent is approved. The Inspectorate will comply with the Decl. of intent after a transitional period of three months maintaining!! Under the auspices of the NDC, the Sector Working under pressure working on a arbocatalogus Working under Pressure. The catalog is July 7, 2009 for review to the Labor offered. In late December the NDC of the Labor received the letter stating that the catalog was approved after a comprehensive review. After placement in the Gazette is a transition period of 3 months. Interested parties can request a free copy of the NDC concept by sending an email to carin@ndc.nl The Arbo Catalog refers to the BRL. The Maintenance Assessment System Equipment Diving and Caisson . The BRL is from 2004 to March 2006 prepared by the Provisional Board of Experts, comprising representatives of the Labor Sector under Pressure were sitting. In March 2006, the BRL for approval to the Minister of Social Affairs and Employment presented. With placement in the law, see Article 6.15 A Arbo Decision of the end of 2006 it is shown that the Minister has approved the BRL. However SZW has failed to designate certification bodies, making it impossible to meet the obligation a certificate as proof of keeping a proper maintenance system to show. However, the contents of the BRL is viewed as the "state of the art" Therefore, the advice according to the BRL work. The BRL will post certification system reviewreplaced by the Certification for the certificate system for maintenance of diving equipment and caisson (WOD-O) under Foundation Working under Pressure (SWOD).

WHERE TO FIND ACTUAL LEGISLATION IN ENGLISH

For information on translations of Dutch Mining Legislation documents, see also the website of the 'Netherlands Oil and Gas Exploration and Production Association' (Nogepa)' (http://www.nitg.tno.nl/oil&gas/ under the link 'wet- en regelgeving'), which supplies English translations for some of the Legislation. Details of the company are:

Koningin Julianaplein 30
Kantoren Babylon B 5th floor
P.O. Box 11729, 2502 AS Den Haag

Tel.: +31-592-378911
fax: +31-592-378278

e-mail: as@nogepa.nl

website: www.nogepa.nl

and

European Agency for Safety and Health at Work
This website is part of the information network of the European Agency for Safety and Health at Work. The object of this network is to provide information about safety and health at work among employers and employees in the Member States of the European Union. Also, the cooperation between the Member States, as well as the exchange of information and experience, is to be enhanced by this initiative. The coordination of the European network lies with the European Agency, while the implementation on a national level is done by national Focal Points.

http://nl.osha.europa.eu/legislation/?language=en

The most important articles are

Arbo Act  Article 3 and Article 5

Arbo Decree  Article 2.26, 2.27, 2,28, 2,35

Arbo Decree  Section 5, article 6,14   6,14   6,15,  6,16  6,17  6,18   6,20,  9,5, 9,9

Regulations   Article 6,1 – 6.8

Annex   XVI and XVII