4. (1) An employer, owner, constructor or diving supervisor may vary a procedure required by this Regulation or a composition, design, size or arrangement of a material, object or device or thing required by this Regulation if,
(a) the varied procedure, composition, design, size, or arrangement affords protection for the health and safety of workers that is at least equal to the protection that would otherwise be afforded;
(b) written notice of the variance has been given,
(i) to the joint health and safety committee or the health and safety representative, if any, or
(ii) to the Ministry, if there is no joint health and safety committee or health and safety representative; and
(c) a copy of the notice is available for inspection by an inspector at the dive site whenever the variance is used in a diving operation Work performed underwater by divers or work performed on the surface in support of divers, and includes underwater inspection, investigation, excavation, construction, alteration, repair or maintenance of equipment, machinery, structures or ships and the salvage of sunken property .
(2) Subsection (1) does not apply in respect of any requirement in the Act or this Regulation to give notice. O. Reg. 629/94, s. 4.
