Diving regulations are the stipulations of the delegated legislation regarding the practice of underwater diving. They apply within the national territory and territorial waters of a country. In most cases they apply to occupational diving, but in a few cases also to recreational diving. There are exemptions for recreational diving in some cases where it is recognised as a self-regulated industry. Offshore diving (outside of territorial waters) is generally outside the scope of diving regulations, and tends to be self-regulated through voluntary membership of industry organisations.

Scope

The scope of diving regulations is generally defined in each specific set of regulations and the statutory law which empowers them, which can vary considerably across jurisdictions. Diving regulations apply within the national territorial waters of the country,[1][2][3][4] and may also apply to diving operations conducted from a vessel registered in the country outside the national territorial waters.

Alternatives

Diving regulations apply within the national territorial waters of the country. In general they do not apply in international waters, but the commercial diving industry operates in international waters, in what is generally known as the offshore diving industry. In these waters the industry is largely self-regulated through voluntary membership of organisations such as the International Marine Contractors Association (IMCA). Members of these organisations are required as a condition of membership to comply with their Codes of Practice.[5]

In some jurisdictions specific exemptions and exceptions may be stipulated. For example:

In a few cases statutory law exists specifically covering diving activities.

  • Istrael: The Recreational diving Act, 1979[10]
  • Denmark and Greenland: Diving Act, Act No.307, dated 17 May 1995[11]

Examples

Argentina – The regulation of professional diving can be found in ordinance No. 4-08 (dpsn) Volume 5 Regime of Merchant Marine Personnel, July 1, 2008.[12] The regulation of recreational diving can be found in ordinance No. 1-01 (dpsn) Volume 4 - Regime of nautical sports activities, 2001.[13]

Australia

Queensland: – Safety in Recreational Water Activities Regulation 2011 (the Regulation) issued in terms of the Safety in Recreational Water Activities Act 2011 (the SRWA Act).[14]

South Africa – Diving regulations to the Occupational Health and Safety Act, authorised by the Minister of Labour.[1][4] The South African diving regulations regulate professional diving using breathing apparatus, and specifically exclude instruction of recreational divers and recreational dive leadership.[4] They apply only where the Occupational Health and Safety Act applies, so do not cover diving in minerals and energy industries, which have different safety legislation.

There have been two versions of the Diving Regulations, dated 2001 and 2009 (sometimes referred to as Diving Regulations 2010 at they were published in January 2010.[4] New regulations are drawn up with input from the Diving Advisory Board, a body appointed in terms of the existing regulations.

The Occupational Health and Safety Act applies to instruction of recreational divers and recreational dive leadership in general terms where these activities take place in a situation of employment.[1]

Switzerland – Hyperbaric Worker Safety Ordinance, 15 April 2015 (German: Verordnung über die Sicherheit der Arbeitnehmerinnen und Arbeitnehmer bei Arbeiten im Überdruck,[15] French: Ordonnance sur la sécurité des travailleurs lors de travaux en milieu hyperbare,[16] Italian: Ordinanza sulla sicurezza dei lavoratori nei lavori in condizioni di sovrappressione[17])

United Kingdom – The diving at Work Regulations 1997, Statutory Instruments 1997 No. 2776 Health and Safety [2]

United States

Federal regulations: – Regulations (Standards - 29 CFR), Part Number: 1910, Occupational Safety and Health Standards, Subpart: T - Commercial Diving Operations. Standard Number: 1910.424 - SCUBA diving.[3] Federal regulations have exemptions for scientific diving and for search and rescue in some states, when there is a reasonable expectation of rescuing a survivor.

References

  1. 1 2 3 Occupational Health and Safety Act 85 of 1993 (PDF). Pretoria: Government Printer. 1993 – via www.labour.gov.za.
  2. 1 2 Staff (1977). "The Diving at Work Regulations 1997". Statutory Instruments 1997 No. 2776 Health and Safety. Kew, Richmond, Surrey: Her Majesty's Stationery Office (HMSO). Retrieved 6 November 2016.
  3. 1 2 "Subpart: T - Commercial Diving Operations. Standard Number: 1910.424 - SCUBA diving". Regulations (Standards - 29 CFR), Part Number: 1910, Occupational Safety and Health Standards. Washington, DC: US Department of Labour, Occupational Safety and Health Administration. Retrieved 16 November 2016.
  4. 1 2 3 4 5 "Diving Regulations 2009". Occupational Health and Safety Act 85 of 1993 – Regulations and Notices – Government Notice R41. Pretoria: Government Printer. Archived from the original on 2016-11-04. Retrieved 3 November 2016 – via Southern African Legal Information Institute.
  5. ↑ Staff (February 2014). "IMCA International Code of Practice for Offshore Diving" (PDF). IMCA D 014 Rev. 2. London: International Marine Contractor's Association. Retrieved 22 July 2016.
  6. ↑ AAUS. "The AAUS Standards for Scientific Diving Certification and Operation of Scientific Diving Programs". Archived from the original on 2008-05-18. Retrieved 2008-07-13.
  7. ↑ AAUS. "A brief history of the AAUS exemption". Archived from the original on 2008-05-18. Retrieved 2008-07-13.
  8. ↑ Sharkey, P.; Austin, L. (1983). "Federal Regulation Of Scientific Diving: Two Scientific Divers' Perspective". Proceedings OCEANS '83. pp. 460–463. doi:10.1109/OCEANS.1983.1152066. S2CID 23322218.
  9. ↑ Flemming, N. C.; Max, M. D., eds. (1988), Code of Practice for Scientific Diving: Principles for the Safe Practice of Scientific Diving in Different Environments. UNESCO Technical Papers in Marine Science 53 (PDF), Scientific Committee of Confédération Mondiale des Activités Subaquatiques, Paris, France: United Nations Educational, Scientific, and Cultural Organization, Div. of Marine Sciences, ISSN 0503-4299, OCLC 18056894, retrieved 8 February 2013
  10. ↑ "Recreational diving Act, 1979" (in Hebrew). Knesset. 1979. Retrieved 16 November 2016 – via WikiSource.
  11. ↑ Staff (16 December 2015). "Consolidated decree on the entry into force for Greenland of the act on diving operations and diving equipment, etc" (PDF). Act on diving operations and diving equipment, etc. Copenhagen, Denmark: Danish Maritime Authority (Søfartsstyrelsen). Retrieved 16 November 2016.
  12. ↑ "Regulation of professional diving". www.argentina.gob.ar. Argentine Naval Prefecture. Retrieved 23 March 2021.
  13. ↑ "Complementary rules to the regulation of sports diving activities (decree no. 166-2001 chapter 12 of title 4 of the reginave)". www.argentina.gob.ar. Argentine Naval Prefecture. Retrieved 23 March 2021.
  14. ↑ Staff (2 December 2011). "Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2011" (PDF). Queensland Government Gazette. Brisbane, Queensland: Minister for Education and Industrial Relations. Archived from the original (PDF) on 21 January 2017. Retrieved 16 November 2016.
  15. ↑ "Verordnung über die Sicherheit der Arbeitnehmerinnen und Arbeitnehmer bei Arbeiten im Überdruck". fedlex.ch (in German). Retrieved 2 September 2021.
  16. ↑ "Ordonnance sur la sécurité des travailleurs lors de travaux en milieu hyperbare". fedlex.ch (in French). Retrieved 2 September 2021.
  17. ↑ "Ordinanza sulla sicurezza dei lavoratori nei lavori in condizioni di sovrappressione". fedlex.ch (in Italian). Retrieved 2 September 2021.
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