Safety, Health and Welfare at Work (Diving) Regulations 2018.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Diving) Regulations 2018.
(2) These Regulations come into operation on 1 May 2019.
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paragraphs: In these Regulations—
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paragraphs: For the purposes of these Regulations, a person dives if—
(a) he or she enters—
(i) water or any other liquid, or
(ii) a compression chamber in which he or she is subject to pressure greater than 100 millibars above atmospheric pressure,
(b) in order to survive in such an environment, breathes in a breathing gas at a pressure greater than atmospheric pressure,
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paragraphs: (1) Subject to paragraphs (2) and (3), these Regulations shall apply to any diving project in which a person who dives is at work.
(2) These Regulations shall not apply to any or all of the following:
(a) the care or treatment of patients—
(i) in a hospital or other place, not under the control of a diving contractor, where medical treatment is provided, or
(ii) in transit to such hospital or place where the means of transit is provided by or in respect of the hospital or other place;
(b) activities to which section 6(2) of the Act applies;
(c) work carried out in any air which is compressed in order to prevent the ingress of ground water or to stabilise the surrounding area;
(d) maintenance or testing work carried out in an aircraft where the body of the aircraft is pressurised;
(e) emergency breathing systems used in helicopter underwater escape and escape training.
(3) These Regulations, other than the obligations in paragraph (4) and Regulation 17(1) shall not apply in relation to a diver where the sole purpose of his or her dive is the teaching or guiding of recreational diving.
(4) The obligations referred to in paragraph (3) are that—
(a) the employer of the diver, or where the diver is self-employed, the diver himself or herself, shall ensure that he or she is competent in the method of diving that is safe to use on that particular dive and to engage in any activity that he or she may reasonably expect to carry out when taking part in the dive, and
(b) any teaching or guiding of recreational diving shall be carried out in accordance with any relevant standard adopted by the National Standards Authority of Ireland.
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paragraphs: (1) A person—
(a) who is responsible for a diving project,
(b) who has control over a diving project,
(c) who is engaged in a diving project, or
(d) whose acts or omissions could adversely affect the safety, health and welfare of persons engaged in such a project,
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paragraphs: (1) A client shall appoint one competent person in writing to be the diving contractor for each diving project.
(2) A client shall—
(a) obtain confirmation in writing of the acceptance of the appointment of the diving contractor under paragraph (1), or
(b) where an appointment referred to in paragraph (3) is made, make a record in writing of that appointment.
(3) A client may appoint himself or herself to be a diving contractor for a diving project.
(4) A client shall ensure that any plant and equipment supplied by him or her for the purposes of the diving project is—
(a) readily available for use,
(b) of sound construction and suitable material,
(c) in good working order, and
(d) adequate for the purpose for which it is used.
(5) A client shall provide to the diving contractor all information relating to the known hazards which could affect the diving project that is either in the client’s possession or could be obtained by the client making enquiries that are reasonable for a person in the client’s position to make, and otherwise cooperate with the diving contractor.
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paragraphs: (1) A diving contractor shall be—
(a) the person who employs under a contract of employment all divers engaged to undertake and carry out the diving project, or
(b) the person who—
(i) manages a diving project for a fixed or other sum, and
(ii) supplies equipment, labour or both, whether the diving contractor’s own labour or that of another, to carry out the diving project.
(2) A diving contractor shall be responsible for and have control of a diving project.
(3) A diving contractor shall—
(a) ensure that the diving project is planned, managed and conducted so far as is reasonably practicable in a manner which protects the safety, health and welfare of all persons taking part in the diving project,
(b) ensure that the diving project plan is prepared in accordance with Regulation 10,
(c) identify himself or herself in the diving project plan, and
(d) ensure that the diving project plan is updated throughout the course of the diving project.
(4) Before a diving operation commences, a diving contractor shall provide each person whom he or she proposes to appoint as a diving supervisor with a copy of any part of the diving project plan that relates to the diving operation.
(5) A diving contractor—
(a) shall appoint one or more competent persons in writing as a diving supervisor to the diving operation,
(b) may appoint himself or herself as the diving supervisor of the diving operation, and
(c) shall obtain confirmation in writing from each diving supervisor of the acceptance of her or her appointment, or where an appointment is made under subparagraph (b), make a record of the appointment.
(6) A diving contractor shall ensure that there are a sufficient number of competent persons available to carry out, safely and without risk to the health or welfare of such persons, the diving project, and any action, including the giving of appropriate first aid, which may be necessary in the event of a foreseeable emergency that occurs during the course of the diving project.
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paragraphs: (1) A diving contractor shall ensure that any diver engaged in the diving operation—
(a) is competent to dive in the operation, including competent in the method of diving that is safe to use in the diving operation, and
(b) is competent in the type of work to be carried out during the course of the diving operation.
(2) A diving contactor shall ensure, in so far as is reasonably practicable that any person taking part in the diving project complies with the provisions of the diving project plan and the relevant statutory provisions.
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paragraphs: A diving contractor shall ensure—
(a) that there is suitable and sufficient plant and equipment necessary for the safe conduct of the diving operation,
(b) that such plant and equipment is available when needed to carry out, safely and without risk to the health or welfare of any person, the diving project and any action which may be necessary in the event of an emergency that occurs during the course of, or is connected with, the diving project,
(c) the plant and equipment used during the diving operation is in good working order and maintained in a safe working condition and that records of maintenance are kept,
(d) the plant and equipment has been subjected to inspections, examinations and tests in accordance with any relevant statutory provisions and manufacturers’ specifications,
(e) any inspections, examinations and tests under subparagraph (d) are carried out by, or under the close supervision of a competent person, and
(f) the results of any inspections, examinations or tests under paragraph (d) are recorded in writing and kept in accordance with the requirements of Regulation 30 of the General Application Regulations.
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paragraphs: (1) A diving contractor shall prepare a plan in writing before the commencement of the first diving operation of the diving project (in these Regulations referred to as a “diving project plan”).
(2) The diving contractor shall ensure that the diving project plan—
(a) includes an assessment of the risks to the safety, health and welfare of any person taking part in the diving project,
(b) includes such information and instructions to the divers or other persons taking part in, or associated with the diving project as is necessary having regard to the risks in subparagraph (a),
(c) identifies each diving operation in the diving project and the nature and size of each diving operation is such that it can be safely supervised by one person at any one time, and
(d) takes account of any relevant code of practice.
(3) A person shall comply with any instructions applicable to him or her in the diving project plan during the course of a diving project.
(4) The diving project plan shall be regarded as, and form part of, the safety statement.
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paragraphs: (1) A diving contractor shall ensure that a record in writing is kept of the diving operation containing the particulars as set out in Schedule 1 (in these Regulations referred to as a “diving operation record”).
(2) A diving supervisor shall enter all relevant details of the diving operation which he or she is supervising in the diving operation record.
(3) The diving operation record shall be retained by the diving contractor for a period of 2 years from the date of the last entry in that record.
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paragraphs: (1) A diving contractor shall not permit a diver engaged in a diving operation to use compressed air at a pressure which exceeds the pressure of water at a depth of 50 metres and greater—
(a) as a breathing gas, or
(b) to raise the internal pressure of any compression chamber, other than for the purpose of—
(i) any tests required under Regulation 9, or
(ii) therapeutic recompression.
(2) A diving contractor shall ensure that a sufficient reserve of air is provided to allow the diver to reach the surface safely, completing any necessary in-water decompression in the event of the compressor failing, where compressed air is used and the plant or equipment used during the course of the diving operation includes an air pipeline into which air is supplied from above water.
(3) A diving contractor shall not provide, or permit to be used in a diving operation, any diving equipment for supplying breathing gas which cannot provide breathing gas at a rate adequate to sustain prolonged vigorous physical exertion at any ambient pressure that might be experienced by the diver during the diving operation.
(4) In this Regulation, “compressed air” means air compressed above atmospheric pressure, measured in millibars.
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paragraphs: (1) Before commencing a diving operation, the diving contractor shall make adequate emergency arrangements so that—
(a) emergency services are readily accessible at the site of the dive in the event of an emergency which threatens the safety, health or welfare of any diver, and
(b) a diver can be transported to the nearest available compression chamber for treatment if required.
(2) The emergency arrangements referred to in paragraph (1) shall include medical and diving personnel, medical and diving equipment and all other necessary supplies.
(3) A diving contractor shall ensure that first aid equipment is provided and appropriately positioned at the site of the dive.
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paragraphs: (1) A diving supervisor appointed under Regulation 7(5) shall supervise a diving operation.
(2) Only one diving supervisor shall supervise a diving operation at any one time.
(3) A diving supervisor shall ensure that a diving operation for which he or she is appointed as diving supervisor is carried out—
(a) without risk to the safety, health and welfare of those taking part in that operation and other persons who may be affected by it,
(b) in accordance with the requirements and prohibitions imposed on him or her under any relevant statutory provisions, and
(c) where it would not conflict with paragraph (a) or (b), in accordance with the diving project plan.
(4) A diving supervisor shall not dive during a diving operation for which he or she is appointed as diving supervisor except where—
(a) the dive takes place in a tank or pool artificially constructed for the purpose of swimming or diving and the divers taking part in the dive only use self-contained underwater breathing apparatus, or
(b) the diving is being supervised by another diving supervisor at that time, wherein more than one diving supervisor is appointed to that diving operation.
(5) A diving supervisor shall not permit any diver to take part in a diving operation if, in the opinion of the diving supervisor, that diver is not fit and competent to dive.
(6) A diving supervisor shall ensure that the contents of the diving project plan which relate to the diving operation for which he or she is diving supervisor have been brought to the attention of all those taking part in that operation before its commencement.
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paragraphs: A diving supervisor shall—
(a) ensure that all plant and equipment has undergone inspections, examinations and tests in accordance with Regulation 9(d),
(b) secure all plant and equipment (other than plant and equipment intended to be mobile) firmly in place during the course of the diving operation,
(c) ensure that all plant and equipment (unless actually in use by a diver engaged in the diving operation) is, during the course of the diving operation, kept readily available for use either—
(i) at the site from which the diving operation is, or is to be carried on, or
(ii) below water with any submersible compression chamber being used in the diving operation or with the diver engaged in the diving operation, and
(d) ensure that, where used, the air inlet for any compressor is situated outside any area where dangerous gases are, or may be, present.
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paragraphs: (1) A diving supervisor shall not allow a diving operation to take place unless—
(a) an adequate quantity of breathing gas and suitable plant and equipment for supplying the gas to any diver is available for use by any diver engaged in the operation,
(b) an adequate independent alternative source of breathing gas, together with any necessary plant and equipment, is readily available for immediate use in the event of failure of the primary supply,
(c) an adequate reserve supply of breathing gas together with any necessary plant and equipment is kept at a place above water from which the operations are carried out where breathing gas is supplied by a compressor and airline in the event of the compressor failing, and
(d) where a submersible compression chamber is being used in a diving operation, a reserve supply of breathing gas, together with any necessary plant and equipment, is also kept in, or attached to, the submersible compression chamber and is readily available for immediate use in the event of an emergency such as failure of surface supplies, by divers associated with, whether located inside or outside, the submersible compression chamber.
(2) The diving supervisor shall ensure that the total quantity of breathing gas supplied under this Regulation for the use of a diver shall be sufficient to enable a standby diver to reach the diver if the diver is underwater and then to enable both the standby diver and that diver either—
(a) to return to the surface and to carry out the appropriate decompression procedures during the return, or
(b) where a submersible compression chamber is being used in the diving operation, to return to that chamber and then to surface in that chamber and to start the appropriate decompression procedures at the surface.
(3) The diving supervisor shall ensure that emergency supplies of appropriate breathing gas to be held on a submersible compression chamber shall be such as can support at least 3 divers for a period that is not less than 24 hours.
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paragraphs: (1) A diver shall not dive in a diving project unless he or she—
(a) subject to paragraph (2), is fit to do so and has a valid certificate of medical fitness to dive in accordance with Regulation 19, and
(b) is a competent person to undertake the dive and engage in any activity that he or she may reasonably be expected to carry out while taking part in the diving project.
(2) Paragraph (1)(a) shall not apply to a person entering a compression chamber on the surface in order to provide emergency medical treatment.
(3) Paragraph (1)(b) shall not apply to a diver—
(a) who dives in the course of training which if successfully completed, would lead to the granting of a qualification in a method of diving, or
(b) who is competent to dive but is being trained in relation to any activity that he or she may reasonably be expected to carry out while taking part in the diving project under the direct supervision of a competent person.
(4) A diver shall not take part in a diving project if unfit to do so and should immediately inform the diving supervisor should he or she become unfit to dive during a diving project.
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paragraphs: (1) A diver shall maintain a diver’s personal log-book in his or her name on each and every day on which he or she dives in a diving project and shall record the particulars specified in Schedule 2 in the log-book.
(2) The log-book referred to in paragraph (1) shall be maintained by a diver for a period of 2 years from the date of the last entry.
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paragraphs: (1) A certificate of medical fitness to dive is a certificate from a medical examiner of divers that he or she considers the person named in the certificate to be fit to dive.
(2) A certificate referred to in paragraph (1)—
(a) shall state the period (not exceeding a period of 12 months duration) that the medical examiner of divers considers the person will remain fit to dive, and
(b) may be issued subject to conditions or limitations as to the nature or method of diving that may be undertaken by the person to which the certificate relates.
(3) Where such a certificate is issued subject to conditions under paragraph (2)(b), it shall not be valid for a diving operation other than diving operations for which the conditions are satisfied.
(4) In this Regulation, “medical examiner of divers” means a person who is a registered medical practitioner approved by the Authority to issue a certificate of medical fitness to dive.
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paragraphs: The Safety in Industry (Diving Operations) Regulations 1981 ( S.I. No. 422 of 1981 ) are revoked.
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paragraphs: Notwithstanding the revocation of the Safety in Industry (Diving Operations) Regulations 1981 ( S.I. No. 422 of 1981 ) in Regulation 20, where a certificate has been granted under Regulation 12 of those Regulations and the certificate has not expired prior to the coming into operation of these Regulations, then on that coming into operation that certificate shall continue to apply in respect of any requirements under Regulation 19 until the expiration of the period relating to the certificate.