List of legislation regulating underwater diving

Last updated

This list identifies the legislation governing underwater diving activities listed by region. Some legislation affects only professional diving, other may affect only recreational diving, or all diving activities. The list includes primary and delegated legislation, and international standards for the conduct of diving adopted by national states, but does not include legislation or standards relating to manufacture or testing of diving equipment.

Contents

Argentina

Ordinance No. 4-08 (dpsn) Volume 5 Regime of Merchant Marine Personnel, July 1, 2008. [1]
The regulation of professional diving
Ordinance No. 1-01 (dpsn) Volume 4 - Regime of nautical sports activities 2001. [2]
The regulation of recreational diving

Australia

Queensland

Safety in Recreational Water Activities Act 2011. [3]
Safety in Recreational Water Activities Regulation 2011. [3]

Austria

Verordrung 501: Druckluft- und Taucherarbeiten- Verordnung [4]
Inshore diving

Canada

Quebec

S-3.1 Act respecting safety in sports, Chapter V.2 Recreative underwater diving 1997, c. 37, s. 2. [5]
The chapter applies to underwater diving using compressed breathing gas that is not done as part of an occupational activity, and to teaching such diving.

Denmark and Greenland

Consolidated decree on the entry into force for Greenland of the act on diving operations and diving equipment, etc. [6]
Diving Act, Act No.307, dated 17 May 1995
The act regulates underwater work requiring breathing apparatus which would normally be done for payment, including rescue operations, and specifically excludes tasks related to recreational diving.

France

Germany

Festlandsockelbergvorordnung [4]
Regulates offshore diving
Unfallsverhütungsvorschrift "Taucharbeiten" VBG 39 [4]
Regulates inshore and inland diving
Unfallsverhütungsvorschrift "Arbeitsmedizinische Versorge" VBG 100 [4]
Requirement for medical certificates

Israel

Recreational diving Act, 1979 [7]
Recreational diving. It is not permitted to dive beyond the level of certification held unless in training with an instructor, and the diver must have appropriate insurance covering diving accidents. Solo diving is prohibited.

Italy

Sicily

Sicilian law on commercial diving training, 2016 [8]
Regulates training paths for inshore and offshore commercial diving activities, according International Diving Schools Association guidelines and an online database of certified commercial divers.

Maldives

Maldives Recreational Diving Regulation, 2003 [9]
Recreational diving service providers are required to be licensed. No recreational diving is allowed deeper than 30m or requiring decompression stops. Divers must show evidence of certification and recent experience. Solo diving is forbidden.

Malta

Recreational Diving Services Regulation, 2012 [10]
Only diving centres licensed by the Malta Tourism Authority, and meeting their minimum standards for facilities, equipment and service, are allowed to provide diving services to the public.

The Netherlands

Anschrijving Duikherkammeren [4]
Regulates offshore diving
Labour and Work Act [4]
Regulates inshore and inland diving

Norway

Regulation relating to manned underwater operations in the petroleum activities with guidelines [4]
Regulates offshore diving
Dykking Best nr.511 (Diving No. 511) [4]
Regulates inshore diving

South Africa

Diving Regulations, 2001
Occupational health and safety regulating occupational diving operations and training, but explicitly exclude recreational diver training and dive shop operations, which are generally covered by the Occupational Health and Safety Act 85 of 1993. Superseded by Diving Regulations 2009.
Diving Regulations, 2009 [11]
DR2009 regulates all commercial diving operations and training, including military and other professional diving, inshore, inland and offshore, but explicitly exclude recreational diver training and dive shop operations, which are generally covered by the Occupational Health and Safety Act 85 of 1993. Superseded by Diving Regulations 2017
Diving Regulations, 2017
DR2017 regulates all commercial diving operations and training, including military and other professional diving, inshore, inland and offshore, but explicitly exclude recreational diver training and dive shop operations, which are generally covered by the Occupational Health and Safety Act 85 of 1993.
Code of Practice for Inshore Diving [12]
The Code of Practice for Inshore Diving provides guidance for accepted safe working practices using surface supplied diving equipment for commercial diving operations within the territorial waters of South Africa. It is incorporated into the Diving Regulations as of 2017
Code of Practice for Scientific Diving [13]
The Code of Practice for Inshore Diving provides guidance for accepted safe working practices using scuba or surface supplied diving equipment for scientific diving operations within the territorial waters of South Africa.
Code of Practice for Commercial Diver Training [14]
The Code of Practice for Commercial Diver Training provides guidance and required minimum standards for accepted safe training practices using scuba or surface supplied diving equipment for diving operations in which learner divers are involved within the territorial waters of South Africa.

Sweden

Dykeriarbete (English: Diving Works) [4]
Regulates inshore and inland diving, no offshore regulations

Switzerland

Hyperbaric Worker Safety Ordinance, 15 April 2015 [15] [16] [17]
Regulates inshore/inland diving, no offshore regulations

United Kingdom

Diving at Work Regulations 1997 [18]
The DAWRs regulate all aspects of professional diving (diving at work), including recreational diver instruction and divemasters.
Marine and Coastal Access Act 2009
The MCAA specifies when a licence is required for an activity that involve depositing or removing a substance or object in the UK Marine Area below the mean high water springs mark. [19]

United States

Regulations (Standards - 29 CFR), Part Number: 1910, Occupational Safety and Health Standards, Subpart: T - Commercial Diving Operations. Standard Number: 1910.424 - SCUBA diving. [20]

Exemptions

Related Research Articles

<span class="mw-page-title-main">Diving activities</span> Things people do while diving underwater

Diving activities are the things people do while diving underwater. People may dive for various reasons, both personal and professional. While a newly qualified recreational diver may dive purely for the experience of diving, most divers have some additional reason for being underwater. Recreational diving is purely for enjoyment and has several specialisations and technical disciplines to provide more scope for varied activities for which specialist training can be offered, such as cave diving, wreck diving, ice diving and deep diving. Several underwater sports are available for exercise and competition.

<span class="mw-page-title-main">Recreational diving</span> Diving for the purpose of leisure and enjoyment, usually when using scuba equipment

Recreational diving or sport diving is diving for the purpose of leisure and enjoyment, usually when using scuba equipment. The term "recreational diving" may also be used in contradistinction to "technical diving", a more demanding aspect of recreational diving which requires more training and experience to develop the competence to reliably manage more complex equipment in the more hazardous conditions associated with the disciplines. Breath-hold diving for recreation also fits into the broader scope of the term, but this article covers the commonly used meaning of scuba diving for recreational purposes, where the diver is not constrained from making a direct near-vertical ascent to the surface at any point during the dive, and risk is considered low.

<span class="mw-page-title-main">Professional diving</span> Underwater diving where divers are paid for their work

Professional diving is underwater diving where the divers are paid for their work. Occupational diving has a similar meaning and applications. The procedures are often regulated by legislation and codes of practice as it is an inherently hazardous occupation and the diver works as a member of a team. Due to the dangerous nature of some professional diving operations, specialized equipment such as an on-site hyperbaric chamber and diver-to-surface communication system is often required by law, and the mode of diving for some applications may be regulated.

<span class="mw-page-title-main">Commercial diving</span> Professional diving on industrial projects

Commercial diving may be considered an application of professional diving where the diver engages in underwater work for industrial, construction, engineering, maintenance or other commercial purposes which are similar to work done out of the water, and where the diving is usually secondary to the work.

<span class="mw-page-title-main">Police diving</span> A branch of professional diving carried out by police services

Police diving is a branch of professional diving carried out by police services. Police divers are usually professional police officers, and may either be employed full-time as divers or as general water police officers, or be volunteers who usually serve in other units but are called in if their diving services are required.

<span class="mw-page-title-main">Underwater diving</span> Descending below the surface of the water to interact with the environment

Underwater diving, as a human activity, is the practice of descending below the water's surface to interact with the environment. It is also often referred to as diving, an ambiguous term with several possible meanings, depending on context. Immersion in water and exposure to high ambient pressure have physiological effects that limit the depths and duration possible in ambient pressure diving. Humans are not physiologically and anatomically well-adapted to the environmental conditions of diving, and various equipment has been developed to extend the depth and duration of human dives, and allow different types of work to be done.

<span class="mw-page-title-main">Scientific diving</span> Use of diving techniques in the pursuit of scientific knowledge

Scientific diving is the use of underwater diving techniques by scientists to perform work underwater in the direct pursuit of scientific knowledge. The legal definition of scientific diving varies by jurisdiction. Scientific divers are normally qualified scientists first and divers second, who use diving equipment and techniques as their way to get to the location of their fieldwork. The direct observation and manipulation of marine habitats afforded to scuba-equipped scientists have transformed the marine sciences generally, and marine biology and marine chemistry in particular. Underwater archeology and geology are other examples of sciences pursued underwater. Some scientific diving is carried out by universities in support of undergraduate or postgraduate research programs, and government bodies such as the United States Environmental Protection Agency and the UK Environment Agency carry out scientific diving to recover samples of water, marine organisms and sea, lake or riverbed material to examine for signs of pollution.

<span class="mw-page-title-main">Public safety diving</span> Underwater work done by law enforcement, rescue and search and recovery teams

Public safety diving is underwater diving conducted as part of law enforcement and search and rescue. Public safety divers differ from recreational, scientific and commercial divers who can generally plan the date, time, and location of a dive, and dive only if the conditions are conducive to the task. Public safety divers respond to emergencies 24 hours a day, 7 days a week, and may be required to dive in the middle of the night, during inclement weather, in zero visibility "black water," or in waters polluted by chemicals and biohazards.

<span class="mw-page-title-main">Diving supervisor</span> Professional diving team leader responsible for safety

The diving supervisor is the professional diving team member who is directly responsible for the diving operation's safety and the management of any incidents or accidents that may occur during the operation; the supervisor is required to be available at the control point of the diving operation for the diving operation's duration, and to manage the planned dive and any contingencies that may occur. Details of competence, requirements, qualifications, registration and formal appointment differ depending on jurisdiction and relevant codes of practice. Diving supervisors are used in commercial diving, military diving, public safety diving and scientific diving operations.

<span class="mw-page-title-main">Diver training</span> Processes to develop the skills and knowledge to dive safely underwater

Diver training is the set of processes through which a person learns the necessary and desirable skills to safely dive underwater within the scope of the diver training standard relevant to the specific training programme. Most diver training follows procedures and schedules laid down in the associated training standard, in a formal training programme, and includes relevant foundational knowledge of the underlying theory, including some basic physics, physiology and environmental information, practical skills training in the selection and safe use of the associated equipment in the specified underwater environment, and assessment of the required skills and knowledge deemed necessary by the certification agency to allow the newly certified diver to dive within the specified range of conditions at an acceptable level of risk. Recognition of prior learning is allowed in some training standards.

<span class="mw-page-title-main">Diving instructor</span> Person who trains and assesses underwater divers

A diving instructor is a person who trains and usually also assesses competence of underwater divers. This includes freedivers, recreational divers including the subcategory technical divers, and professional divers which includes military, commercial, public safety and scientific divers.

<span class="mw-page-title-main">Dive planning</span> The process of planning an underwater diving operation

Dive planning is the process of planning an underwater diving operation. The purpose of dive planning is to increase the probability that a dive will be completed safely and the goals achieved. Some form of planning is done for most underwater dives, but the complexity and detail considered may vary enormously.

Diving safety is the aspect of underwater diving operations and activities concerned with the safety of the participants. The safety of underwater diving depends on four factors: the environment, the equipment, behaviour of the individual diver and performance of the dive team. The underwater environment can impose severe physical and psychological stress on a diver, and is mostly beyond the diver's control. Equipment is used to operate underwater for anything beyond very short periods, and the reliable function of some of the equipment is critical to even short-term survival. Other equipment allows the diver to operate in relative comfort and efficiency, or to remain healthy over the longer term. The performance of the individual diver depends on learned skills, many of which are not intuitive, and the performance of the team depends on competence, communication, attention and common goals.

<span class="mw-page-title-main">Outline of underwater diving</span> Hierarchical outline list of articles related to underwater diving

The following outline is provided as an overview of and topical guide to underwater diving:

<span class="mw-page-title-main">Media diving</span> Underwater diving in support of the media industries

Media diving is underwater diving in support of the media industries, including the practice of underwater photography and underwater cinematography outside of normal recreational interests. Media diving is often carried out in support of television documentaries, such as the BBC series Planet Earth or movies, with feature films such as Titanic and The Perfect Storm featuring underwater photography or footage. Media divers are normally highly skilled camera operators who use diving as a method to reach their workplace, although some underwater photographers start as recreational divers and move on to make a living from their hobby.

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 is generally outside the scope of diving regulations, and tends to be self-regulated through voluntary membership of industry organisations.

<span class="mw-page-title-main">Diving team</span> Group of people working together to enhance dive safety and achieve a task

A diving team is a group of people who work together to conduct a diving operation. A characteristic of professional diving is the specification for minimum personnel for the diving support team. This typically specifies the minimum number of support team members and their appointed responsibilities in the team based on the circumstances and mode of diving, and the minimum qualifications for specified members of the diving support team. The minimum team requirements may be specified by regulation or code of practice. Some specific appointments within a professional dive team have defined competences and registration may be required.

Commercial divers as defined in the Diving Regulations to the Occupational Health and Safety Act 85 of 1993 are required to be registered with the Department of Employment and Labour. The Department of Employment and Labour has jurisdiction only within the national borders of South Africa, and therefore registered diving schools are required to operate within the borders of South Africa where the Diving Regulations apply. A registered diving school is required to comply with the Code of Practice for Commercial Diver Training, and the training standards published by the department for divers, supervisors and instructors respectively.

A dive briefing or pre-dive briefing is a meeting of the diving team or dive group before the dive to allow the supervisor, dive leader or dive boat skipper to inform the attendees of the dive plan, contingency plans and emergency plans for the dive. The amount of detail presented should be appropriate to the dive, but there are several topics which are considered standard components of a dive briefing. The topics may vary depending on context.

References

  1. "Reglamentacion del buceo professional". www.argentina.gob.ar (in Spanish). 2008. Archived from the original on 2020-10-25. Retrieved 2020-10-23.
  2. "Inscribir entidades de buceo deportivo". Argentina.gob.ar (in Spanish). 2019-05-08. Archived from the original on 2020-10-21. Retrieved 2020-10-23.
  3. 1 2 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.
  4. 1 2 3 4 5 6 7 8 9 Staff. "European Diving Regulations". The European Diving Technology Committee. Archived from the original on 1 April 2017. Retrieved 16 November 2016.
  5. "Chapter V.2 Recreative underwater diving". S-3.1 - Act respecting safety in sports. Quebec City: Gouvernement du Québec. Archived from the original on 16 November 2016. Retrieved 16 November 2016.
  6. 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). Archived (PDF) from the original on 17 July 2016. Retrieved 16 November 2016.
  7. "Recreational diving Act, 1979" (in Hebrew). Knesset. 1979. Archived from the original on 1 October 2015. Retrieved 16 November 2016 via WikiSource.
  8. "Sicilian law on commercial diving training". Gazzetta Ufficiale della Repubblica Italiana (in Italian). Regione siciliana. Archived from the original on 7 October 2020. Retrieved 7 October 2020.
  9. "Maldives Recreational Diving Regulation" (PDF). Ministry of Tourism, Republic of Maldives. 2003. Archived (PDF) from the original on 16 November 2016. Retrieved 16 November 2016.
  10. "Legal Notice 359 of 2012: Recreational Diving Services Regulations". Malta Travel and Tourism Services Act: Subsidiary legislation 409.13. Malta. 19 October 2012. Archived from the original on 9 January 2018. Retrieved 16 November 2016.
  11. "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 4 November 2016. Retrieved 3 November 2016 via Southern African Legal Information Institute.
  12. Diving Advisory Board. Code Of Practice Inshore Diving (PDF). Pretoria: The South African Department of Labour. Archived from the original (PDF) on 9 November 2016. Retrieved 16 September 2016.
  13. Diving Advisory Board. Code Of Practice for Scientific Diving (PDF). Pretoria: The South African Department of Labour. Archived from the original (PDF) on 9 November 2016. Retrieved 16 September 2016.
  14. Diving Advisory Board (2007). Code of Practice for Commercial Diver Training, Revision 3 (PDF). Pretoria: South African Department of Labour. Archived from the original (PDF) on 7 November 2016. Retrieved 6 November 2016.
  15. "Verordnung über die Sicherheit der Arbeitnehmerinnen und Arbeitnehmer bei Arbeiten im Überdruck". fedlex.ch (in German). Archived from the original on 2 September 2021. Retrieved 2 September 2021.
  16. "Ordonnance sur la sécurité des travailleurs lors de travaux en milieu hyperbare". fedlex.ch (in French). Archived from the original on 2 September 2021. Retrieved 2 September 2021.
  17. "Ordinanza sulla sicurezza dei lavoratori nei lavori in condizioni di sovrappressione". fedlex.ch (in Italian). Archived from the original on 16 June 2021. Retrieved 2 September 2021.
  18. 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). Archived from the original on 31 October 2019. Retrieved 6 November 2016.
  19. Staff. "Marine licensing – Guidance for recreational divers". British Sub-Aqua Club. Archived from the original on 16 November 2016. Retrieved 16 November 2016.
  20. "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. Archived from the original on 9 May 2013. Retrieved 16 November 2016.