List of legislation regulating underwater diving
(Redirected from Diving law)
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.
Argentina
[edit]- 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
[edit]Queensland
[edit]- Safety in Recreational Water Activities Act 2011.[3]
- Safety in Recreational Water Activities Regulation 2011.[3]
- Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2018
- A Queensland code of practice under section 43 of the Safety in Recreational Water Activities Act 2011 [4]
Austria
[edit]- Verordrung 501: Druckluft- und Taucherarbeiten- Verordnung[5]
- Inshore diving
Canada
[edit]Quebec
[edit]- S-3.1 Act respecting safety in sports, Chapter V.2 Recreative underwater diving 1997, c. 37, s. 2.[6]
- 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
[edit]- Consolidated decree on the entry into force for Greenland of the act on diving operations and diving equipment, etc.[7]
- 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
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Germany
[edit]- Festlandsockelbergvorordnung[5]
- Regulates offshore diving
- Unfallsverhütungsvorschrift "Taucharbeiten" VBG 39[5]
- Regulates inshore and inland diving
- Unfallsverhütungsvorschrift "Arbeitsmedizinische Versorge" VBG 100[5]
- Requirement for medical certificates
Israel
[edit]- Recreational diving Act, 1979[8]
- 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
[edit]Sicily
[edit]- Sicilian law on commercial diving training, 2016[9]
- 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
[edit]- Maldives Recreational Diving Regulation, 2003[10]
- 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
[edit]- Recreational Diving Services Regulation, 2012[11]
- 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
[edit]- Anschrijving Duikherkammeren[5]
- Regulates offshore diving
- Labour and Work Act[5]
- Regulates inshore and inland diving
Norway
[edit]- Regulation relating to manned underwater operations in the petroleum activities with guidelines[5]
- Regulates offshore diving
- Dykking Best nr.511 (Diving No. 511)[5]
- Regulates inshore diving
South Africa
[edit]- 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[12]
- 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[13]
- 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[14]
- 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[15]
- 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.
- SANOP 96
- Diving operations carried out by the South African Navy in compliance wit South African Naval Operational Publication number 96 are deemed to be in compliance with the diving regulations[12]
Spain
[edit]The government of Spain issued a royal decree taking effect on 1 July 2020 (Real Decreto 550/2020 de 2 de junio: Condiciones de Seguridad de las actividades de buceo), regulating recreational diving activities[16][17][18] Restrictions include:
- a diver must have the appropriate and necessary training for the type of diving intended,
- diving service providers and clubs have an obligation to ensure that equipment to be used for diving operations complies with the current regulations and the manufacturer's recommendations,
- the minimum age for diving is 18 years, but for recreational diving 8 years, subject to depth limits by age for divers younger than 18 years,
- some items of equipment are compulsory, such as:
- diving equipment including mask, snorkel, fins, buoyancy compensation device, regulator with two second stages, and submersible pressure gauge,
- safety equipment including a dive computer or timer and dive tables, a cutting device, a surface marker buoy, and a sound signal for the surface,
- fitness to dive according to the RSTC questionnaire.
- with the exception of the support vessel, all vessels must remain at least 50 metres from the diving area,
- recreational diving is limited to 40 meters depth on air and nitrox, with direct access to the surface, with a buddy,
- scheduled decompression diving is not permitted,
- penetration diving in caves and wrecks beyond natural light and beyond a penetration of 30 metres is not permitted,
- recreational divers must have accident and civil liability insurance covering diving activities.
Sweden
[edit]- Dykeriarbete (English: Diving Works)[5]
- Regulates inshore and inland diving, no offshore regulations
Switzerland
[edit]- Hyperbaric Worker Safety Ordinance, 15 April 2015[19][20][21]
- Regulates inshore/inland diving, no offshore regulations
United Kingdom
[edit]- Diving at Work Regulations 1997[22]
- 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.[23]
United States
[edit]- Regulations (Standards - 29 CFR), Part Number: 1910, Occupational Safety and Health Standards, Subpart: T - Commercial Diving Operations. Standard Number: 1910.424 - SCUBA diving.[24]
Exemptions
[edit]- Scientific diving[25]
- Search and rescue and emergency public safety operations in public safety diving (some states, only when there is a reasonable expectation of rescuing a survivor or when the probable consequences of delay exceed the probable consequences of diving)[26]
- Covert operations by military divers.[citation needed]
References
[edit]- ^ "Reglamentacion del buceo professional". www.argentina.gob.ar (in Spanish). 2008. Archived from the original on 2020-10-25. Retrieved 2020-10-23.
- ^ "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.
- ^ a b 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.
- ^ "Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2018</" (PDF). www.worksafe.qld.gov.au. Retrieved 9 April 2024.
- ^ a b c d e f g h i Staff. "European Diving Regulations". The European Diving Technology Committee. Archived from the original on 1 April 2017. Retrieved 16 November 2016.
- ^ "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.
- ^ 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.
- ^ "Recreational diving Act, 1979" (in Hebrew). Knesset. 1979. Archived from the original on 1 October 2015. Retrieved 16 November 2016 – via WikiSource.
- ^ "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.
- ^ "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.
- ^ "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.
- ^ a b "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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ "Diving in the Canaries". scubasur.net. Retrieved 6 September 2024.
- ^ "New Diving Standard 2020". openwater.es. 2 July 2020. Retrieved 6 September 2024.
- ^ "Real Decreto 550/2020, de 2 de junio, por el que se determinan las condiciones de seguridad de las actividades de buceo". www.boe.es (in Spanish). Retrieved 7 September 2024.
- ^ "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.
- ^ "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.
- ^ "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.
- ^ 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.
- ^ Staff. "Marine licensing – Guidance for recreational divers". British Sub-Aqua Club. Archived from the original on 16 November 2016. Retrieved 16 November 2016.
- ^ "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.
- ^ Schwarck, Nathan T. "Scientific Diving History and the American Academy of Underwater Sciences" (PDF). Retrieved 4 June 2020.
- ^ Phillips, Mark (November 2015). "Public Safety Diving and OSHA, Are We Exempt? Final Answer" (PDF). PS Diver Magazine. Mark Phillips. Retrieved 7 June 2016.
