Legislative requirement relating diving work

Information below are extracts from the Work Health and Safety (General) Regulations 2022.

General diving work – definition [r. 5]

General diving is work that is carried out in or under water while breathing compressed gas; and includes:

1. incidental diving work i.e., work that is incidental to the conduct of the business or undertaking in which the diving work is carried out and involves limited diving (acting underwater is incidental to the business or undertaking of filming)
2. limited scientific diving work i.e. work that is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity; and involves only limited diving

but does not include high risk diving work.

Limited diving – definition [r. 5]

Limited diving does not include any of the following:

1. diving to a depth below 30 metres
2. the need for a decompression stop
3. the use of mechanical lifting equipment or a buoyancy lifting device
4. diving beneath anything that would require the diver to move sideways before being able to ascend
5. the use of plant that is powered from the surface
6. diving for more than 28 days during a period of 6 months.

Limited scientific diving work [r. 5]

Diving work that:

1. is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity
2. involves only limited diving.

High risk diving work – definition [r. 5]

Work carried out in or under water or any other liquid while breathing compressed gas; and involving 1 or more types of work specified below:

1. construction work
2. work of the kind described in regulation 289(3)(d) (i.e., testing, maintenance or repair work of a minor nature carried out in connection with a structure)
3. inspection work carried out to determine whether or not work described in item 1 or 2 is necessary
4. the recovery or salvage of a large structure or large item of plant for commercial purposes.

High risk diving work does not include minor work carried out in the sea or the waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining or searching for a vessel or mooring.

Fitness to dive [rr. 168-169]

A person conducting a business or undertaking must not direct a worker to undertake general diving work or training for general diving unless the worker:

1. holds a current certificate of medical fitness
2. complies with any conditions on the current certificate of medical fitness.

A certificate of medical fitness must be issued by a registered medical practitioner with training in underwater medicine; and state the following:

1. the name of the person who issued it
2. its date of issue and expiry
3. whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work
4. any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.