The Law

The Authority is currently assisting the Department of Business, Enterprise and Innovation in finalisation of legislative proposals to replace the Safety in Industry (Diving Operations) Regulations 1981 (S.I. No. 422 of 1981).

The legislative proposals (the Safety, Health and Welfare at Work (Diving) Regulations) are currently with the Office of the Parliamentary Counsel for Government for legal settlement. A timeframe for completion of this process is not known at this stage.

Current Diving Legislation

Diving at work is currently regulated by the Safety in Industry (Diving Operations) Regulations, 1981 (S.I. No. 422 of 1981). These regulations prescribe the measures to be taken to safeguard the safety, health and welfare of persons engaged in diving operations coming within the scope of the Safety in Industry Acts 1955 and 1980. As a result the regulations are limited in their application and mainly apply to surface fed diving activities in, at or from factories, docks, wharfs, warehouses, building operations, electrical stations and works of engineering construction.

Certain industries where diving is carried out, for instance fish farms, are not covered specifically by the current diving regulations, but the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) is applicable to all diving at work activities.

Recreational diving does not come under the scope of the Safety, Health and Welfare at Work Act 2005 except where paid instructors or related persons for example, boat crew, cylinder suppliers are engaged in work activities associated with recreational diving.

Full legislation is available on the Office of the Attorney General Website