The Law

The Safety, Health and Welfare at Work (Diving) Regulations 2018 (S.I. No. 254 of 2018) were signed by Minister Pat Breen on 12 July 2018.  The Regulations come into force on 1 May 2019

The two associated Codes of Practice (for Inland and Inshore Diving and for Offshore Diving) are currently going through the Authority’s legislative process. This process will include a public consultation and the codes will be published by 1 May 2019. 

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