Diving at Work Regulations 1997: HSE Diving Rules

Regulatory citation: Diving at Work Regulations 1997 (SI 1997/2776)

What Are the Diving at Work Regulations?

The Diving at Work Regulations 1997 apply to every diving project where at least one person dives at work. A person dives if they enter water or another liquid, or a chamber at more than 100 millibars above atmospheric pressure, and breathe air or gas at above atmospheric pressure. This covers commercial offshore and inshore diving, media diving, recreational diving instruction and scientific and archaeological diving.

The Regulations do not apply to medical treatment of patients, to armed forces operations or training for warfare, or to work in compressed air used to keep ground water out of works, which has its own regulations.

Why Diving Safety Matters

Divers face drowning, decompression illness, equipment failure and hazards from the work itself. The Regulations make one organisation clearly responsible for each project and require planning, supervision and medically fit, qualified divers.

Core Requirements

1. Appoint One Diving Contractor (Regulation 5)

Every diving project must have one, and only one, diving contractor. This is the employer of the divers, or a self-employed diver taking part. If more than one person could be the contractor, they must jointly appoint one in writing before the project starts. Everyone involved must also take reasonable steps to ensure the Regulations are complied with (regulation 4).

2. Notify HSE (Regulation 7)

No one may act as a diving contractor unless the particulars in Schedule 1 have been sent in writing to HSE, with changes notified promptly. This does not apply to recreational projects where every diver, other than people at work, dives for recreation.

3. Prepare a Diving Project Plan (Regulation 8)

Before the project starts, the contractor must prepare a plan based on a risk assessment. It must set out the information and instructions needed to protect those taking part, identify any relevant Approved Code of Practice and divide the project into diving operations that one person can safely supervise.

4. Resource and Record the Project (Regulation 6)

The contractor must ensure the project is planned, managed and conducted safely, with enough competent people for the work and for emergencies, and with suitable plant maintained in safe working condition. A diving operation record must be kept for each operation for at least two years after the last entry.

5. Appoint a Supervisor for Each Operation (Regulations 6, 9–11)

Before each diving operation, the contractor must appoint one competent and, where appropriate, suitably qualified supervisor in writing, and give them the relevant part of the plan. The supervisor must ensure the operation is carried out safely, brief everyone on the plan and may give reasonable directions to anyone taking part. Supervisors may dive only in limited cases set out in regulation 10.

6. Check Diver Qualifications and Medicals (Regulations 12 and 15)

Each diver must hold an HSE approved qualification for the work and a valid certificate of medical fitness to dive. Certificates are issued by medical examiners of divers approved by HSE and are valid for no more than 12 months. A diver can appeal a refusal or restriction to HSE within 28 days.

7. Meet Diver Duties (Regulations 12(3) and 13)

Divers must keep a daily record of their diving for at least two years after the last entry. No one may dive unless competent for the work and aware of nothing, such as illness, that makes them unfit. Everyone involved must follow the supervisor's directions and the plan.

Common Compliance Approaches

Use the Right ACOP

HSE publishes five Approved Codes of Practice, L103 to L107, for offshore, inland and inshore, recreational, media and scientific and archaeological projects. The current versions came into force on 8 December 2014.

Check Certificates Before Every Project

Verify each diver's qualification and medical certificate expiry date when building the team, not on the day of the dive.

Plan for Rescue

Include a standby diver, rescue equipment and emergency contacts for the nearest recompression chamber in the diving project plan.

Example: Diving at Work in Practice

A marine services company is hired to inspect harbour wall foundations. As the divers' employer, it is the diving contractor and has already sent its details to HSE. It prepares a diving project plan from a risk assessment covering vessel traffic, tidal currents and visibility, and appoints a qualified supervisor in writing. The supervisor checks each diver's approved qualification and medical certificate, briefs the team with a standby diver ready, and records each dive in the diving operation record.

Related regulations: Work in Compressed Air Regulations 1996, Confined Spaces Regulations 1997, MHSWR risk assessments.

Note: This summary reflects the law as it applies in Great Britain, enforced by the Health and Safety Executive (HSE) and other enforcing authorities. Northern Ireland has equivalent but separate legislation. Always check the current legislation and HSE guidance.

Frequently Asked Questions

Who is the diving contractor?

The diving contractor is the employer of the divers taking part, or a self-employed diver who dives in the project. There must be only one diving contractor for each project, appointed jointly in writing if more than one person qualifies.

How long is a diving medical certificate valid?

A certificate of medical fitness to dive states the period for which it is valid, which must not be more than 12 months. It is issued by a medical examiner of divers approved by HSE.

Do recreational diving instructors fall under the Regulations?

Yes, when they dive at work. Recreational diving projects follow the L105 Approved Code of Practice, and HSE notification is not needed where every diver, other than people at work, dives for recreation.