STATUTORY INSTRUMENTS.

S.I. No. 422 of 1981.

SAFETY IN INDUSTRY (DIVING OPERATIONS) REGULATIONS, 1981.

S.I. No. 422 of 1981.

SAFETY IN INDUSTRY (DIVING OPERATIONS) REGULATIONS, 1981.

ARRANGEMENT OF REGULATIONS

First Schedule:  Matters in respect of which provision is to be made in diving rules.

Second Schedule: Compression Chambers.

S.I. No. 422 of 1981.

SAFETY IN INDUSTRY (DIVING OPERATIONS) REGULATIONS, 1981.

I, LIAM KAVANAGH, Minister for Labour, in exercise of the powers conferred on me by sections 6, 20, 57, 71, 83, 84, 85, 86, 87, 88 and 89 of the Factories Act, 1955 (No. 10 of 1955) , and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), and after consultation with the Minister for Health and after due compliance with the provisions of the Third Schedule to that Act, hereby make as special regulations the following Regulations:

1. (1) These Regulations may be cited as the Safety in Industry (Diving Operations) Regulations, 1981, and shall come into operation on the 29th day of December, 1981.

(2) In these Regulations--

“the Act” means Factories Act, 1955 ( No. 10 of 1955 );

“ambient pressure” means the external pressure to which the body of a diver is for the time being subjected either under water or, as the case may be, in a compression chamber;

“appropriate breathing mixture” means a breathing mixture which, having regard to the plant and equipment used in the diving operations, the work undertaken in those operations and the conditions in which and the depth at which they are to be carried out, is suitable in content and temperature and of adequate pressure;

“approved of” means approved of for the time being by the Minister;

“approved doctor” means a registered medical practitioner approved of for the time being by the Minister as a competent person to issue a certificate that a person is fit to take part as a diver in diving operations;

“bottom time” means the duration of a dive from the time of leaving the surface to the commencement of ascent to the surface;

“breathing mixture” means any mixture of gases which is both fit for breathing by humans and free from contamination;

“diver” means a person who is subjected to pressure above normal by reason of being either submerged in water or subjected to such pressure in a chamber in diving operations;

“diver's indicator device” means a lamp or other device attached to a diver for the purpose of indicating the position of the diver when he is on the surface of water;

“diving operations” means diving operations to which these Regulations apply and include anything done by or required by these Regulations to be done by or in relation to a diver preparatory to the commencement of or subsequent to the completion of a dive;

“diving plant and equipment” means plant and equipment intended to form part of the life-support system of a diver;

“diving rules” has the meaning assigned thereto by Regulation 8;

“diving supervisor” means, in relation to any diving operations, the competent person referred to in Regulation 3 (5) who has been duly appointed in relation to such operations by the employer of divers;

“employer of divers”, in relation to any diving operations, has the meaning assigned thereto by Regulation 3 (2);

“environmental conditions” means--

(a) meteorological forecasts,

(b) tidal information (including local tide tables and indications of the anticipated speed of tidal current),

(c) proposed shipping movements,

(d) the presence of any culverts, penstocks, sluice valves or of areas in which differences in hydrostatic pressure may endanger the diver, and

(e) air and water temperatures;

“master”, in relation to a ship or vessel, includes a captain or other person for the time being in charge;

“the Minister” means the Minister for Labour;

“lifeline” means a rope, gas hose, communication cable or any combination of the foregoing and which--

(a) has a circumference of not less than 25 millimetres, and

(b) is both suitable and of adequate strength for lifting from the water a diver and his equipment;

“personal diving equipment” means equipment carried by a diver on his person and includes his diving suit, breathing apparatus and gas bottles;

“the relevant person” means--

(a) the occupier of any premises mentioned in paragraph (a), (b), (c) or (d) of Regulation 2 (1) of these Regulations, being premises at or in connection with which diving operations are carried on,

(b) the person undertaking--

(i) any work which is described in section 87 (1) of the Act,

(ii) any building operations described in section 88 of the Act,

(iii) any work of engineering construction described in section 89 of the Act;

“saturation techniques” means procedures in accordance with which a diver is continuously subjected to an ambient pressure greater than atmospheric pressure so that his body tissues and blood become saturated with the inert element of the breathing mixture;

“vessel” (except in the expression “pressure vessel”) includes a hovercraft and any floating structure other than an offshore installation.

2. (1) These Regulations apply to any diving operations which are carried out,

(a) in, at or from any factory,

(b) in, at or from any dock, wharf or quay,

(c) in, at or from any premises which are either a warehouse mentioned in section 86 (1) of the Act or premises mentioned in subsection (1) or subsection (2) of section 83 of the Act,

(d) in, at or from any premises to which the provisions of Part V of the Act with respect to special regulations for safety and health are applied by section 84 or 85 of the Act,

(e) in the course of any work which is work described in section 87 (1) of the Act,

(f) in the course of any building operations described in section 88 of the Act,

(g) in the course of any works of engineering construction described in section 89 of the Act.

(2) (a)  A person shall not carry out any diving operations to which these Regulations apply without having given to the Minister, not less than twenty-one days prior to the date on which the operations are to be commenced, notice in writing of the proposal to carry out the operations and of the name of the person by whom and the place at which it is intended to carry out the operations.

(b)  In any proceedings for an alleged offence under section 100 of the Act by reason of a contravention of subparagraph (a) of this paragraph, it shall be a defence to prove that such diving operations were carried out in an emergency.

(3) The Minister may (subject to such conditions, if any, as may be specified therein) by certificate exempt from any or all of the requirements of these Regulations any factory, premises or other place or ship if he is satisfied that the requirements in respect of which the exemption is granted are not necessary for the protection of persons employed or are impracticable.

(4) None of the provisions of these Regulations is in substitution for a provision of the Act.

3. (1) Where diving operations are carried on it shall be the duty of the relevant person to secure that effective arrangements are made in order to ensure that these Regulations are complied with by any person upon whom duties are imposed by these Regulations and to secure that such arrangements when made are efficiently carried out.

(2) Without prejudice to the generality of paragraph (1) of this Regulation, the arrangements mentioned in that paragraph shall provide for a competent person's, in these Regulations referred to as “the employer of divers”, carrying out the duties imposed by these Regulations upon the employer of divers. The employer of divers shall be the person who employs under contract of service all divers engaged to carry out any diving operations to which the said arrangements apply and, where there is no such person, the employer of divers shall be the relevant person (whether or not he is an employer).

(3) Where diving operations are carried on, it shall be the duty of the relevant person to secure that all plant and equipment (other than diving plant and equipment), which is plant and equipment necessary for the safe conduct of the operations, is available and is of sound construction and suitable material, in good working order and adequate for the purpose for which it is to be used.

(4) It shall be the duty of the employer of divers to make effective arrangements to secure that all provisions of these Regulations, which impose duties either upon the diving supervisor or upon divers, are complied with and to secure that the arrangements which are made are efficiently carried out.

(5) The employer of divers shall,

(a) appoint in writing a competent person, who shall be a person with an adequate knowledge of the diving techniques to be used in the diving operations for which he is so appointed and be or have been qualified to be employed as a diver in accordance with these Regulations (which person is in these Regulations referred to as the “diving supervisor”), to carry out in relation to such operations the duties imposed by these Regulations upon the diving supervisor, and

(b) secure that all divers engaged in diving operations and the diving operations carried out, or to be carried out, by them are under the immediate and effective control of the diving supervisor.

(6)   (a) On and after the commencement of this paragraph, a person shall not be appointed to be a diving supervisor unless he is the holder of a certificate or other qualification which relates to first-aid and which for the time being is both approved of and specified as being suitable for the purposes of this paragraph by the Minister,

(b) this paragraph shall come into force on the 1st day of January, 1984.

4. (1) Where diving operations are carried on, it shall be the duty of the relevant person to secure that no operations or activities which might be a danger to any person engaged in the diving operations are carried on from, on, or in connection with the factory, warehouse or other premises or the dock, wharf, quay, ship or place concerned.

(2) Where diving operations are carried on, it shall be the duty of the relevant person to consult the diving supervisor as regards the requirements of paragraph (1) of this Regulation before the commencement of the diving operations.

(3) It shall be the duty of the relevant person,

(a) to make available to the diving supervisor any plant, equipment or facilities reasonably required by the diving supervisor to secure the safety, health and welfare of any diver engaged in diving operations,

(b) to secure that a suitable and safe place, from which diving operations may be carried on, is made available to any person carrying on such operation.

(4) Where diving operations are carried on, it shall be the duty of the relevant person to secure that suitable signs are displayed on the control panel, or any other controls, of any plant or equipment on or forming part of the factory, premises or other place or ship and which is plant or equipment the operation, or cessation of operation, of which is likely to be a danger to any diver, warning persons of that danger and indicating the steps to be taken in relation to the controls and the diving to avoid such danger.

5. It shall be the duty of the master of a ship or other vessel from which diving operations are, or are to be, carried on,

(a) to secure that no activities or other operations which might be a danger to any person engaged in the diving operations are carried on from or on the ship or other vessel and to consult the diving supervisor about the said activities or other operations before the commencement of the diving operations,

(b) to make available to the diving supervisor any plant, equipment or facilities reasonably required by the diving supervisor to secure the safety, health and welfare of any diver engaged in the diving operations,

(c) to make available a suitable and safe place, from which the diving operations may be carried out, to the persons carrying out the diving operations,

(d) to secure that no such diving operations are carried on unless adequate flags, lights and other suitable warning devices to inform all persons in the vicinity that diving operations are in progress or are about to begin are exhibited by the ship or other vessel and by any attendant ship,

(e) to secure that signs are displayed on the control panel, or any other controls, of any plant or equipment on or forming part of the ship or other vessel and which is plant or equipment the operation, or cessation of operation, of which is likely to be a danger to any diver, warning persons of that danger, and

(f) to secure that no such diving operations, other than diving operations carried out in connection with a ship or other vessel, are carried on unless effective means of communication are maintained between the said master and the relevant person.

6. (1) It shall be the duty of both the employer of divers and the diving supervisor to secure that none of the following diving operations is carried on, namely,

(a) diving operations from a ship which is under way,

(b) a diving operation in the course of which the diver is at any time while he is under water neither equipped with nor securely connected to a lifeline or a breastrope which is tended by--

(i) an attendant on the surface of the water, or

(ii) an attendant submersible compression chamber if one is being used in the diving operations, or

(iii) another diver who is equipped with and tended either by an attendant on the surface or by an attendant in such a chamber,

(c) diving operations at depths greater than 50 metres (not being diving operations made in an emergency affecting or likely to affect the health or safety of a diver engaged in diving operations) other than such diving operations as regards which--

(i) every descent from and ascent to the surface is made in a submersible compression chamber, and

(ii) particulars of the diving tables to be followed in carrying on the operations have been submitted to the Minister not less than twentyone days before the date of the proposed commencement of the operations;

(d) diving operations using saturation techniques, other than diving operations as regards which particulars of the techniques to be used and the procedures to be followed in carrying out the operations have been duly submitted to the Minister.

(2) Particulars being submitted pursuant to this Regulation to the Minister should be so submitted not less than twentyone days, or such shorter period as may in a particular case be approved of, prior to the commencement of the diving operations to which the particulars relate.

(3) If at any time a ship or other vessel is not at anchor, is not aground, or is not made fast to the shore or to a fixed structure, then for the purposes of this Regulation the ship or other vessel shall be regarded as being under way at that time.

7. A diver engaged in diving operations shall neither go nor remain under water if he is unfit to do so or knows of any other sufficient reason why he should not do so, and in case

he is so unfit or so knows, he shall inform the diving supervisor of his unfitness or the other reason.

8. (1) Every employer of divers shall make rules for regulating the conduct of all persons engaged in diving operations under his control and those rules shall be in writing and shall be known, and in these Regulations are referred to, as “diving rules”.

(2) Diving rules shall include provisions--

(a) for securing compliance with these Regulations,

(b) for securing the safety, health and welfare of persons engaged in diving operations,

(c) regarding the matters specified in the First Schedule to these Regulations;

and in addition to the foregoing diving rules shall include diving tables for use in decompression procedures and in therapeutic decompression procedures.

(3) The employer of divers shall on being required so to do furnish to the Minister, or to an inspector, a copy of the diving rules made by him and which are for the time being in force.

(4) It shall be the duty of the employer of divers to supply to any person engaged in or likely to be engaged in diving operations either a copy of the diving rules made by him and which are for the time being in force or a document setting out the effect of such rules insofar as they concern that person.

9. (1) A diving supervisor shall be present at the place from which diving operations are being carried out, together with such number of persons with the requisite knowledge as may be necessary to operate the plant, equipment and facilities referred to in paragraph (2) (b) of this Regulation while any diver is under water.

(2) A diving supervisor shall secure that all diving operations are carried on in accordance with the diving rules made by the relevant employer of divers and that--

(a) all plant, equipment and facilities necessary for the safe conduct of the diving operations are provided for and are used by the persons carrying on such operations,

(b) no diving plant or equipment is used in or in connection with the diving operations unless it complies with the requirements of Regulations 16 and 17 of these Regulations,

(c) in addition to complying with paragraph (1) of this Regulation there are, at all times when diving operations are, or are about to be, carried on, present at the place from which such operations are, or are to be carried on, apart from any diver who is below water or is about to dive, at least two divers, hereinafter referred to as “stand-by divers”, provided that--

(i) notwithstanding the foregoing where a submersible compression chamber is used in the diving operations, one of the said stand-by divers may be located therein,

(ii) where two divers are working under water at the same time and are connected to each other by a lifeline, for the purposes of this subparagraph each may be regarded as a stand-by diver for the other and accordingly the requirement of this sub-paragraph shall be satisfied if there is one stand-by diver at the place from which the diving operations are carried on,

(iii) where, in case of emergency, either stand-by diver goes or, if the emergency so requires, both of them go to the assistance of any diver under water, then for so long as the emergency continues it shall not be a contravention of this sub-paragraph if only one stand-by diver or (as the case may be) no such diver remains at the place from which the operations are carried on, and

(iv) where diving operations are carried on by a diver in water not exceeding 50 metres in depth, the requirements of this subparagraph shall be regarded as being complied with if another diver provided with sufficient suitable plant or equipment is available to go to the first-mentioned diver's assistance in an emergency,

(d) where there are two or more stand-by divers at the place from which the diving operations are, or are about to be, carried on at least one of them shall be in a state of immediate readiness to dive and where there is only one stand-by diver at such place he shall be in such state,

(e) where any submersible compression chamber is used in the diving operations,

(i) at least two divers are in the submersible compression chamber as it descends to the depth at which work is to be carried on, and

(ii) at least one diver remains in the submersible compression chamber to monitor any diver who has left the submersible compression chamber and to be available to leave that chamber should any diver who has so left require assistance in the event of an emergency, and in case such an emergency arises, then for so long as the emergency continues it shall not be a contravention of this subparagraph if the chamber is left without a diver present, and

(f) all other reasonable precautions against danger or injury to or illness of the divers and other persons engaged in the diving operations are taken.

(3) A diving supervisor shall not permit any diver to take part as a diver in diving operations if in the opinion of the supervisor the diver is not fit to dive in those operations.

(4) A diving supervisor shall consult the relevant person about the conduct of diving operations and, where such operations are to be carried out from a ship or other vessel he shall likewise consult the master of the ship or other vessel.

10. (1) The diving supervisor shall, in relation to each diving operation, record in a book provided for the purposes of this Regulation by the relevant employer of divers (which book is subsequently referred to in this Regulation as the “diving operations logbook”) the following particulars, namely,

(a) the name of the employer of divers,

(b) the date on which and the period during which the diving operation was carried on,

(c) the name or other designation and the location of the factory, ship, dock, wharf, quay, warehouse or other premises in relation to which or, as the case may require, particulars of the building operations, works of engineering construction or other works in the course of which, the operation is carried on,

(d) his own name and the period for which he acted as diving supervisor,

(e) the names of the other persons engaged in the diving operation, including those operating any diving plant or equipment, and their respective duties,

(f) the procedures followed in the course of the operation specifying in particular details of the compression schedule used,

(g) the maximum depth reached in the course of the operation,

(h) the time at which the diver leaves the surface, the bottom time and the time at which the diver regains the surface,

(i) the type of equipment and breathing mixture used in relation to the operation,

(j) the nature of the operation,

(k) any decompression sickness or other illness or injury suffered in the course of the operation by any diver,

(l) particulars of any environmental factors affecting the operation, and

(m) any other factors which the supervisor believes to be relevant to the safety or health of the persons engaged in the operation.

(2) The entries in the diving operations logbook shall be signed by the diving supervisor and the said logbook shall be retained by the employer of divers for a period of not less than two years beginning on the date of the last entry therein.

(3) The particulars which are required by this Regulation to be entered in the diving operations logbook shall be entered therein as soon as possible by the diving supervisor concerned.

11. (1) Each diver shall maintain a personal diver's logbook in which he shall enter his name and in which on every day on which he takes part in a diving operation he shall record the following particulars, namely,

(a) the name and address of the relevant employer of divers,

(b) the date of the operation,

(c) the name or other designation and the location of the factory, ship, dock, wharf, quay, warehouse or other premises in connection with which, or, as the case may require, particulars of the building operations, works of engineering construction or other works in the course of which, the operation is carried on,

(d) the name of the relevant diving supervisor,

(e) the maximum depth reached on each dive,

(f) the time spent by him under water on each dive, including in particular as regards each dive, the time at which he submerged, his bottom time and the time at which he surfaced,

(g) the type of equipment and breathing mixture used in the operation by him,

(h) the work done by him on each dive,

(i) the decompression procedures followed by him on each dive,

(j) any decompression sickness or other illness or injury suffered by him during the operation, and

(k) any other factor which in his opinion is relevant to his safety or health.

(2) Each entry in a diver's personal logbook shall be signed by the diver concerned and countersigned by the relevant diving supervisor.

(3) Each diver's logbook shall be a document personal to the diver concerned and shall contain such diver's signature together with his photograph (which photograph shall be a reasonable likeness).

(4) Every diver's logbook shall be retained by the diver concerned for a period of not less than two years beginning on the date of the last entry therein.

(5) A diver shall produce his diver's logbook for inspection pursuant to Regulation 12 (5) of these Regulations.

12. (1) A person shall not take part, and no person shall be employed or be permitted to take part, as a diver in any diving operations unless--

(a) not more than twelve months prior to the date on which the diving operations are carried on, an approved doctor has, after examination, issued a certificate (which certificate shall be in a form standing for the time being approved of by the Minister) that the person is fit to dive, and

(b) the said certificate is valid for the diving operations in question and, immediately prior to the commencement of such operations, is produced to the employer of divers concerned by the diver to which it relates for examination by such employer.

(2) A certificate given for the purposes of paragraph (1) of this Regulation may state that the person to whom the certificate relates should be medically examined within a period specified therein and ending less than twelve months beginning on the date of the certificate, and where a period is so specified, then on the expiration of that period the said paragraph (1) shall be construed as requiring the said person before taking part in any diving operation to obtain, after medical examination, a certificate mentioned in that paragraph.

(3) A certificate given for the purpose of paragraph (1) of this Regulation may be issued subject to conditions (for example a condition as to the depth to which a person is fit to dive), and where such a certificate is conditional, it shall not be valid for diving operations other than diving operations as regards which the conditions are satisfied.

(4) If by reason of illness or physical injury a person is unable for a continuous period exceeding seven days to work under water as a diver, any certificate in respect of that person issued for the purposes of this Regulation shall cease to be valid.

(5) A medical examination for the purposes of this Regulation shall include an inspection of the logbook (if any) last required to be kept pursuant to Regulation 11 of these Regulations by the person examined.

13. (1) It shall be the duty of an employer of divers to ensure that any person employed as a diver for the first time on or after the 1st day of January 1984, complies with the following requirements, namely;

(a) he is a person who has received training to at least an approved standard in basic air diving or mixed gas diving,

(b) he is a person competent and experienced in the use of the kind of diving plant and equipment, breathing mixture and any decompression procedures he is to use, and

(c) he is competent and experienced in the kind of work (apart from diving) he is to carry out underwater.

(2) On and from the 1st day of January 1984, it shall be the duty of an employer of divers to ensure that any person he employs as a diver and who is a person with professional diving experience prior to that day is also a person who--

(a) is competent and experienced in the use of the kind of diving plant and equipment and breathing mixture he is to use,

(b) is experienced, because of employment as a diver or as a result of training in diving (including decompression procedures) and diving practice for the depth of water to which, and in the conditions in which he is to dive, and

(c) is competent and experienced in the kind of work (apart from diving) he is to carry out underwater.

14. (1) An employer of divers shall not permit the use by divers engaged in diving operations of compressed air at a pressure which exceeds the pressure of water at a depth of 50 metres--

(a) as a breathing mixture, or

(b) to raise the internal pressure of any compression chamber, other than--

(i) for the purpose of the chamber tests required under Regulation 17 (1) (b) of these Regulations, or

(ii) for the purposes of therapeutic recompression (as may be required following recovery from 50 metres).

(2) Where compressed air is duly used and the diving plant or equipment concerned includes an air pipeline into which air is supplied from above water, it shall be the duty of the employer of divers to ensure that such plant or equipment includes an air pump or air compressor or air cylinder, and that where use is made of such an air compressor, a sufficient reserve of air is provided to allow the diver to reach the surface if the compressor fails.

15. (1) The diving supervisor shall not permit any diving operations to be carried on unless,

(a) an adequate quantity of the appropriate breathing mixture and suitable plant and equipment for supplying the mixture to the divers is available for use, and is used, by the divers engaged in the operation, and

(b) a reserve supply of the appropriate breathing mixture, together with any necessary plant and equipment is kept both readily available for immediate use in the event of an emergency and at the place above water from which the operations are carried on, and

(c) where a submersible compression chamber is being used in the diving operations, a reserve supply of the appropriate breathing mixture together with any necessary plant and equipment is also kept in, or attached to, the submersible compression chamber and is kept readily available for immediate use, in the event of an emergency, by divers associated with, whether inside or outside, the submersible compression chamber.

(2) It shall be the duty of each diver on making a dive to carry with him a reserve supply of the appropriate breathing mixture which is adequate to enable him to reach the reserve supply kept in pursuance of the preceding paragraph from the maximum depth to which he is to dive.

(3) The total quantity of breathing mixture supplied pursuant to this Regulation for the use of a diver shall be sufficient to enable any stand-by diver to reach the first-mentioned diver and then to enable both the stand-by diver and the first-mentioned diver either,

(a) to return to the surface and to carry out the appropriate decompression procedures during the return, or

(b) where a submersible compression chamber is being used in the diving operations, to return to that chamber and then to surface in that chamber and to start the appropriate decompression procedures at the surface.

16. (1) An employer of divers shall provide, or arrange for the provision of, all diving plant and equipment necessary for the safe conduct of diving operations and shall secure that it is of sound construction and suitable material, is in good working order at all times and is adequate for the purpose for which it is to be used, and without prejudice to the generality of the foregoing--

(a) such employer shall in particular secure that all such plant and equipment which is to be used at low temperatures is adequately protected against malfunctioning at low temperatures, and

(b) any winch used in connection with a lifting appliance used for raising or lowering persons engaged in such operations--

(i) shall be constructed so that a brake is applied when the control lever, handle or switch is not held in the operating position, and

(ii) shall not be fitted with a pawl and ratchet gear on which the pawl has to be disengaged before either raising operations or lowering operations.

(2) The diving plant and equipment provided pursuant to this Regulation shall include the following namely,

(a) (i) in case diving operations at depths greater than 25 metres are carried on a surface compression chamber (sited at the location of the operations) together with all necessary ancillary equipment, or

(ii) in case diving operations at depths neither less than 10 metres nor more than 25 metres are carried on and the decompression time exceeds 20 minutes, a surface compression chamber so sited together with all necessary ancillary equipment, or

(iii) in case diving operations at depths neither less than 10 metres nor more than 25 metres are carried on and the decompression time does not exceed 20 minutes, either--

(I)   a surface compression chamber so sited together with all necessary ancillary equipment, or

(II)  effective arrangements to secure the conveyance of any diver requiring therapeutic recompression from the location of the diving operations to a suitable two-compartment compression chamber by a suitably fast means of transport, and such arrangements shall also ensure, insofar as it is reasonably practicable, that a diver will reach the two-compartment compression chamber not later than two hours after the time at which the need for the compression was ascertained.

(b)  (i)    equipment for supplying breathing mixture (including a reserve supply for emergencies),

(ii)    lifelines,

(iii)  equipment to provide an effective means of communication with every diver,

(iv)   shotropes or other depth measuring devices,

(v)    where the diving operations are to be carried out at a depth of more than 50 metres, a submersible compression chamber with its associated equipment and facilities,

(vi)   where the diving operations are to be carried on during the hours of darkness, divers' indicator devices,

(vii)  first aid equipment.

(viii) such other equipment as may be necessary to ensure that each diver's body temperature is kept within safe limits (including in particular means of external body heating for diving at depths exceeding 50 metres but not exceeding 150 metres and means of respiratory gas heating and external body heating for diving at depths exceeding 150 metres),

(ix)   such plant and equipment as may be necessary for the use of the divers in entering and in leaving the water, and

(x)    means of winching an incapacitated diver into the submersible compression chamber.

(3) An employer of divers shall not provide for, or permit to be used, and the diving supervisor shall secure that there shall not be used, and no diver shall use, in diving operations any personal diving equipment to be used by a diver to obtain a supply of breathing mixture which is not capable of supplying the appropriate breathing mixture at a rate adequate to sustain prolonged vigorous physical exertion at any ambient pressure.

(4) A diving supervisor shall secure that,

(a) all diving plant and equipment, other than plant intended to be mobile when used in diving operations, is secured firmly in place at all times when diving operations are in progress,

(b) all diving plant and equipment required to be provided by this Regulation is, unless actually in use by divers engaged in diving operations for which he is the diving supervisor, kept readily available for use at all times when diving operations are, or are about to be, carried on, either--

(i) at the place from which those operations are, or are to be, carried on, or

(ii) below water with any submersible compression chamber being used in those operations or with the divers so engaged,

as the case may require,

(c) the air intake for any compressor is situated outside any area where dangerous gases are, or may be, present, and

(d) the surface compression chamber is so placed as to be readily accessible to the divers on their return from diving operations to the place from which the operations were undertaken.

(5) An employer of divers shall ensure that--

(a) the requirements of paragraph 1 of the Second Schedule to these Regulations are complied with as regards a compression chamber provided in pursuance of paragraph (2) (a) (i) of this Regulation,

(b) the requirements of paragraph 2 of the said Second Schedule are complied with as regards a compression chamber provided in pursuance of clause (ii) or (iii) of paragraph (2) (a) of this Regulation,

(c) the requirements of paragraph (3) of the said Second Schedule are complied with as regards any submersible compression chamber used in diving operations to which these Regulations apply.

(6) Without prejudice to carry in uncramped conditions at this Regulation, any skip provided for the use of the divers entering or leaving the water shall.

(a) be large enough to carry in uncramped conditions at least two divers with their personal diving equipment and associated equipment,

(b) be reasonably secure against tipping or spinning,

(c) not contain any equipment, other than that of the divers, which might interfere with an occupant's foothold or handhold, and

(d) be so constructed or equipped that its occupants are reasonably secure against falling out.

17. (1) The employer of divers shall secure--

(a) that all diving plant and equipment used, or to be used, in or in connection with diving operations is examined and tested,

(i) in case it is altered or repaired, before being used again in diving operations, and

(ii) in any other case, within the period of three months ending on the day on which it is to be used in diving operations, and

(b) that every compression chamber used in or in connection with diving operations is subjected,

(i) within the period of two years ending on any day on which it is to be so used, to a complete survey including an air pressure leak test and a working pressure test, and

(ii) within the period of five years so ending, to an internal hydrostatic test,

which tests shall be in addition to and not in substitution for any test required by subparagraph (a) of this paragraph, and

(c) that, in addition to the test required by the said subparagraph (a), every pressure vessel other than a compression chamber used in or in connection with such operations is one which, not more than two years before any day on which it is so used, has been subjected to a thorough examination and internal pressure test.

(2) In the case of a compression chamber, the test carried out pursuant to paragraph (1) (a) (i) of this Regulation shall be a hydrostatic test.

(3) An employer of divers shall ensure that a certificate containing particulars and results of each survey, examination or test carried out in pursuance of this Regulation is attached to or entered in a register kept by him for the purpose in relation to each piece of diving plant and equipment and that each such certificate is signed by a person by whom, or under whose close supervision, the survey, examination or test was carried out.

(4) The employer of divers shall retain each register over which he has control and which is kept for the purpose of this Regulation for a period of at least two years after the date of the last entry therein, and in the case of such a register containing certificates relating to compression chambers or pressure vessels, for a period of at least five years after the date of the last entry therein.

(5) The employer of divers shall ensure that each test, examination and survey caused by him to be carried out pursuant to this Regulation is carried out by, or under the close supervision of, a competent person.

(6) An employer of divers shall secure that no plant or equipment, any examination, survey or test of which shows it to be unsafe for its purpose, is used in diving operations and, in particular, that no pressure gauge is so used if it shows any error of 2.5 per cent. or more when compared with an accurate test gauge.

(7) A diving supervisor shall secure that no diving plant or equipment is used in, or in connection with, diving operations unless he has in his possession the register kept in pursuance of this regulation and containing the required particulars in relation to that plant or equipment.

18. (1) A diving supervisor shall secure that no diving plant or equipment is used in, or in connection with, any diving operations unless, not more than twenty-four hours before being so used, he has examined the plant or equipment and found it to be in good working order.

(2) A diving supervisor shall secure that in any diving operations with which he is concerned no pump, compressor, cylinder or pipeline is used for conveying breathing mixture to a diver unless, not more than twenty-four hours before being so used, it has been tested for leaks by, or in accordance with the directions of, the diving supervisor, or the diver concerned and has been found to be in good working order.

(3) A diving supervisor shall secure that in any diving operations with which he is concerned no oxygen analyser is used unless, not more than twenty-four hours before being so used, it has been recalibrated in accordance with the manufacturer's instructions.

(4) The diving supervisor shall secure that no compression chamber is used in any diving operations with which he is concerned unless the atmosphere within it contains not more than 25 per cent. oxygen.

19. No diver engaged in diving operations shall go or remain under water, and it shall be the duty of an employer of divers and a diving supervisor to secure that no diver goes or remains under water, unless,

(a) where practicable, the diver has a means of oral communication with the diving supervisor, or, if a submersible compression chamber is being used in such operations, with the diver in such chamber, and that such means of communication provides:

(i) a standard of sound reproduction adequate to enable the diver's breathing clearly to be heard,

(ii) if breathing mixtures containing helium or other gases which significantly distort sound transmission are being used, a suitable voice unscrambler, and

(iii) a recording system capable of recording oral communications,

(b) a system is provided, in addition to the said means of communication, whereby signals may pass in an emergency between the diver and the diving supervisor, or in case such a chamber is being so used, between the diver and the diver in such chamber,

(c) where the operations are carried out during hours of darkness, the diver is provided with and uses a diver's indicator device and the place above water from which the diving operations are carried on is adequately illuminated, and

(d) in case a submersible compression chamber is not being used in the operations, there is provided and used, in respect of the diver, a means whereby the depth at which he happens to be at any time during the operations may be monitored by the diving supervisor.

20. (1) It shall be the duty of an employer of divers to secure that arrangements are made whereby, by the use of a suitably fast means of transport, at all times while diving operations with which he is concerned are being carried out, emergency services are available at the location of the operations in the event of an emergency which threatens the safety, health or welfare of any diver.

(2) The emergency services referred to in the preceding paragraph shall include medical and diving personnel, medical and diving equipment and all other necessary supplies.

(3) In case neither type of compression chamber mentioned in paragraph (2) (a) of Regulation 16 of these Regulations is required by the said Regulation 16 to be provided, the employer of divers shall secure that adequate and effective arrangements are made to provide suitable and rapid transport to the nearest available compression chamber for giving treatment should such treatment be required to be given to a diver.

FIRST SCHEDULE

Regulation 8 (1)

Matters in respect of which provision is to be made in diving rules.

Planning.

1. Consideration of:--

(a) Environmental conditions.

(b) Sea bed conditions.

(c) Depth and type of operation.

(d) Suitability of plant and equipment.

(e) Availability and qualifications of personnel.

Preparations.

2. (a) Consultation with the relevant person and master of any vessel from which diving operations are to be carried on, and the site agent or harbour master (if any) concerned in relation to the locus in quo of any diving operation.

(b) Selection of breathing mixtures and equipment.

(c) Check of plant and equipment.

(d) Allocation of personnel.

(e) Personal fitness of divers for underwater operations.

(f) Precautions against cold.

(g) Arrangement of signalling procedures.

(h) Underwater hazards of the diving site.

Procedures during diving.

3. (a) Responsibilities of diving supervisor, divers and surface support.

(b) Use of all types of personal diver's equipment.

(c) Supply of gases and gas mixtures, including maximum and minimum partial pressures of gases.

(d) Operations direct from the factory, or from ship or vessel.

(e) Operations in relation to submersible compression chambers.

(f)  Working in different locations and varying altitudes.

(g) Operations and use of equipment under water.

(h) Limits on depth and time under water.

(i)   Descent of divers and descent of submersible compression chambers.

(j)   Ascent and recovery of divers and submersible compression chambers.

(k) Compression and decompression.

(l)   Control in relation to changing environmental conditions.

(m) Maintenance of logbooks.

(n) The period of time during which divers are to remain not further distant from a surface compression chamber than the distance from which a person may reasonably be expected to travel to such chamber in one hour.

Emergency Procedures.

4. (a) Emergency signalling.

(b) Emergency assistance under water and on the surface.

(c) Therapeutic decompression.

(d) First-aid

(e) Medical assistance.

(f)  Calling in assistance from emergency services.

(g) Precautions in the event of evacuation.

(h) Provision of Emergency Electrical Supplies.

SECOND SCHEDULE

Regulation 16 (5)

Compression Chambers

1. A compression chamber referred to in Regulation 16 (5) (a) of these Regulations shall--

(a) comprise at least two compartments with doors each of which acts as a pressure seal and which may be opened from either side;

(b) have sufficient space in at least one of its compartments to enable two adults to lie down inside the chamber without difficulty and, if the chamber is to be used in circumstances in which a person may be required to remain inside under pressure for a continuous period of 12 hours or more, it shall have a minimum internal diameter of 2 metres, provided that in case equipment has been taken into use for the first time before the commencement of these Regulations, it shall be regarded as satisfying the requirements of this paragraph if the internal diameter is not less than 1.85 metres;

(c) where a submersible compression chamber is used, be capable of allowing a person to transfer under pressure from the submersible compression chamber to the surface compression chamber (and vice versa);

(d) provide a suitable environment and suitable facilities for the persons who are to use it, having regard to the kind of operation in connection with which, and the period of compression or decompression for which, it is to be used;

(e) be so designed as to minimise the risk of fire;

(f) have a lock through which food and medical supplies may be passed into the chamber while its occupants remain under pressure;

(g) be equipped with such valves, gauges and other fittings (which are to be made of suitable materials and so designed as to minimise the noise inside the chamber during rapid pressurisation) as are necessary to control and record the internal pressures of each compartment from outside the chamber;

(h) be fitted with adequate equipment for supplying and maintaining the appropriate breathing mixture to its occupants, and for lighting and heating the chamber;

(i) be equipped with a two-way oral communication system, a time clock and adequate first-aid and sanitary facilities; and

(j) be capable of recompressing the diver to at least the maximum depth of his dive.

2. A surface compression chamber referred to in Regulation 16 (5) (b) of these Regulations shall:

(a) be comprised of at least two compartments with doors each of which acts as a pressure seal and has a means of opening on both sides, or alternatively, a single-compartment transportable chamber with facilities for transferring under pressure to a two-compartment chamber within four hours. The said two-compartment chamber shall comply with the specification set out in paragraph (1) (b) of this Schedule;

(b) be so designed as to minimise the risk of fire;

(c) have a lock through which food and medical supplies may be passed into the chamber while its occupants remain under pressure;

(d) be equipped with such valves, gauges and other fittings (which are to be made of suitable materials and designed so as to minimise the noise inside the chamber during rapid pressurisation) as are necessary to control and indicate the internal pressures of each compartment from outside the chamber;

(e) be fitted with adequate equipment including reserve facilities for supplying and maintaining the appropriate breathing mixture to its occupants, for lighting and heating the chamber; and

(f) be equipped with a two-way oral communication system and adequate first-aid and sanitary facilities.

3. (a) A submersible compression chamber referred to in Regulation 16 (5) (c) of these Regulations shall--

(i) be equipped with means whereby each diver using the chamber is able to enter and leave it without difficulty;

(ii) be capable of allowing a person to transfer under pressure from it to a surface compression chamber (and vice versa);

(iii) be equipped with doors which act as pressure seals and which may be opened from either side;

(iv) contain such valves, gauges and other fittings (which are to be made of suitable materials) as are necessary to control and record the pressures within the chamber and to ascertain the external pressures on the chamber;

(v) contain equipment, which is both adequate and protected against inadvertent operation, for supplying the appropriate breathing mixture to persons occupying or working from the chamber;

(vi) be equipped with a two-way oral communication system whereby contact may be maintained both with persons at the place from which the diving operations are carried on and with divers while they are outside the chamber;

(vii) contain a time clock and equipment for lighting and heating the chamber; and

(viii) contain adequate first-aid facilities and lifting equipment sufficient to enable an unconscious or injured diver to be hoisted into the chamber by a person located therein.

(b) A submersible compression chamber shall be--

(i) used in association with lifting gear which enables the chamber to be lowered to the depth at which the diving operations are to be carried on, maintained in its position and raised, without excessive lateral, vertical or rotational movement taking place; and

(ii) provided with a means whereby, in the event of failure of the main lifting gear, the chamber can be returned to the surface.

If the said means involves the shedding of weights, they shall be capable of being shed from the chamber by a person inside it and a means shall be incorporated in the chamber to prevent their accidental shedding.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the masures 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.