Health and Safety
Executive / Commission
Local authority circulars
To: Directors of Environmental Health/ Chief Environmental Health Officers of London, Metropolitan, District and Unitary Authorities and Chief Executives of County Councils.
For the attention of: Environmental Services /Trading Standards /Fire Authorities /Other
This circular gives advice to local authority enforcement officers
1 This circular contains advice on the application of the Diving at Work Regulations 1997 (DWR) to activities where the local authority (LA) is the enforcing authority and directs LA enforcement officers to sources of advice on diving activities and DWR within the Health and Safety Executive. The advice given at paragraph 8 (enforcement responsibility) revises that previously given in LAC 47/11.
2 The Diving at Work Regulations 1997 (SI 1997: 2776) came into force on 1 April 1998. The Regulations are accompanied by Approved Codes of Practice for, Offshore Commercial, Inland / Inshore Commercial, Scientific and Archaeological, Recreational, Media, and Police diving activity.
3 These regulations were drafted to clarify and simplify the complexity of existing diving legislation and associated guidance and exemptions. These Regulations revoke all of the following legislation;
All the General Exemptions and Individual Exemptions issued under the above are void.
4 The regulations apply to all diving activities where any person is at work and dives. This includes recreational diving projects where only the instructor or guide is at work.
5 Diver qualifications have also been revised and are now covered by an Approved List, which includes some foreign qualifications and certificates issued by recreational agencies at an appropriate level. The old HSE 'Parts' certificates remain valid. The new HSE certificates are: HSE Closed Bell Diving; HSE Surface Supplied Diving; HSE Surface Supplied Diving(Top-up); HSE SCUBA Diving.
The Approved List is available from:
HSE
Diving Operations Strategy Team
Rose Court
2 Southwark Bridge
London SE1 9HS
Telephone number: 020 7717 6757
and also published on the internet at : http://www.hse.gov.uk/spd//divequal.
6 All divers at work must hold a certificate of medical fitness to dive issued by an HSE approved medical examiner of divers.
7 First aid requirements have been revised. The diving first aid qualification no longer exists and the First Aid at Work qualification is now appropriate except for persons using the Recreational Diving ACoP for which the appropriate recreational agency's First Aid is sufficient.
8 Responsibility for enforcement of DWR lies with local authorities in premises for which they are the enforcing authority for the HSW Act. Activities which may be encountered include: the teaching or guiding of recreational divers in swimming pools; other dive sites such as flooded quarries; golf ball collecting in wet hazards at golf courses; maintenance of swimming pools; and, maintenance and display work in aquariums and zoological gardens.
9 HSE continues to be responsible for:
10 LA enforcement officers may obtain general advice on the regulations and diving matters from HSE diving specialists. Enquiries should, in the first instance be made via the local HSE enforcement liaison officer. Within HSE the primary responsibility for the inspection of onshore diving operations lies with Offshore Safety Division, Diving Inspection Teams. The UK is split into 3 areas:
| (1) | North Area | Scotland. The inspection team is based in Aberdeen .Tel 01224 252561 |
| (2) | Central Area | All English Counties, north of, and including, Essex, Cambridgeshire, Northamptonshire, Herefordshire, Worcestershire, and Warwickshire. The inspection team is based at Norwich. Tel 01603 275016 |
| (3) | South Area | All of Wales and English Counties, south of, and including, Hertfordshire, Gtr London, Bedfordshire, Buckinghamshire, Oxfordshire, and Gloucestershire. The inspection team is based in London. Tel 020 7717 6758 |
11 The diving inspection teams are supported by the Diving Operations Strategy Team (DOST), based in London at Rose Court.
12 The following contacts may be useful in dealing with straightforward enquiries:
Obtaining diver competence qualifications. DOST on 020 7717 6701 fax 6911.
Diver medicals: EMAS at Glasgow on 0141 275 3029 fax 3100.
First Aid at Work: HSE Infoline on 0845 345 0055.
13 A free leaflet 'Are you involved in a diving project' (INDG266) is available from HSE Books which sets out the requirements of the regulations. It is addressed to anyone involved in a diving project, clients, contractors, vessel operators etc. It contains an order form for the ACoPs. Copies of the free leaflet have been circulated to LA's. The ACoPs should be ordered from HSE Books.
14 A series of Diving Information Sheets (currently 1-8) are published and are available from HSE Books. These replace the previous series of Diving Safety Memoranda, which are all cancelled.
15 LA enforcement officers will want to satisfy themselves that diving contractors are known to HSE via the requirements of DWR (reg.7). Where there is doubt then enquiries should be made of HSE. LA enforcement officers will want to inform HSE of diving contractors who appear not to have complied with Reg.7. Enforcement officers should also ensure that medical fitness to dive certificate are current and that divers hold the appropriate qualifications for the activity being undertaken. Assistance in the investigation of diving incidents and complaints will be available from HSE via the ELO in the usual way.
16 This circular deletes LAC 47/11.