UK amends notice for diving safety regulations

UK Maritime and Coastguard Agency has published merchant shipping notice MSN 1762 (M+F) Amendment 1 regarding the Merchant Shipping (Diving Safety) Regulations 2002.

This document was published on 16 May 2023.

This notice should be read in conjunction with the relevant provisions of the Merchant Shipping (Diving Safety) Regulations 2002.

Amendment 1 updates references and contact information only.

This notice is presented in general terms and it is ultimately the responsibility of those involved in the setting up and implementation of the “diving project” to consider what measures should be put in place to ensure a safe operation.

The notice clarifies:

responsibilities during diving operations both in port and at sea, of owners, masters of diving craft and others; and
the application of the regulations to vessels in commercial use, with particular regard to recreational or sport diving projects.

The regulations apply:

outside national or United Kingdom waters or an area designated by Order under section 1(7) of the Continental Shelf Act 1964 (a), to a diving project from a United Kingdom ship, associated with an offshore installation or pipeline where there is a diving contractor;
outside national or United Kingdom waters, to any diving project from a United Kingdom ship, other than one associated with an offshore installation or pipeline where there is a diving contractor;
inside United Kingdom waters, to diving projects which take place from a craft where the master or owner is the diving contractor, and where the (Health and Safety) Diving at Work Regulations 1997 or the Diving Operations at Work (Northern Ireland) Regulations 1983 do not apply.

They do not apply to:

diving projects covered by the Diving at Work Regulations 1997.
craft (registered in the United Kingdom or operating in United Kingdom waters) which are used solely as a means of transportation for recreational diving projects.
craft (registered in the United Kingdom or operating in United Kingdom waters) which are used as a means of transportation and provide diving services for recreational diving projects, other than compliance with section 9.4 and 10.1 of this notice.

There are also simplified definitions in this notice, but more detailed definitions are contained in the Regulations.

Those who are directly affected or responsible include:

Owners and masters (or skippers) of surface supporting craft.
Individuals who have responsibilities, control, or involvement in a diving project covered by the regulations, or whose actions and negligence could potentially harm the health and safety of those involved in the project, must take reasonable steps to ensure compliance with the regulations.

The document gives a list of codes/regulations owners, masters, diving contractors, and diving supervisors assessing diving projects and associated ship procedures should consult.

For recreational or sport diving projects where participants are not "at work," the notice encourages self-regulation and compliance with voluntary codes or procedures. However, certain requirements still apply if a craft provides diving services or equipment for profit or gain.

The notice emphasizes the duties of owners of craft and masters in ensuring compliance with the regulations, identifying risks, establishing communication with the diving supervisor, and maintaining a safe location for the diving project. It also mentions the appointment of a designated diving contractor, who is responsible for assessing risks, appointing a suitable diving supervisor, ensuring qualified divers, and complying with other requirements.