China Diving and Salvage Industry Association Announces the Release of the "Diving Management Measures" and "General Rules for Diving and Underwater Operations" Notice

The "Diving Management Measures of the China Underwater Recovery Industry Association" and the "General Rules for Diving and Underwater Operations" were approved by the Second Session of the Second Standing Committee of the China Underwater Recovery Industry Association on June 26, 2014. They are now released and will be试行 as of August 1, 2014.

Introduction to the "Diving Management Measures of the China Underwater Recovery Industry Association"

The purpose of establishing this method.

To implement the requirements of the Ministry of Transport, the competent authority for business affairs, adapt to the strategy of becoming a maritime power, promote the scientific development of the diving industry, safeguard the health and personal safety rights of diving professionals, meet the market access conditions of the diving industry, establish equivalent and mutual recognition mechanisms with developed countries, integrate into the international market, expand international cooperation, and strive for due voice, necessary conditions are created. This is done by considering the national conditions and the actual situation of the industry, referring to the structure and main content of the draft of the "Diving Regulations of the People's Republic of China," drawing on the key and core principles of diving administrative legislation and standards from developed countries, and combining China's existing successful experiences and practices, to organize the drafting and formulation of this method.

Regulatory and normative documents serving as the basis for the establishment of this method.

(1) The State Council's "Notice on the Post-Implementation Supervisory Measures for the Approval Items of the Ministry of Transport's Administrative Approval Cancelled and Changed in the Second Batch" and the Ministry of Transport's "Notice on the Announcement of Approval Items Cancelled, Adjusted, and Continued to be Implemented by Law with the Approval of the State Council."

(II) The Ministry of Transport's "Notice on Further Strengthening the Management of Diving and Salvage Industries"

(III) The 1999 "Diving Management Measures and Their Detailed Rules" of the former Ministry of Communications.

(4) Draft of the "Regulations for Diving in the People's Republic of China" submitted.

The Significance of Establishing This Methodology

In light of the significant lag in China's underwater diving administrative legislation, the introduction of this regulation will establish a systematic approach to the safety management of the diving industry through industry regulations. This will lay a solid foundation for the transition from a mainly directive management style to one led by industry organizations, and will promote the fulfillment of social and industry management functions by these organizations. Its main significance includes:

Firstly, it draws on the main principles of foreign diving legislation, extensively incorporates opinions from relevant departments and the industry, and is a relatively comprehensive and mature self-regulatory diving regulation.

Secondly, it will fill a gap in China's diving regulatory field, altering the current state of having no laws to rely on, serving as the "parent law" for the diving industry's management.

The third key point specifies training, qualifications, professional certification, and occupational health, emphasizing the legislative purpose of ensuring the safety of professionals.

Fourthly, it starts from the actual situation in China while also aligning with the need for international integration, laying a foundation for establishing international professional qualifications and mutual recognition mechanisms in the future.

Five, for foreign divers applying for China's diving professional qualification, it sets conditions while leaving room for flexibility, adheres to mutual recognition on an equal basis, and retains the authority to review.

Sixthly, to differentiate from the administrative legislative expression form and style, leave room for the final promulgation of the "Regulations on Diving of the People's Republic of China."

Section 4: The Compilation Process of This Method

The drafting of this method began in early 2012 and spanned two years. After initial preparation, research, and collection of foreign-related legal and regulatory materials, the draft was completed. We sought opinions from relevant departments and over 100 units, resulting in 33 feedback points, of which 18 were adopted. Based on broad consultation, the draft was revised multiple times, consulted with experts, and debated, going through six iterations before finally completing the "method" draft.

Chapter V: Main Sections and Content of This Method

This regulation is divided into ten chapters and sixty-six articles:

The General Provisions stipulate the legislative objectives, scope of application, management principles, and competent authorities.

Chapter II of the Diving Profession Protection primarily stipulates corresponding regulations on health and safety, labor security systems, work-related injuries, retirement, unemployment insurance, and other social insurance, as well as effective prevention of diving accidents and occupational diseases.

Three regulations for diving professionals stipulate that diving operation agencies and diving training institutions must apply for and obtain qualifications; those without qualifications are prohibited from conducting diving operations and offering diving training. Additionally, regulations are set for eligibility conditions, such as diving professional qualifications, instructor positions, diving physicians, and diving medical technicians.

Chapter certification and its validity primarily pertain to the management of professional certificates for various practitioners, including the application, acquisition, as well as the criteria and procedures for the review of certificates.

The organization of five diving operations, along with specific requirements for the management of diving and underwater activities.

Chapter VI of the Diving Medicine Regulations focuses on establishing training systems for diving physicians, the registration system for diving physicians, and the respective responsibilities of diving physicians and diving medical officers.

Chapter 7 of the diving equipment and accessories, proposes safety and regulatory requirements for the inspection and testing system of major diving equipment, accessories, air supply systems, gas cylinders, and communication equipment.

Eight incident reports and investigations stipulate that diving operations should report to their relevant business department, the maritime administrative authority under their jurisdiction, or the port and navigation supervision authority, in the event of a diver's injury, illness, or fatality. Additionally, they must report to the diving and salvage industry organization, cooperate with relevant institutions and personnel in investigations, verify the cause of the incident, promptly propose case analyses, inform the industry and relevant departments, and learn from the experience.

The "Jiuzhang"违规 involves violations of this regulation. The issuing authority shall, in accordance with this regulation, suspend or revoke the qualification of diving operations and diving training institutions, as well as the professional certification of divers. No other administrative powers or penalties are provided.

Chapter X, Article 10, provides explanations and definitions for the terminology used in this method.

Introduction to the General Rules for Diving and Underwater Operations

Background of Establishing These Rules

Diving is internationally recognized as a high-risk industry, with developed countries and international diving organizations placing great emphasis on the safety of diving and underwater operations. Western countries like the UK and the US began enacting administrative or industry regulations as early as the 1960s, gradually establishing a systematic set of rules, procedures, and standards for diving and underwater activities, which have been widely recognized by most nations. Based on this, they have developed comprehensive market access systems and implementation mechanisms for audits, playing a crucial role in safeguarding the health and personal safety of divers, enhancing the service levels of diving contractors, and boosting their competitiveness in the international market.

Although China's diving industry boasts a long history, due to historical reasons, the establishment of administrative regulations and normative systems in the diving field has lagged behind. To strengthen self-regulation in the diving industry, promote harmonious and healthy development, and safeguard the health and safety rights of divers, as well as meet the needs of enterprise construction and market access for diving companies, and to establish a reciprocal recognition mechanism with developed countries in our country's diving industry as soon as possible, creating necessary conditions for the integration of domestic industries into the international market, expanding international cooperation, and gaining a voice in the diving industry, the China Diving and Salvage Industry Association has compiled a general standard rule for diving and underwater operations that belongs to our country, filling a gap in this field.

Section II: The Process of Drafting This Rule

Based on the framework of the "Classification Modules and Catalogue Index" from the soft topic research of the Ministry of Transport's "Research on General Rules for Diving and Underwater Operations," and referring to our country's current diving and operational standards, as well as drawing upon the ADCI's "General Accepted Standards for Commercial Diving and Underwater Operations" and the IMCA's relevant regulations and standards, a large group of experts were organized in 2013 to conduct a five-year research and compilation effort. This involved five rounds of consultation with experts and some member units, holding four thematic meetings and one expert review session, soliciting opinions and suggestions from over 50 organizations and 150 individuals, and incorporating nearly 100 suggestions. After six revisions, the draft of the "General Rules for Diving and Underwater Operations" was finally completed.

Section III: Main Content of This Regulation

The General Rules for Diving and Underwater Operations (Draft) consists of 170,000 characters (150,000 words, 20,000 symbols), spanning 11 chapters. It covers aspects such as diving organizations, dive professionals, equipment, various procedures, safety controls, and supervision. The framework is rational and comprehensive, encompassing all of the ADCI's provisions and most of the IMCA's, while also summarizing and refining China's long-standing diving experience and feasible safety practices. It surpasses the current standards and technical levels of IMCA and ADCI in special diving areas like qualification management, decompression tables, pressure gauges, medical support systems for divers, and nuclear radiation environments, reflecting China's unique characteristics. At the expert review meeting, all participants agreed that the standards and technical specifications outlined in the rules have reached the recognized level of the industry, integrating safety, advancement, practicality, and operability. As a theoretical and practical achievement independently researched and compiled in China, it fills a gap in the domestic diving field, providing fundamental protection for the health and personal safety of divers. It will play a necessary supporting role in guiding and regulating diving and underwater operations, strengthening the management of the diving industry, promoting the healthy and sustainable development of the industry, and holds significant practical significance.

For more detailed provisions on the "Diving Management Measures of the China Underwater Search and Rescue Industry Association" and the "General Rules for Diving and Underwater Operations," please visit the website of the China Underwater Search and Rescue Industry Association at www.cdsca.org.cn for inquiries.