INTRODUCTION
This summarizes the Factories (Diving at Work) Regulations, 2018 (S.I. No. 25 of 2018), subsidiary legislation made by the Minister of Labour and Employment under section 49 of the Factories Act, Cap. F1, Laws of the Federation of Nigeria, 2004, and published in the Federal Republic of Nigeria Official Gazette on 27 April 2018. The Regulations took effect on 24 April 2018 and apply to any diving operation carried out offshore, inshore, or onshore within Nigeria’s territorial waters.
The Regulations establish a comprehensive licensing, competency, and safety framework for commercial diving, covering the authorization of diving programs, technical and equipment standards, a tiered structure of personnel classification and supervision, dive-site and operational restrictions, medical fitness requirements, governance and registration, and offences and penalties for non-compliance. This memorandum addresses each of these areas in turn, with references to the relevant regulation numbers, before setting out our overall assessment and recommended next steps.
1. Purpose and Structure
The Regulations establish a comprehensive licensing, competency, and safety framework governing commercial diving operations in Nigerian waters. They comprise 52 regulations organized around (i) program authorization, (ii) technical/equipment standards, (iii) a tiered personnel and supervision structure, (iv) operational and dive-site restrictions, (v) medical fitness, (vi) governance and registration, and (vii) enforcement, followed by two Schedules.
2. Authorization of Diving Programs (regs. 1–5)
An operator must apply to the Director of Factories (in triplicate, on the prescribed form) for authorization of a proposed diving program, on the recommendation of the Diving Governing Board. Authorization requires evidence that a diving safety specialist has been consulted and is available on a 24-hour basis, and that all diving crew, plant, equipment, vessels, and installations meet the requisite performance levels. Regulations 3–5 govern the grant, suspension, and revocation of approval and impose duties on operators and diving contractors.
3. Technical and Equipment Standards (regs. 6–17)
Detailed requirements cover examination and testing of diving plants and equipment, communication systems, pressure vessels, compression chambers, surface compression chambers, diving bells, oxygen supply systems, breathing mixture supply systems and their quality/quantity, and provision of facilities and medical services at dive sites.
4. Personnel, Classification, and Supervision (regs. 18–27, 34–45)
The Regulations create a three-tier classification of diving operations — Class I, Class II, and Class III — each with distinct supervisory qualification and certification requirements (regs. 20–25). Related provisions address diving safety specialists, restrictions and invalidation of supervisors’ certificates, restrictions on Class I–III diving operations and supervisors, diving operation and supervisor log books, and the certification requirements for Class I–III dives (regs. 38–43). Ancillary personnel categories include diving doctors, specialized diving doctors, medical examiners of divers, diving medical technicians, and life-support technicians, each subject to defined competency and Director of Factories–approval requirements.
5. Dive-Site and Operational Restrictions (regs. 28–33)
These provisions restrict dive sites, the use of SCUBA, and approach to water control and intake facilities, and impose class-specific restrictions on Class I, II, and III diving operations, including operations involving dynamically positioned vessels (reg. 18).
6. Medical Fitness (reg. 44; First Schedule)
Regulation 44 restricts who may issue medical certificates for divers. The First Schedule prescribes a standard Diver’s Medical Examination Record covering general appearance, ENT, dental, vision, skin, and related fitness criteria.
7. Governance, Training, and Registration (regs. 45–49)
A Diving Governing Board is established (reg. 45) with responsibility, in consultation with the Minister, for setting and amending training standards, assessment criteria, and approved codes of practice (reg. 46). Regulation 47 governs applications for registration as a diver, supervisor, technician, instructor, or chamber operator; reg. 48 addresses fees; and reg. 49 empowers the Director of Factories to withdraw a certificate of registration for non-compliance, conviction of an offence under the Regulations, or on the Chief Inspector’s recommendation, subject to a notice-and-opportunity-to-respond procedure.
8. Offences and Penalties (reg. 50)
Contravention of, or failure to comply with, any provision of the Regulations is an offence carrying, upon conviction, a fine of not less than ₦50,000 or imprisonment for a term not exceeding 12 months.
9. Interpretation and Citation (regs. 51–52)
Regulation 51 defines key terms, including diving contractor, diving doctor, diving operation, diving program, DMAC, IMCA, installation, LARS, life-support technician, NIMASA, operator, pressure vessel, ROV, SCUBA, saturation diving technique, supervisor, and vessel. Regulation 52 provides the short title: the Factories (Diving at Work) Regulations, 2018.
10. Observations
The Regulations align broadly with international commercial diving practice (referencing IMCA and DMAC standards) while layering on Nigeria-specific licensing and Ministry of Labour oversight through the Director of Factories and the Diving Governing Board. The statutory penalty in reg. 50 is a fixed range rather than a scaled or per-day penalty, and enforcement (certificate withdrawal, prosecution) runs through the same Ministry of Labour/Factories Act framework as general factory safety regulation.
CONCLUSION
The Factories (Diving at Work) Regulations, 2018 impose a detailed, sector-specific compliance framework on any party conducting or engaging commercial diving operations within Nigerian territorial waters. Any operator, diving contractor, or vessel owner active in this space should confirm authorization of its diving program with the Director of Factories, ensure personnel hold the appropriate class-specific certifications, and maintain the prescribed equipment, medical, and log-book standards, given that non-compliance exposes the responsible party to both certificate withdrawal and criminal liability under reg. 50. We are glad to advise further on any of the specific compliance areas identified above.