FRIDAY, JULY 22, 1977 PART III

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

COMMERCIAL DIVING OPERATIONS

Occupational Safety and Health Requirements 37650 RULES AND REGULATIONS

Title 29—Labor the Fifth Circuit issued an indefinite stay diving contractors, large corporate and of the ETS on August 11 pending a final small business employers, representatives, CHAPTER XVII—OCCUPATIONAL SAFETY decision on a suit filed by several diving from the affected workforce including AND HEALTH ADMINISTRATION, DE- contractors challenging the validity of divers, supervisors, and surface support PARTMENT OF LABOR the agency’s action, Taylor Diving and personnel, diving instructors, marine COMMERCIAL DIVING OPERATIONS Salvage Co., Inc. et al. v. U.S. Department scientists, experts in hyperbaric medicine, Occupational Safety and Health of Labor, Civil Action No. 76-2886 (CA 5, diving physiologists, equipment special- Requirements 1976). Pursuant to the Court’s order, the ists, and other interested parties. Public ETS was not enforced by OSHA. For the participation was representative of vir- AGENCY: Occupational Safety and reasons stated in the Fed er al Reg iste r tually the entire diving community. The Health Administration, Department of notice published on November 5, 1976 verbatim transcript of the hearings, as Labor. (41 FR 48742), the ETS was withdrawn. well as numerous comments and exhibits ACTION: Final standard. As a result, the Court dismissed the submitted to OSHA before, during, and suit on the grounds that the issues after the hearings, were made part of the SUMMARY: This final standard estab- raised by the case were moot. rulemaking record. The hearing record lishes mandatory occupational safety In formulating the proposed perma- was originally scheduled to close on Jan- and health requirements for commercial nent standard, OSHA reevaluated the uary 31,1977, but at the request of several diving operations. It reflects OSHA’s de- underlying evidence and the substantive parties, it was kept open to February 28, termination, based on evidence that has provisions of the ETS in conjunction with 1977. Before the close of the record, been placed in the public record of this information made available to the agency OSHA met with each of the major parties rulemaking proceeding, that commer- subsequent to publication of the ETS. In represented at the hearings for the pur- cial diving operations involve significant this task, technical support was provided pose of suggesting Issues to be addressed hazards to employees necessitating Fed- by individuals from the U.S; Coast Guard, in their respective written post-hearing eral regulation. By this final standard the U.S. Navy, the National Institute for comments. the Occupational Safety and Health Ad- Occupational Safety and Health This final standard is based on ministration has established safety and (NIOSH) of the Department of Health, a Careful consideration of the en- health standards for personnel and Education, and Welfare, the National tire record in this proceeding, in- medical requirements, operations proce- Oceanic and Atmospheric Administration cluding materials submitted for the dures, equipment procedures and re- (NOAA) of the Department of Com- fact-finding hearing, materials relied quirements, and recordkeeping. merce, and the Smithsonian Institution. on in the ETS, information sub- EFFECTIVE DATE: October 20, 1977. Inasmuch as many diving operations mitted to and recommendations of the are closely associated with, or related to, Advisory Committee, materials refer- FOR FURTHER INFORMATION CON- construction activities, OSHA considered enced in the proposal, and the record of TACT: it appropriate prior to formulation of a the informal rulemaking hearing Includ- Mr. Joseph J. LaRocca, Office of proposed permanent standard to seek the ing the transcript exhibits and pre-hear- Standards Development, OSHA, Third advice and recommendations of the ing and post hearing written comments. Street and Constitution Avenue NW., agency’s Advisory Committee on Con- Copies of the official list of hearing ex- Room N-3716, Washington, D.C. 20210 struction Safety and Health (the Advi- hibits, comments, and notices of intent (202-523-7085). •sory Committee), established under the to appear at the hearings can be obtained Construction Safety Act. This action was from the Docket Office, Rm. S-6212, U.S. SUPPLEMENTARY INFORMATION: taken pursuant to 29 CFR 1911.10 and Department of Labor, Third and Consti- I. Pro ced ur al His tory 29 CFR 1912.3. All available materials tution Avenue NW., Washington, D.C. On August 8, 1975, a petition by the were presented to the Advisory Commit- 20210 (202-523—7894). References to ex- United Brotherhood of Carpenters and tee. In August 1976, the Advisory Com- hibit or comment numbers which appear Joiners of America, AFL-CIO, was pre- mittee met to discuss materials and in- in this preamble are based on the num- sented to the Secretary of Labor, stating formation relating to the occupational bering system in that list. Reference to the petitioner’s belief that a situation of safety and health aspects of commercial transcript pages which appears In the grave danger existed within the diving diving operations. On August 9 and 10, preamble are based on the pagination of industry and urging that an emergency the Advisory Committee considered the the certified transcript of the informal temporary standard (ETC) be issued provisions of the ETS and the back- public hearings on the proposed stand- ground materials contemplated for in- ard for commercial diving operations. with respect to diving operations to pro- clusion in the new proposal. On August 26 tect exposed employees. An informal and 27, the Advisory Committee recon- H. Nat ur e of th e Div in g Indu str y fact-finding hearing was convened by vened to consider an OSHA draft techni- Commercial divers perform a variety OSHA in Washington, D.C., November cal proposal which was prepared in ad- of underwater tasks and are engaged in 11-14,1975. Based on the evidence gath- vance for the Advisory Committee and diving throughout the country’s coastal ered and evaluated by OSHA, with the simultaneously made available to the waters, the Outer Continental Shelf, In assistance of an inter-agency federal task public. The Advisory Committee made its many of the nations’ rivers and Inland force and several independent experts, recommendations to OSHA at that time. lakes, as well as in artificial and Indus- the Assistant Secretary of Labor for Oc- In developing the proposed permanent trial waters. A March 1975 analysis made cupational Safety and Health deter- standard, OSHA considered all the rec- by NOAA indicated that there were ap- mined, in accordance with section 6(c) ommendations of the Advisory Commit- proximately 2,300 commercial divers in of the Act, that an ETS was appropriate tee in addition to public comments pre- the United States as of January 1973. to protect employees engaged in com- sented during its proceedings. The NOAA study estimated the diver mercial diving from occupational expo- population in the Gulf of Mexico alone sure to grave danger. The proposed permanent standard and notice of hearings was published in the to be 905 full-time and 450 part-time On June 15,1976, the Assistant Secre- Fed era l Reg ist er on November 5, 1976 divers (ETS Ex. 12). tary issued an ETS for Diving Opera- (41 FR 48950), with necessary corrections The structure of the commercial div- tions (41 FR 24272) as Subpart T of 29 made on November 12, 1976 (41 FR ing industry is such that approximately CFR Part 1910, § 1910.401 et seq., pur- 50008). A similar notice of hearing was 90 percent of all offshore operations are suant to sections 6(c) and 8(c) of the issued by the U.S. Coast Guard on the conducted by 23 contractors who employ Act, Secretary of Labor’s Order No. 8-76, same date (41 FR 48969). Public hearings over half of the country’s commercial and 29 CFR Part 1911. The evidence and on the proposal were held with the joint divers. In addition, there are approxi- findings supporting issuance of the ETS participation of the Coast Guard in New mately 400 small and medium size diving and a discussion of its provisions are set Orleans. La., on December 16-21, 1976, companies, whose work Is principally forth at 41 FR 24272-24285. and January 10-14, 1977. A total of confined to relatively shallow waters in The ETS was to have been effective on eighty-one individuals appeared at the harbors and inland waterways. July 15,1976. However, following a tem- hearings as witnesses. Among the wit- Prior to 1960 almost all commercial porary stay, the U.S. Court of Appeals for nesses were offshore and shallow water diving in the United States was con-

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37651 ducted in harbors and inland waterways, and other adverse factors of the work dive team must be trained or experienced and consisted mainly of construction, environment. In addition, if a diver is in the diving mode to which it is assigned repair and salvage work. However, with- decompressed in the water, these factors and the use of the tools necessary to in the past fifteen years, in conjunction are intensified by the additional exposure perform its tasks. This is especially true with the national search for energy and required by this procedure. of divers, because many of the work tasks mineral resources, new areas located in When a dive is particularly deep or they perform underwater, such as burn- coastal waters and further offshore areas lengthy, these inherent hazards make the ing, welding, and using explosives, are have been opened for exploration and use of a diving bell appropriate. A div- themselves hazardous. In addition, divers development. Divers are utilized exten- ing bell is a device which allows the and others who are likely to be exposed sively in all phases of the offshore oil diver to be transported to and from the to hyperbaric conditions and underwater industry—exploration, construction, and underwater worksite in an enclosed, dry exposure must by physically fit. It is es- production. compartment. It may be pressurized sential, therefore, that a high level of While the majority of inland and har- (closed), or it may be unpressurized training, experience, fitness, and super- bor diving occurs at depths less than 100 (open). With a bell, the diver, when vision prevail for each diving operation. feet of seawater (fsw), the offshore diver tethered to the bell, has a shorter umbil- In addition to having qualified per- works at depths which range from very ical or life support bundle than if surface sonnel who are medically fit, a dive team shallow to 300 fsw or more, and occa- supplied, is closer to a place of refuge, must follow sound operating procedures sionally to 500-1000 fsw. Technology is and can be decompressed in the relative to promote the diving operation’s safety sufficiently advanced to enable diving to safety of an enclosed environment. and efficiency. Advanced planning is es- depths exceeding 1,000 fsw. Based on the Mixed-gas diving is carried out with sential to the proper selection of tech- current trend in offshore or exploration, mixtures of oxygen and gases such as niques and equipment which will achieve deeper and longer working dives can be helium and/or nitrogen; an oxygen- maximum safety under anticipated con- anticipated. helium (heliox) mixture is most com- ditions, especially when the exact condi- monly used. Mixed gas replaces air as the tions to be encountered are not fully III The Div er ’s Wor k Envi ron men t breathing mixture when the increased known in advance. Effective planning re- Divers are called upon to use their partial pressure of nitrogen in the com- quires a thorough evaluation of what skills in activities such as construction, pressed air becomes narcotic. Conse- the diver must do to complete the job repair, salvage, scientific observation, in- quently, mixed gas is used during deeper as well as anticipation of present or spection, pipe laying, and rescue opera- and sometimes during longer dives. developing hazards. Environmental con- tions. Mixed gas is used commercially in con- ditions often affect the choice of diving Commercial diving involves exposure junction with surface-supplied, bell and procedures and frequently determine to a high degree of risk. The diver’s work saturation diving. whether diving can be carried out safely. environment is inherently hazardous. Saturation diving, in which the body Sea state, sea and air temperatures, Many divers are subjected to the dangers tissues become saturated with inert gas, weather conditions, underwater visibility commonly associated with maritime and is used in situations where the diver will and currents, and the nature of the bot- construction work. Their work often in- be exposed to hyperbaric (or high pres- tom all have significant influence on volves such operations as welding and the sure) underwater conditions for long pe- diving safety, and these factors need manipulation of heavy objects. In addi- riods of time. For example, for diving to be evaluated prior to and throughout tion, many times they work in isolation depths exceeding 400 fsw with working any diving operation. for relatively long periods of time and are times over two hours, saturation diving Proper planning for emergencies and exposed to decompression-related in- is commonly used. The advantage of sat- development of appropriate contingency juries and illnesses. uration is that once the diver’s body tis- plans are essential to the safety of all In diving., several techniques and sues become essentially saturated with diving activities. In an emergency many modes are utilized. Their appropriate- inert gas at any given depth, no addi- forms of outside aid may be required. ness for any particular situation depends tional decompression time is needed re- Careful consideration must be given to on a number of factors, including depth, gardless of the length of time the diver potential emergencies before any opera- time, nature of the operation to be per- stays at that depth, because additional tion is undertaken, so that necessary aid formed, and the experience and techni- time spent at pressure results in little may be obtained as quickly as possible. cal capabilities of the persons involved. additional gas uptake. However, the sat- Moreover, means for emergency trans- Each has unique operational advantages uration mode usually involves very long portation must be considered and made and poses special hazards. periods of decompression and isolation available. Because the dive team’s isola- SCUBA diving, where the divers carry for the affected divers. This can be physi- tion can transform any accident or in- their own breathing gas supply, is used ologically and, in some cases, psychologi- jury into a serious medical emergency, primarily for inspection and search ac- cally wearing. there is also a need for first aid training tivities. Diver inwater mobility and ease Liveboating is a technique in which a and careful advanced planning so that of operation are its principal assets. How- surface-supplied diver is supported from personnel may respond to such emer- ever, the possibility of the diver’s getting a vessel which is underway. This gives gencies in a manner which reduces the lost in relation to the dive location (i.e., the diver greater mobility on the bottom likelihood of aggravated injury and ill- the vessel or surface from which the dive for tasks such as pipeline inspection than ness. is conducted), the limited breathing gas would be possible if the diver were Other safety precautions must be supply, and the usual absence of voice tethered to a fixed vessel or surface routinely incorporated into the diving communications limit the usefulness of structure. Because the vessel is underway, operation. Examples of precautions SCUBA in commercial activities and pose however, liveboating poses the potential which are necessary under certain condi- hazards which can largely be avoided by hazard of hose entanglement in the turn- tions, are maintaining the diver in using the surface-supplied mode. ing propellers. thermal balance, having sufficient Surface-supplied diving is more com- Whatever the diving technique or mode breathing gas reserves in case of failure mon than SCUBA diving for commercial used, divers must rely completely on ex- or depletion of the primary source of operations. This method involves supply- ternal life-support systems while work- supply, and providing a standby diver ing the working diver with the breathing ing under severe performance limitations to aid the working diver promptly when gas, either air or mixed gas, through a to perform their tasks. Factors such as inwater assistance is necessary. Simi- hose, from a source located at the dive environmental, psychological and physi- larly, whenever diving outside the no- location. This method of supplying the ological stress, makeshift or poorly de- decompression time-depth limits is diver with life support allows monitor- signed tools and inadequate training can planned, appropriate decompression ta- ing of the diver, who is tethered and in further impede the diver’s efforts. A bles designed to return the diver to the communication with dive location. A close working relationship between the surface safely must be followed. In the major safety limitation of this mode is diver and surface support personnel must event that decompression sickness does the duration of. inwater exposure. The be established, and an experienced, develop, a decompression chamber, oxy- diver working in the water is continu- trained person must be present and in gen or treatment gas mixtures, and ously subjected to temperatures, currents charge of each diving operation. The treatment tables and instructions must

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37652- RULES AND REGULATIONS be readily available to treat this condi- abdominal pain, visual disturbances, ness without warning, and can be fatal tion effectively. speech difficulty, shock and uncon- if not corrected. Excessive oxygen in The contribution of comprehensive in- sciousness. ' . the inspired breathing gas can cause struction and effective communication to Research using ultrasonic monitoring convulsions resembling those of epilepsy; safety is not limited to emergency or during decompression has produced prolonged exposure to somewhat lower contingency situations; many types of convincing evidence that some bubbles levels of oxygen may cause lung irrita- communications are vital to safe diving. may exist during most decompressions, tion which increases if exposure con- Whether used to warn other vessels in even in the absence of overt symptoms tinues. In addition, excessive nitrogen in the area that a diving operation is under- of decompression sickness. Thesebubbles the inspired breathed gas can produce way, to summon emergency aid, or to may damage the linings of the blood narcotic or anesthetic effects which im- coordinate operations between the diver vessels and cause changes in the blood pair the diver’s cognitive function. and the dive location or bell, reliable itself. Eventually, they may also cause The possible presence of contaminants two-way communication is essential. other subtle physiological effects on var- in the breathing gas is another hazard The equipment used in a diving opera- ious organs of the body. associated with diving. Several poten- tion is also critical. It must be in proper Divers as a class are also subjected to tially harmful contaminants have been operating condition and carefully in- increased risk of skeletal damage. There found in air supplied to divers from spected prior to use in diving operations.’ is evidence that this damage, known as engine-driven air compressors. These For example, compressors must be well dysbaric osteonecrosis, is decompression- contaminants can be picked up by a maintained and located away from related, the result of gas bubbles trapped compressor intake or be produced by the sources of contamination locations. The in bone tissue which cause the death of compressor itself. The most significant safety implications of equipment failure such tissue. Dysbaric osteonecrosis may one is carbon monoxide, which combines or misuse for the diver warrant the appear as a benign lesion of a long bone, with the blood’s hemoglobin and inter- greatest attention to equipment condi- but a lesion situated critically at or feres with oxygen transport to the tis- tion and suitability. near a joint may cause structural fail- sues. This can result in reduced cognitive IV. Phy sio lo gi ca l Haz ar ds ure, which results in painful limitation function; if the level of carbon monox- of movement and eventual loss of joint ide is high enough, death can result. Divers are particularly, and in some function. At the present time, ways to Carbon dioxide, while a normal metab- cases uniquely, exposed to certain kinds prevent dysbaric osteonecrosis entirely olite and not toxic at low levels, can of physiological hazards. On any dive, a are unknown, and it is also not possible cause unconsciousness and convulsion if diver is exposed to such potentially to relate the occurrence of osteonecrosis it accumlates in a breathing system, harmful physical agents as pressure, to any particular diving exposure with especially during exertion. Oil mist breathing gas, and water. One pervasive certainty. causes coughing and nausea, and if it variable is the element of depth. In- Divers are subject to other decompres- reaches a lung, can damage its sensitive creased depth means an increase in the sion-related medical problems. An ex- lining and lead to the development Of pressure exerted on the diver’s body, 1 ample is gas embolism, the result of gas lung edema. atmosphere (14.7 pounds per square being forced into the bloodstream, which In addition, divers are exposed to the inch) for every 33 feet of depth. While is usually caused by a diver holding the hazards inherently associated with water every increase in pressure does not breath while ascending. This gas acts as a work environment, as well as those necessarily create a proportionately as an obstruction, or embolus, which which accompany other physically de- greater physiological risk, many diving blocks the proper flow of blood to the manding and stressful occupations. The hazards are inherently pressure-related. brain or spinal cord. Embolism causes normal hazards of such work are com- In a hyperbaric environment, the in- such serious symptoms as weakness, dis- pounded by the fact that the diver Is in creased pressure of the breathing gas orientation, visual and hearing disturb- the water, limited in mobility and visi- forces more gas to be dissolved in the ances, dizziness, nausea, shock or uncon- bility, working with heavy objects and body than is the case at atmospheric sciousness; it may be fatal or result in sometimes restricted to a physically pressure. Subsequent ascent to a lesser permanent damage unless recompres- confining space. The possibility of seri- ambient pressure can cause much of this sion is accomplished immediately. Simi- ous traumatic injury is therefore always absorbed gas to come out of solution in larly, gas may also leak into the pleural present. the form of bubbles, which are the cause cavity or flow under the skin and collect of decompression sickness and other V. Summar y and Expla na tio n of th e around the heart or in the chest, and Sta nd ar d diving-related disorders, either directly may cause collapse of a lung. or indirectly. The probability of these Other problems may arise if the pres- .The standard applies to all diving op- disorders is minimized by controlling the sure in the rigid cavities of the body are erations conducted in connection with ascent rate of the diver. not equalized. This condition is known all types of work and employment The term decompression sickness is as barotrauma or squeeze. If the pres- within OSHA’s jurisdiction unless spe- applied to a disease which may occur as sure imbalance is great enough, rup- cifically exempted. Because of the inter- the result of a reduction in ambient tured blood vessels or other tissue dam- related nature of every diving operation, pressure. The symptoms vary from mild age may result. This form of barotrauma it has been necessary to include require- local pain or itching of the skin to neu- most commonly affects the middle ear, ments which address personnel qualifi- rological effects or collapse with un- but may also occur in the sinuses, teeth, cations and assignments, medical fit- consciousness. Decompression sickness or lungs. Similar effects can result from ness, operational procedures, both gen- symptoms usually occur shortly after unequal pressure between the ambient erally and by diving mode, equipment, completion of a dive or other pressure environment and spaces enclosed by the and recordkeeping. The approach taken exposure, or before reaching the surface mask or folds of the suit. has been to develop a standard which, from deeper dives. In addition to the hazards caused, di- based on the full record of this proceed- Serious decompression sickness may rectly or indirectly, by the increased ing, promotes employee safety and involve permanent or residual damage pressure divers are also exposed to a health by providing for safe and health- to the central nervous system (CNS) or number of hazards because they breathe ful working conditions so far as possible, to the audio-vestibular system. Decom- compressed air or artificial gas mix- is technically correct, and is technologi- pression sickness involving the audio- tures and must rely on special equip- cally and economically feasible. The vestibular system may be manifested as ment to furnish the gas (compressors, major issues raised in the proceedings partial or total hearing loss, a ringing pressure, vessels, valves, hoses, masks, as well as the purpose and rationale of the ears, or a sudden severe dizziness regulators, and helmets). Among the of each requirement of the standard is and nausea. This type of decompression potential dangers, those associated with addressed in the section-by-section dis- sickness occurs more often during de- oxygen present the greatest hazard in cussion which follows this introduction. compression from very deep dives. diving. If the partial pressure of oxygen No serious question has been raised Among the symptoms indicating possible in. the breathing mixture is too low, covering the technological feasibility of CNS involvement are numbness, dizzi- oxygen deficiency (hypoxia) will result; the standard. The techniques, equipment ness, nausea and vomiting, weakness, this condition can produce unconscious- and procedures mandated by the stand-

FEDERAL REGISTER, VOL. 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37653 ard are known to and used by substan- the specific threshold criteria and prop- mostly shallow-water diving testified in tial portions of the commercial diving erly concluded that they were not ex- general terms that the economic impact industry today. To the extent that there ceeded. of the standard would be significant on will be any difficulty in complying with A finding of a non-major inflationary their individual firms (TR. 592, 626-31, the standard by the effective date, the Impact is not necessarily equivalent to 722-3,1262,1274,1277,1414,1416-7,1421- difficulty will stem from short-term a finding of economic feasibility, par- 4, 1689, 1693-6), but none provided an shortages of some types of equipment ticularly when a relatively small indus- itemized breakdown of costs or was will- and not from any infeasibility of the try is involved. OSHA has therefore con- ing to divulge revenue or profit infor- standard. To a great extent, these possi- sidered the economic impact of this mation (Tr. 1423-4), and none was in a ble short-term supply problems have standard on the regulated industry. In position to project cost impact for the been remedied by providing delayed ef- assessing economic impact, only the in- industry as a whole or any particular fective dates in the standard for some cremental impact of the standard vis a sector. No evidence was presented on of the equipment requirements. Based vis current and projected industry prac- profits within the industry, either indi- on evidence in the record and in con- tice is relevant; that is, only costs im- vidually or industry-wide; and given the sideration of the time period that has al- posed on employers which would not lack of publicly held corporations in the ready elapsed since the notice of pro- otherwise be incurred can be considered. industry, no such evidence was inde- posed rulemaking and the hearings, the In making this determination, the pendently available. The information standard accordingly requires employers agency must rely on whatever data bn provided by the industry, and over which to comply as soon as possible but in no costs, revenues, profits, and market it was uniquely in control, was therefore case later than 6 months after the effec- structure exists in the record, as well of limited usefulness. tive date <9 months after the publication as its knowledge of current and expected Much of the substantive testimony at date) with provisions where decompres- industry practices. In approaching the the hearings and in the record con- sion chambers or bells are required and data that has been presented, OSHA rec- cerned actual industry practice and in- such equipment is not yet available (Tr. ognizes that at the time the data was dicated that it did not differ significantly 174-6; Ex. 43). To the extent that even collected, many of the employers sur- from much of the proposal; reference to after this period all employers may not veyed either by OSHA or the industry such testimony is made when appropri- have been able to obtain the necessary contractor, and particularly the small ate in the section-by-section discussion of equipment, the provisions for temporary business employers, had an inaccurate the standard. Examination of the most variances in section 6(b)(6)(A) of the and often exaggerated conception of common industry manual (ETS Ex. 4), Act are appropriate and adequate to pro- what the proposal would require (Tr. which is endorsed and used by approxi- vide the relief necessary. 1883, 1912); and, secondly, there was mately half the industry and nearly all In considering the economic impact of insufficient appreciation of the extent the offshore contractors, confirms this the standard, OSHA has relied on its In- to which diving companies would already to be true. flationary Impact Assessment (HA) (Ex. be in compliance with the standard In considering cost impact, it should 27) and evidence in the record presented given their standard operating proce- also be recognized that there are differ- by professional economists, individual dures (Tr. 1901-12). ences between this standard and the pro- employers and others connected with the The HA estimated an annualized posal. For example, costs associated with industry. Prior to the proposal, OSHA yearly cost of $22 million for the entire first aid training and supplies, medical prepared within the time and resources industry, an estimate which was, if any- examinations, compressor systems, and available to it an IIA in accordance thing, intentionally biased on the high recordkeeping should generally be lower with Executive Order No. 11821 (39 side because it did not take into account than was true of the proposal; while FR 41501, November 29, 1974), OMB a report by a major contractor that there there may be some increased costs with Circular A-107 (January 28,1975), Sec- would be no significant economic impact regard to standby divers, reserve breath- retary’s Order No. 15-75 (40 ER 54484, (Ex. 27, p. IH-4). This figure can be ing supplies, and decompression cham- November 24, 1975), and the U.S. De- compared to the estimated total domes- bers. On the whole, however, the cost im- partment of Tabor Temporary Directive tic revenues oflessthan$100 million. The pact of the standard has probably been No. 1 (November 17,1975). Based on the industry-sponsored statistician was of reduced because care has been taken to data collected in the IIA, OSHA was able the opinion that, because of the sample eliminate those items of the proposal to conclude that the proposed standard size used, there was a 25 percent chance identified as liability traps;” other re- was not a “major” action which would that the IIA cost estimates were over or quirements have been modified or de- necessitate further inflationary impact understated by as much as 30 per cent. leted to accord with evidence presented evaluation, because the threshold cri- (TR. 1861, 1889), which would place the in the record; whenever possible to do so teria established by the enabling orders annualized yearly cost in a range of ap- without compromising the safety and were not exceeded. proximately $14.7 million to $29.3 mil- health of employees, it is left to the em- Theproposal invited information, data lion; while the analysis of the OSHA eco- ployer to seek the most cost-effective and comments concerning economic nomic consultant, after review of a sur- means of achieving a particular perform- feasibility and inflationary impact for vey presented by the major industry ance requirement; and close attention presentation at the hearings; and testi- group of its membership (ETS Post- has been paid to recommendations from mony was heard on the subject. A panel Hearing Comment 13), indicates that the individuals with practical experience in which was sponsored by the major in- HA estimate of total domestic revenues the industry and particularly to evidence dustry group and which had been con- appears warranted. of current industry practice. Moreover, tracted by them to conduct a cost im- By contrast, the industry economic there should be no disproportionate im- pact survey presented testimony chal- panel estimated the total annual cost of pact on market structure, because the lenging the methodology and conclusions compliance to be $34.3 million to $40.2 nature of the standard is such that the of the HA and introducing their own million (TR. 1885). It presented no pre- greatest cost impact of the standard will cost estimates of the impact of the pro- cise estimate of total revenues for the be felt by the portion of the industry posed standard (Tr. 1854-1917). After industry as a whole, but indicated that best able to bear the cost, namely the the hearings, OSHA had Arthur Young & they certainly exceeded $100 million in larger offshore contractors who do Co., its economic consultant in this mat- domestic sales and $200 million in world- mostly deep diving in conjunction with ter, review this critique and a similar wide sales (TR. 1872, 1884; Ex. 182). the oil industry and should be able to one by the Council on Wage and Price Unfortunately, the background informa- pass on much of the cost to their client Stability (Ex. 127); this review was en- tion for the companies it surveyed and industry (Ex. 128); while the cost im- tered into the record (Ex. 128). The in- upon which its estimates were based was pact on the smaller contractors who do dustry economic panel then commented not entered into the record, so that care- almost exclusively shallow-water work upon the analysis of the OSHA economic ful analysis of the conclusions presented will be correspondingly less. Finally, to consultant (Ex. 182). Based on the anal- is not possible. In addition, several indi- the extent that temporary supply bottle- ysis of its consultant, OSHA has deter- vidual employers who classified them- necks can be anticipated due to the ini- mined that the HA adequately addressed selves as small businessmen performing tial start-up costs of compliance with

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37654 RULES AND REGULATIONS certain capital cost requirements of the • The standard applies to diving and re- divers whose operations utilized open- standard, the extended effective dates for lated support operations conducted in circuit compressed air SCUBA and were these requirements should eliminate that connection with all types of work and conducted within the no-decompresslon potential short-term problem. Accord- employments over which OSHA has ju- depth-time limits. Their reasoning was ingly, OSHA is able to determine that risdiction, except in cases where exclu- essentially that no valid distinction can the standard is both technically and eco- sion from the standard has been explic- be drawn between commercial diving nomically feasible. itly provided. For this reason, and to and that performed by the excluded In so concluding, OSHA has, of course, avoid any possible ambiguity, the stand- groups, because divers in both groups also considered the benefits which will ard is not only adopted as a subpart of are employees, both work in the same accrue from compliance with the stand- Part 1910 of 29 CFR (general industry), marine environment, and both are sub- ard in the reduction of injuries, illnesses, but is also incorporated into Parts 1915 ject to some of the same inherent haz- .and fatalities and the accompanying re- (ship repairing), 1916 (shipbuilding), ards and physiological effects of diving. duction in tangible and intangible so- 1917 (shipbreaking), 1918 (longshor- It has also been stated that SCUBA div- cial costs. Evidence that deaths, injuries, ing), and 1926 (construction). Sections ing is at least as hazardous as surface- and illnesses have occurred as a result 803 and 804 of 29 CFR Part 1926, which supplied diving (Tr. 779, 797, 1391; Ex. of the hazards associated with diving is apply to compressed air and decompres- 35,178p. 81). found throughout the records (ETS Exs. sion in construction work, do not apply OSHA has concluded, however, that a 34, 41, 42, 44, 45, 47, 48, 49, 50, 52; ETS to diving operations in view of the spe- valid distinction can be made between Post Hearing Comments 13, 14; Exs. 17, cific provisions in Subpart T which deal the class of SCUBA Instructors and that 62, 76, 100; Comments P, Y, MM); much with these subjects as they pertain to of commercial divers, and that exclusion of the statistical information presented diving. Nor does the standard apply to of SCUBA instructors, in the circum- has been compiled in a single document agricultural operations within the mean- stances indicated, Is warranted. The by OSHA (Ex. 44B). While no dollar fig- ing of Part 1928 (agriculture). comments presented by the sport and ure is possible, OSHA believes that the Pursuant to Section 4(b) (1) of the recreational diving instruction groups benefit to be derived from the standard Act, the standard does not apply to work- provide a convincing rationale for such is significant and serves the legislative ing conditions over which other Federal a distinction (Ex. 148). The diving In- mandate of the Act. agencies exercise statutory authority to structor, who is an employee, Is student In addition, OSHA is able to reaffirm prescribe or enforce standards or regu- oriented, not task oriented. The dive its determination (41 PR 48959) that the lations affecting occupational safety and site is not determined by the location of standard is not a major Federal action health. OSHA has been advised of the a particular job as it is in commercial significantly affecting the quality of the U.S. Coast Guard’s intention to publish applications, where operations must of human environment and that an envi- proposed regulations, within its area of necessity be conducted under environ- ronmental impact statement is therefore jurisdiction, on commercial diving op- mental conditions which are often ad- not required. The only potential impact erations. verse. The SCUBA Instructor, by con- that has been raised relates to its effect Specific exclusions have been provided trast, selects a location which is usually on the offshore oil industry. The HA where the nature of the diving opera- clear, shallow, and warm. Indeed, a found that there would be virtually no tions is such that inclusion in this stand- swimming pool is the dive site for most impact on either the nation’s energy ard would be inappropriate, or where SCUBA instruction. Such dives are dis- supply or demand, and no impact on the safety and health of divers is gov- continued if the slightest difficulty oc- supplies of critical materials as a result erned by rules or regulations of another curs. SCUBA instructors do not utilize of the standard (Ex.'27, IV-7). There Federal agency. The three exclusions construction tools, handle explosives, or was testimony by the industry economic are: (1) Instructional diving utilizing use welding or burning tools. As a result panel that the standard could result in only open-circuit compressed air SCUBA of these factors, SCUBA instructors are some marginal oil wells becoming eco- within the no-decompression limits; (2) rarely exposed to adverse sea states, nomically infeasible and an increase in search, rescue and related public safety temperature extremes, great depths poor the mobilization time for the diving in- diving by or under the control of a gov- visibility, or heavy work loads, some or dustry which would cause pipelines and ernmental agency; and (3) diving gov- all of which are common to the great wells needing repairs to be shut down erned by to the Protection of Human majority of commercial diving op- for longer periods of time (Tr. 1869, Subjects regulations of the Department erations. 1871; Ex. 182). However, this assump- of Health, Education and Welfare However, OSHA recognizes that some tion fails to take into account the fact (HEW) or equally effective rules or diving techniques or conditions poso that the increased costs to the diving in- regulations of another Federal agency. greater potential hazards than others, dustry compared to the economic costs .In addition, pursuant to Section 3(5) regardless of the purpose of the dive. of lost production, particularly when of the Act, employees of Federal agencies Thus, this exclusion for instructional considered in light of demand for oil and of the United States government are ex- diving has been ilimited to a restricted the ability of the oil industry to- absorb cluded from the jurisdiction of the diving range, a particular specific mode, an increase in the cost of diving services, standard. Instead, such employees would and equipment. The exclusion from the is such that no significant impact on en- be protected in accordance with Section standard applies only to instructional ergy supplies, and hence on the environ- 19 of the Act under which it is the re- diving, which uses open-circuit com- ment, can reasonably be anticipated (Ex. sponsibility of each agency which en- pressed air SCUBA and is conducted 128). It is also noted that the standard gages in diving operations to establish within the no-decompresslon limits. The permits deviation from its requirements, and maintain an effective and compre- standard defines no-decompression lim- in emergency situations, to the extent hensive safety and health program its as the depth-time limits of the "no- necessary to prevent major environmen- which is consistent with this standard. decompression limits and repetitive divo tal damage. Because of the nature of this standard, group designation table for no- 1. Scope and application (§ 1910.401). OSHA' recognizes that certain Federal decompression air dives” of the U.S. . The standard applies wherever OSHA agencies such as the U.S. Coast Guard Navy Diving Manual, or equivalent lim- has statutory jurisdiction. Consequently, and those within the Department of De- its which the employer can demonstrate unless specifically excluded from the fense have unique activities and obliga- to.be equally effective. No distinction per standard, diving in any natural or arti- tions which may require adjustments to se is made between instructors of pro- ficial inland body of water, as well as this standard consistent with their div- spective sport and recreational divers diving along the coasts of the United ing operations. - . and Instructors of prospective commer- States and possessions listed in Section Several parties, and the Construction cial divers. However, by Its very nature, 4(a) of the Act, 29 U.S. 655, or within Advisory Committee, have argued the training for commercial divers in- the Outer Continental Shelf surround- against any exclusions from the stand- volves diving that is surface-supplied, ing them, is covered. Diving outside of ards, and particularly against those uses mixed gas as a breathing gas, or the Outer Continental Shelf is not cov- which appeared in the proposal for in- requires decompression; each of these ered by this standard. structional and scientific/educational factors potentially increases the hazard

FEDERAL REGISTER, VOL. 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37655 of the operation. Once the instructional or contractors, and the regulations are and 16 of the Act). This emergency pro- environment exceeds the specified limits, designed to promote safety and health. vision anticipates the unique circum- the standard applies. Coverage of in- Similarly, any other Federal agency stances for which diving services are structors who work outside these limits which adopts rules or regulations that sometimes needed and thus obviates the protects the instructors’ own health and are equally effective, i.e., similar in de- need for a continuous OSHA variance safety, and also serves to introduce sign, purpose, and effect to those of capability to make ad hoc determina- proper compliance with the standard at HEW, will come under this exemption. tions in emergency situations, as has the formal training level. The exclusion is appropriate and sup- been recommended—(Ex. 178, p. 5). In addition, it should he noted that ported in the record on the grounds that Although temporarily exempt from in- individuals engaged in recreational or it would permit continued scientific re- appropriate substantive portions of the sport diving for their own personal en- search designed to extend the safe limits standard in such emergency situations, joyment, and not otherwise related to of diving physiology and technology (Tr. the employer is required to notify the their respective employments, are not 1318,1335-7). The long-term safety and OSHA Area Office within 48 hours and. within the jurisdiction of the Act, and health interests of divers are best served upon request of the Area Director, to therefore are outside the scope of this by the continuation of this research, and submit a record of the notification, with standard. On the other hand, SCUBA such diving cannot reasonably be ex- an indication and explanation of what diving for a commercial rather than in- pected to comply in every respect with deviations from the standard were structional purpose is covered by the a standard which is designed to reflect taken as a result of the emergency. This standard, regardless of equipment or current operational practice. requirement will enable OSHA to moni- depth-time range. OSHA has received numerous com- tor the use of this exemption. The second category to be excluded ments from employers whose operations As in all OSHA standards, the re- from the standard is diving operations are predominantly or exclusively con- sponsibility for compliance with its re- performed solely for search, rescue, or fined to relatively shallow waters, re- quirements is placed upon the employer. related public safety purposes by or un- questing that their operations be ex- Throughout the proceedings, several in- der the control of a governmental cluded from the standard or at least be dividuals questioned why some legal re- agency. Although not in a class explic- treated separately by a two-tiered stand- sponsibility could not also be placed di- itly excluded by the proposal, OSHA has ard. OSHA has determined that this rectly upon employees, because the diver received a number of comments from would not be appropriate. First, the rec- must exercise a large measure of indi- persons engaged in diving which is in- ord indicates that shallow water divers vidual responsibility and, while under- cidental to police and public safety func- are often subjected to many of the same water, is to a large extent beyond the tions, who have urged the specific exclu- hazards as the deeper water divers, and direct control of the employer/supervisor sion of this group from the standard occasionally to the increased hazards of (TR. 143-4,178, 1250-1, 1747-52). How- (Comments J, W, AA, FF) and OSHA repetitive diving (Tr. 105, 748-9, 923-4, ever, while the Act directs each employee has concluded that such an exclusion 9440-1, 1109; Ex. 178, pp. 13-16). Sec- to "comply with occupational safety and is appropriate. The “by or under control ond, the standard is designed to reflect health standards * * * which are ap- of” language is intended to make the ex- good operating practice, which is equally plicable to his own activities and con- clusion applicable to all divers whose relevant to shallow water diving opera- duct” (§ 5(b)), there is no mechanism purpose is to .provide search, rescue, or tions. Nevertheless, while a separate set under the Act by which such standards public safety diving services under the of provisions has not been created for can be enforced against an employee. direction and control of a governmental the shallow water diving sector, OSHA The legislative history (S. Rep. No. 91- agency (e.g., local, state or federal gov- has been sensitive to the need to pro- 1282, 91st Cong., 2d Sess. 10-11 (1970)) ernment) regardless of whether or not mulgate suitable requirements for this and case law (Atlantic & Gulf Stevedores such divers are, strictly speaking, gov- segment of the industry and has en- v. OSHRC, 534 F.2d 541 (3rd Cir. 1976) ) ernment employees. Diving contractors deavored to provide appropriate distinc- are clear that “final responsibility for who occasionally perform such services tions wherever it could be done with- compliance with the requirements of this privately on an emergency basis, and out compromising employee safety or act remain (sic) with the employer” and who are not under the control of a gov- health. Congress did not intend to confer on the ernmental agency engaging their serv- In addition to the exclusions dis- Secretary [of Labor] or the [Occupa- ices, do not come under this exclusion. cussed above, the emergency provision tional Safety and Health] Commission This may, however, be covered by the has been included in the standard be- the power to sanction employees, because provision concerning application of the cause of the unique situations in which the OSHA Act provides for "an enforce- standard in an emergency, which is dis- the diving industry is at times placed. ment scheme directed solely at employ- cussed below. In exempting these search Contractor comments urged "that the ers.” and rescue operations, OSHA has deter- designated person in charge be given the While placing legal responsibility for mined that safety and health regulation discretion to take whatever action he compliance solely upon the employer, of the police and related functions are deems necessary to cope with emergency OSHA has carefully endeavored through- best carried out by the individual States situations requiring immediate action, so out the standard to take the realities of or their political subdivisions. long as he takes the proper precautions the diving environment into account and In contrast to the proposal, the cate- to provide for safety under unusual con- to make the substantive requirements, gory of scientific/educational diving is ditions” (Ex. 178, p. 7). OSHA agrees and hence the responsibility for com- treated separately in the standard from that in such emergencies the overriding pliance. consistent with the degree of SCUBA instructors because the record consideration should be the preservation control the employer has over particular does not adequately support a conclusion of life and the protection of the environ- aspects of a diving operation. Moreover, that the work conditions and risk expo- ment. The emergency provision, which performance of particular functions for sure of scientific divers differ measurably reflects these concerns, is restricted which the standard makes the employer from those of commercial diving (Tr. to permitting deviations from the responsible may in fact be delegated to 1769-80). They are therefore generally requirements of the standard in those the employer’s designated person-in- covered by the standard. A portion of the situations where death, serious phys- charge or to other employees; however, scientific diving community is, however, ical harm, or major environmental such delegation does not dilute the em- excluded from this standard. Diving op- damage is likely, but only to the ployee’s legal responsibility for compli- erations which are governed by 45 CFR extent that such action is immediate- ance with this standard. Part 46 do not come within the scope of ly necessary to prevent or minimize 2. Definitions (§ 1910.402). The list of this standard; such operations involve the harm. No exemption is provided definitions in the standard has been research and development or related sci- for situations where purely economic or entific activities requiring human sub- property damage is likely, nor is the greatly reduced from that which ap- jects and receive HEW grants or con- emergency waiver intended to substitute peared in the proposal. The purpose in tracts. Compliance with the HEw regu- for the statutory variance procedures providing definitions for key terms is to lations is mandatory for such employers (sections 6(b) (6)(A), 6(b)(6)(C), 6(d), clarify the intent of these terms as used

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37656 RULES AND REGULATIONS in substantive provisions of the stand- derstanding, including a working knowl- may become necessary to prolong the ard. For instance, “dive location” refers edge of mixed-gas equipment, such as a diver’s hyperbaric exposure to complete only to the vessel or surface from decompression chamber, bell and mixed- a decompression or treatment procedure which the diving operation is con- gas breathing gas supply system, the op- to avoid serious or fatal consequences ducted, and never to the underwater site erations and emergency procedures asso- (Tr. 137-8, 1748-52; Ex. 178, p. 58-9). of the dive. Certain definitions which ciated with this diving mode and the The requirement that a dive team appeared in the proposal have been de- equipment used with it, and an under- member not be permitted to dive or bo leted because they were considered iden- standing of the physics and physiology otherwise exposed to hyperbaric condi- tical to their common, unambiguous of mixed gases. By allowing employee tions for the duration of any physical meanings (e.g., "decompression,” "ex- qualifications in these areas to be impairment or .condition known to the haust valve”): others have been deleted achieved through either field experience employer and likely to affect adversely because they no longer appear anywhere or classroom .training, or a. combination the safety or health of a dive team mem- in the standard (e.g., “ascent time,” “hot of both, the standard acknowledges in- ber derives from the "temporary impair- tapping,” “PVHO”). Of the definitions dustry practice, which is to train dive ment or condition” section of the pro- which remain, many have been modified team members on the job, including those posal. Exposure with such as impairment in the interest of precision and in accord- who are graduates of formal diving or condition could be detrimental to the ance with testimony and comments re- courses. Most divers begin as tenders and employee’s health and possibly jeopard- ceived in connection with the hearings on advance to diving status after a year or ize others. However, the “known to the the proposal (Tr 149-152,188-90,1721-3, more of field experience (Tr. 606; Ex. employer” language reflects the require- 1936-9, 1979-85, 2006-7; Exs. 154, p. 6-9, 64Aii, Ex. 154, p. 10-19). ment that an employer must inquire 165, 178, p. 17-22). .In addition, each dive team member into, and make an assessment of, the 3. Personnel qualifications (§ 1910.- must be trained in cardiopulmonary re- physical fitness of the dive team member 410). In the diving industry, employee suscitation and standard first aid. This before each dive. The list of specific im- qualifications are critical to safety and requirement replaces the proposal’s re- pairments from the proposal has been health since lack of adequate training quirement that there be one person deleted because these were intended to and experience has been one of the most trained in advanced first aid at every dive be merely illustrative, rather than all in- frequent contributing causes to diving location, and a diving paramedic (Emer- clusive (Tr. 2186). accidents and Injuries (Tr. 781-3, 843, gency Medical Technician/Diving) at The standard maintains the proposal’s 921-23, 1814, 2208; Ex. 17, 44, 62, 76, 77). the location of certain remote or par- requirement that the employer designate Employee safety and health can be max- ticularly deep dives. While the need for a person to.be in charge of all aspects of imized by establishing basic criteria for first aid training is widely recognized, the diving operation affecting the safety experience and training of participants there has been considerable testimony and health of dive team members. This in diving operations (Tr. 781, 783,1366). and comment that a diving paramedic requirement was supported by hearing The standard specifies that all dive (EMT/D) requirement is both inappro- testimony which emphasized the impor- team members, i.e., divers and support priate and infeasible at this time (Tr. 77, tance of such a person to operational employees involved in diving operations, 314, 645-6, 649, 1542-45, 1792-3, 1926-7, safety (Tr. 143-4, 178, 1748-52, 1768-9; Including the designated person-in- 2060-1; Comments B, 00; Ex. 178, p. Ex. 178, p. 26-7). The person who fulfills charge, must have experience or training 52-5) although some testimony support- this function may be either the employer in the use of tools, equipment, systems,’ ed the concept in principle (Tr. 900, 901, or an employee who has had experience techniques, operations and emergency 981-5, 1027-31). OSHA has determined and training in the conduct of the as- procedures which pertain to their as- that requiring all dive team members to signed diving operation. Depending on signed tasks and diving modes, i.e., be trained to handle basic trauma and the size of the diving operation, the des- SCUBA, surface-supplied air, or mixed breathing emergencies offers the broad- ignated person-in-charge may either act gas. These required elements of experi- est possible protection to the greatest as a full-time supervisor or may carry ence or training are essentially un- number of personnel (Tr. 77, 314, 645-6, out this role in conjunction with other changed from the proposal and is sup- 649, 717, 901, 1158-9, 1272-3, 1545, 1654, duties at the dive location. The "affect- ported by testimony (Tr. 134). In addi- 1733, 2113, 2214-17; Ex. 178, p. 51-2; ing the safety and health of dive team tion, dive team members who are exposed Ocean Systems letter—3-17-77, late sub- members” phrase has been added to clar- to or control the exposure of others, to mission 3). An American Red Cross ify that the requirement is not directed hyperbaric conditions (e.g., a chamber standard course (14 hours) or equivalent to functions which are unrelated to safe- operator) must be trained in diving- training is specified because the combi- ty or health, such as payroll, contracting, related physics and physiology. Training nation of both field experience and for- and other management responsibilities, in diving-related physics was specifically mal instruction, is considered the best The standard's requirement that the des- included at the recommendation of a method of gaining necessary first aid ignated person-in-charge be experienced hearing witness who noted that an un- knowledge and skills. First aid and car- and trained in the conduct of the as- derstanding of the effects of pressure on diopulmonary resuscitation courses of in- signed diving operation derives from tes- gases is as essential to a basic under- struction meeting the requirement in the timony that such prior experience is cru- standing of diving as is knowledge of the standard are offered throughout the cial to the safety of the operation and physiological effects of diving (Tr. 134). country. that lack of such experience has resulted However, under the standard’s formula- The requirement of the standard con- in accidents and fatalities in the past tion, for example, a beginning tender or cerning job assignments is similar to that (Tr. 843-8). The proposal would have re- other dive team member who is not ex- for “employee training” in the proposal. quired that the designated person-in- posed to hyperbaric- conditions nor re- It is intended to assure that job assign- charge be currently or formerly qualified sponsible for the exposure of others will ments are consonant with an employee’s as a commercial or military diver. This not be required to have this training. experience and training. Dive team mem- was supported by some evidence at the The level of experience or training re- bers may receive such training on the job hearings (Tr. 819-20, 1264, 1429, 2105), quired by the standard depends upon the when under the direct supervision of an However, this requirement has been de- particular function an employee fulfills employee already experienced in the task leted in favor of the general experience on a dive team and the diving mode to to be performed (Tr. 605-6, 924-5). requirement because of testimony that it which the employee is assigned. For ex- The requirement that no employee be is not necessary in all cases to have been ample, a tender employed in shallow air exposed to hyperbaric conditions against a diver to be an effective supervisor, but diving would be required to have a basic the employee’s will derives from similar it is essential that the person must be ex- understanding of the breathing air sys- provisions in the proposal (§ 1910.421(d) perienced and familiar with the opera- tem and the operating and emergency (2) and (e)7 and is consistent with tra- tional aspects of the work (Tr. 94-5, procedures which pertain to this mode ditional and well-understood industry 207-8,435; EX. 178, p. 27-8). and the equipment associated with it. A practice (Tr. 2107-8; Ex. 64Aiv,1.2a.2). 4. Medical requirements (1910.411). mixed-gas diver, by contrast, would be However, notwithstanding an individual’s The medical requirements of this stand- required to have a greater degree of un- desires, the standard anticipate that it ard are premised on the fact that diving

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37657 is basically a high-stress occupation (§ 6(b) (7) of the Act) and reflects a The requirement that the employer performed under difficult environmental purpose that the medical fitness of all provide the physician with certain basic conditions, and that the safety of the employees is the responsibility of the information derives from a similar pro- diver and other dive team members can employer. vision in the proposal, as modified by depend on the health of the individual There was considerable testimony testimony (Tr. 71); this is consistent diver. For this reason, OSHA considers it about the importance of the physician's with general OSHA policy. The examin- appropriate to require mandatory medi- familiarity and knowledge of diving med- ing physician must be supplied with a -cal examinations for employees in this icine (Tr. 125, 378, 1011, 1391,1456), and copy of the medical requirements of the occupation who are, or are likely to be, OSHA believes such concerns are justi- standard. In addition, the employer must exposed to hyperbaric conditions. In fied. Accordingly, it is expected that em- provide the physician with a summary addition, the requirement for medical ployers will seek out and engage the statement of the nature and extent of the examinations implements the purposes of services of physicians who are knowl- hyperbaric conditions to which the dive section 6(b) (7) of the Act to determine edgeable in the physiological effects of team member will be exposed. For in- whether the health of such employee is hyperbaric conditions. Such an under- stance, such a statement might indicate adversely affected by this occupational standing is important to enable a physi- that a chamber attendant will be ex- exposure. cian to examine diving employees and to posed to a pressure equivalent to 165 fsw As in the proposal, the employer is render an informed opinion as to the (6ATA), but would not be exposed to the ultimately responsible for determining fitness of an employee based on an em- underwater work environment. The phy- whether affected dive team members are ployer’s indication of likely hyperbaric sician must also be told by the employer medically fit to perform assigned tasks exposure arid types of assigned work. what modes of diving and what types of in a safe and healthful manner. However, However, no specific qualifications for work a diver will be performing; such a the decision is to be based on the best the training of physicians performing the description might note that the employee available medical opinion. required medical examinations are pre- will be diving in the saturation mode, For the employer to have sufficient in- scribed, because there is no formally which requires prolonged exposure to formation on which to base that deter- recognized sub-specialty of hyperbaric stressful and isolated hyperbaric condi- mination, the standard requires the em- medicine at this time. tions, or is expected to perform heavy ployer to provide dive team members who The requirement that medical exami- construction work. are, or are likely to be, exposed to hyper- nations be provided at one-year intervals Each initial and annual examination baric conditions with medical examina- from the date of the initial or last equiv- must include a medical history, a diving- tions at no cost to the employee. The alent examination reflects standard med- related work history, a basic physical proposal required examinations for “em- ical practice (Tr. 70). Since there will examination, the tests required by Table ployees engaged as divers or otherwise be a 90 day effective date for the stand- I, and any additional tests the physician subjected to hyperbaric conditions." It ard, OSHA believes there will be adequate considers necessary. In contrast to the has been recommended to OSHA that time to provide the required examina- proposal, the required work history is only divers be provided with the required tions (Comment Y). Employees hired limited to diving-related matters, be- examinations, a recommendation which after the effective date of this standard cause other details of work history would would exclude all non-diving support em- must be provided the examination before not be relevant except to the extent they ployees from the medical requirements being assigned to tasks requiring hyper- have become a part of the medical his- (Ex. 178, pp. 23-4, 30-1). However, the baric exposure so that the determination tory (Tr. 72). The proposal’s requirement standard as written reflects the view, of fitness can be made before exposure. for "any tests deemed necessary to estab- expressed by a commercial diving physi- As in the proposal, the standard permits lish the presence or absence of any * * * cian at the hearings (Tr. 71), that any an employee who has had an examina- disqualifying conditions” has been de- dive team member who is to be exposed tion within the preceding year which is leted. This was done because the intent to hyperbaric conditions should be medi- equivalent to the one required by the of that provision has been met in the cally fit beforehand. Being subjected to ■ standard to meet the examination re- standard by leaving the physician the quirement. This will avoid unnecessary discretion to administer other tests pressure and undergoing decompression medical examinations. deemed necessary by sound medical are stresses which warrant inclusion of The reexamination requirement after practice, because the absence of a condi- this group of employees in the medical an injury or illness appeared in the pro- tion cannot be definitively established, requirements of the standard. For the posal, but the criterion for when such a and because the specific disqualifying purposes of the standard, “are, or is likely reexamination is necessary has been conditions of the proposal are nolonger a to be exposed” applies to any. employee modified in accordance with testimony mandatory part of the standard (Tr. 72, who is expected to dive, enter a decom- of diving physicians (Tr. 57-8, 73, 1649). 1650; Ex. 178, p. 35-6). pression chamber, or be otherwise ex- The testimony recommended that hos- The required medical tests which ap- posed to increased pressure. In addition pitalization in excess of 24 hours would pear in Table I are basic examination to divers, this requirement would apply, be proper and adequate, since it reflects requirements and are somewhat modified for example, to dive team members such current medical practice which requires from those which appeared in the pro- as tenders or designated persons-in- patients to be hospitalized for observa- posal. The EKG (Standard 12L) identi- charge who might reasonably be expected tion for a 24-hour period in cases where fies certain cardiac abnormalities not to enter a decompression chamber to the seriousness of symptoms or signs is detectable by auscultation (Tr. 85). A treat, or aid in the treatment of, a diver undetermined. After the observation hearing test is essential because hearing suffering from decompression sickness. period, those patients whose conditions degradation is common in diving and Objection has been raised to the re- warrant hospital treatment are admitted, hearing is essential if the critical voice quirement that employers bear the cost while those whose injuries or Illnesses communication requirements specified of the examinations, particularly with have resolved or are clearly minor in in the standard are to be used effectively regard to the issue of providing an exam- nature are discharged. The standard (Tr. 85). A visual acuity test is neces- ination for transient divers hired on a therefore requires reexamination only for sary to the extent vision may be relevant temporary basis for specific jobs. Never- that group of employees whose condi- to job performance. A color blindness theless any employer exposing employees tions are medically judged to warrant test is necessary because color coding is to hyperbaric conditions, except in emer- such hospital admittance, and further commonly used for piping and hose gency situations, would be obligated to provides that the nature and extent of markings; appropriate work assignments pay for their medical examinations un- such reexamination be determined by the or adjustments should be made if there less it could be demonstrated that an examining physician. After such a re- is a problem in this area (Tr. 86). Blood equivalent medical examination were examination, an employee cannot be re- and urine tests are important because taken within the preceding 12 months. assigned until the employer determines some conditions (anemia, diabetes) can (Tr. 716-7, 926; Ex. 178, p. 30). The cost that the employee is fit to return to the only be detected this way. Diabetes could of medical examinations being home by assigned work based upon the physician's produce unconsciousness; anemia re- the employer is mandated by statute report. duces work capacity and therefore fa-

• FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37658 RULES AND REGULATIONS. tigue and exhaustion (Tr. 86). A white before declaring such a diver fit to work so that, if anything, the first opinion blood count is an indication of acute in- in such circumstances. should carry more weight than later fection. The sickle test index tests for The employer’s decision on diving as- ones (Tr. 76-7, 1642, 1675; Ex. 178, p. hemoglobinopathies. Abnormal hemo- signments must be consistent with med- 44). Finally, it was claimed that the globins produce sickling under conditions ical opinion. Therefore, the function of procedure implied an unwarranted dis- of hypoxia, which causes blockage of the physician’s medical report is to serve trust of physicians and medical ethics blood vessels throughout the body and as a basis of the employer’s determina- (Tr. 75, 1700, Ex. 178, p. 45). However, injury to many organs and tissues (Tr. tion. If the physician’s opinion is that these arguments do not reach the funda- 52-3 1205); exposure to low oxygen par- an employee is medically fit, the em- mental policy balance between the need tial pressure might precipitate a sickling ployer should be able to rely on that for a mandatory medical examination crisis, which would be incapacitating opinion and assign the employee to and the employee’s right to a thorough underwater. The chest X-ray detects any task for which the employee is medical assessment. restrictive or obstructive lung disease, otherwise qualified. On the other hand, A second opinion by a physician se- which is hazardous for a diver whose if the physician recommends a restric- lected by the employee, provides a firmer pulmonary function is less than normal tion or limitation on the employee’s and broader basis on which to make a because of stress imposed by breathing hyperbaric exposure, OSHA recognizes determination of medical fitness. This under pressure; certain chest disorders that both the employer and employee second opinion will benefit both the em- cannot be detected without an X-ray (Tr. are put in a difficult position by the ployer and the employee in planning fu- 84). In addition, because the physiolog- standard’s requirement that employees ture action. Moreover, it will help pro- ical effects of the normal aging process who are medically unfit, as determined tect the employee from being barred or begin to be detectable at about age 35, by the employer based on a mandatory dismissed from employment or certain a single routine (12 lead) EKG is re- medical examination, not be permitted job assignments on the basis of a single quired at age 35 or over to establish a further hyperbaric exposure. By its na- medical opinion which may be incom- base-line record of heart function. ture, 'diving demands that employees plete or inaccurate. In addition, peer Medical tests which were required only whose assignments require hyperbaric review may result in the first physician “when medically indicated” have been exposure be medically fit. It is recog- reconsidering the original opinion after deleted from the tables, since these and nized that certain medical conditions comparing the findings of the second other relevant medical tests and proce- may be incompatible with diving; per- physician. This requirement for a second dures may be required at the discretion sons with these conditions who continue opinion is in fact not significantly differ- of the physician after consideration of to be exposed jeopardize not only their ent from current medical practice, since the employee’s work and medical history own lives but may risk the lives of others testimony indicated that physicians and the results of any other required as well. OSHA must also be cognizant of often consult with other physicians tests. The requirement that all divers the employees’ countervailing rights to whenever a difficult medical diagnosis or involved in decompression dives undergo be protected in their choice of occupa- a critical opinion is made (Tr. 1707-8, a triennial long-bone and joint X-ray tion. The agency must endeavor not to Ex. 178, p. 44), and patients often seek survey has been deleted from the stand- create, through a health and safety a second opinion on their own. If there ard because testimony on this issue was standard, a situation which restricts en- is a concurrence between the medical contradictory (Tr. 89-96, 72-3, 643-5, try into a profession or allows em- opinions, the employer must act con- 1059-65, 1204, 106-7, 1397-9, 1651-3), ployees to be dismissed for a cause which sistent with the medical opinions. and because of a reluctance to mandate is less than substantial. Where there is a difference between a periodic X-ray procedure as a diagnos- The proposal provided a procedure to the first and second medical opinions, tic technique where no established rela- be used if an adverse medical opinion, it is essential to provide a third determi- tionship between the procedure and ef- based on certain mandatory disqualify- native medical opinion in order to bal- fective treatment is clearly established. ing conditions, led to an employer’s de- ance the requirement for a mandatory Similarly, the chest X-ray is required termination to withdraw an employee medical examination with the employee’s only initially; whether to require it at the from further hyperbaric exposure. This corollary right to a thorough medical annual reexamination is left to the decision gave the employee the right to assessment of potentially disqualifying, discretion of the physician. obtain a second opinion from a physician limiting or restricting conditions. The The report written by the examining chosen by the employee. If the two medi- employer’s assignment shall be consis- physician has been modified from that cal opinions rendered were in disagree- tent with the third physician’s opinion. required by the proposal to include the ment, the proposal’s procedure would However, the employer and the em- overall results of the examination only, have required that a binding third opin- ployee are free to agree on an assign- rather than the test results, because they ion by a physician agreed upon by the ment which is consistent with any two would be difficult for the employer to de- first two physicians be obtained. This physicians’ opinions. All medical exami- cipher and revealing such results could procedure for the determination of med- nations are to be provided at the cost of perhaps be an infringement of'the em- ical fitness was endorsed by employee in- the employer. ployee’s privacy (Tr. 1764-6). In addi-. terests, who believe that it provided a The proposal’s list of disqualifying tion to the examination results, the re- necessary safeguard against unwar- conditions is now included in an appen- port must include the physician’s opinion ranted disqualification. On the other dix, entitled "example of conditions of the employee’s fitness to be exposed to hand, several objections to this proce- which may restrict or limit exposure to hyperbaric conditions, including any rec- dure were raised at the hearings. First, hyperbaric conditions” (Appendix A) ommended restrictions or limitations to it was said that it would result in the which is intended to be advisory in na- such exposure. The intent of this pro- employment or retention of divers who ture. The physician is alerted that the vision is that a medical condition should were marginally fit (Tr. 58-9, 1322-4, conditions listed may be restricting or b e disqualifying only to the extent 1698-1701; Ex. 178, p. 43). Second, it limiting depending on severity, presence dictated by sound medical judgment. For was argued that the employer, who bears of residual effects, response to therapy, example, the physician might recom- the ultimate responsibility and potential number of occurrences, and the diving mend that a diver with an ulcer could liability for diver safety, should not be mode, or degree and duration of Isola- dive without jeopardizing the individ- required to bear the cost and be bound tion. This is in accord with testimony ual’s or another dive team member’s by the opinion of a physician whom he (Tr. 76, 685-8, 1466). The conditions health or safety so long as the diver only has not consulted and in whom he may listed are essentially the same as those participates in shallow air diving in a place little confidence (Tr. 76, 1322-4, which appeared as mandatory disqual- harbor or lake, where medical aid is 1438,1642, 1675-6,16999, Ex. 178, p. 44). ifying conditions in the proposal. readily accessible and the diver’s de- Third, it was argued that the first exami- However, the appendix is not intend- compression obligation is minimal. On nation would often be conducted by the ed to be binding or exclusive, and the the other hand, a physician would prob- physician who knows the employee and absence of a particular condition from ably insist that a mixed-gas or saturation the particular diving and medical back- the list should not be construed to diver be in excellent medical condition ground better than any other physician, mean that the physician should rec-

FEDERAL REGISTER,* VOL. 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37659 ommend restriction or limitation for 1544), as well as testimony that this is planning called for in the standard a particular condition or inhibit the already industry practice (Tr. 1716-7). should include consideration of such fac- physician from recommending that a The category of “air transportation" has tors as depth and duration of dive, work particular physical condition not in- been replaced by "available means of load, anticipated bottom time, breathing cluded in the appendix should be cause transportation” in response to testimony equipment, and gas handling and recla- for prohibiting or limiting further hy- that air transportation may not always mation capability. perbaric exposure by the employee. The be the most appropriate means to trans- Consideration of thermal protection standard requires that the recommended port an injured diver to a medical treat- includes protective clothing and other restrictions or limitations be reasona- ment facility (Tr. 179). measures which may be necessary to keep bly related to the nature and extent of The requirement for first aid supplies the diver’s body temperature in relative exposure to hyperbaric conditions. approved by a physician at each dive thermal balance. Both hypothermia and 5. Safe practices manual 1910.420}. location is similar to the one in the pro- hyperthermia can be problems in diving. The requirement that the employer de- posal. When used in a decompression At the hearing, there was testimony that velop and maintain a safe practices man- chamber or bell, the if rst aid kit must be specific thermal protection requirements ual is similar to a comparable provision suitable for use under hyperbaric con- should be included in the standard (Tr. in the proposal. Testimony supported the ditions because certain items in a stand- 80, 140, 155, 739, 755; Comments R, Y; importance of such a document to oper- ard kit (e.g., bottles of liquids, mercury Ex. 154, p. 27). However, because of the ational diving safety (Tr. 134-5,178,196- thermometers, ammonia capsules) create complexity of this subject and the in- 97, 780-1), and indicated that it is gen- a hazard when subjected to high pressure definite state of the art, OSHA has de- eral industry practice to have one avail- use in a decompression chamber or bell termined that it is premature to regulate able (Tr. 178, 196-7, 604, 1718-9, 1769- (Tr. 1939, Ex. 178, p. 49). The require- further in this area because there is no 70). The requirement does reflect, ment that an American Red Cross stand- satisfactory way to specify what steps however, testimony which recommended ard first aid handbook or equivalent be must be taken to achieve the goal of that the manual would-be more manage- available is related to the level of first aid diver thermal balance in the widely vary- able and useful if made specific to the training required of dive team members, ing conditions which prevail in diving particular diving modes used by the em- who will be able to use this as a basic operations, other than to require that ployer (Tr. 1470,1499-1501,1729-30; Ex. and necessary reference source. The bag- thermal requirements be carefully con- 178, p. 46-7). The requirement is also type manual resuscitator with trans- sidered before each dive (Tr. 2067-30; more specific as to what topics the man- parent mask and tubing is specified be- Ex. 177,178, p. 68-9). ual must include and makes clear that cause such equipment would not always The repetitive dive designation or re- the purpose of the manual is to contain be included in a standard industrial first sidual inert gas status of dive team mem- the employer’s policies for implementing aid kit, but could be a life-saving aid in bers must be considered because each the requirements of the OSHA. standard. some breathing emergencies (Tr. 59). diver’s residual gas obligation affects se- For this reason, a copy of the standard Unlike other types of resuscitators, the lection of the proper decompression must be included in every safe practices bag-type manual resuscitator, without table (Tr. 105, 748-9,923-4,940-1,1109). manual. For each diving mode engaged oxygen flasks, minimizes the danger of Consideration of decompression pro- in, the employer’s manual shall include overpressurizing the lungs and the haz- cedures includes choosing a decompres- safety procedures and checklists for dic- ard associated with the use of oxygen in sion table suited to the depth and bottom ing operations, dive team assignments chambers (Ex. 178, p. 51). A transparent time, breathing mixture, work load, and and responsibilities, equipment proce- mask and tubing enables the operator to water temperature. Altitude corrections dures, and emergency procedures, with determine whether the passages are must be applied to decompression tables, appropriate checklists to he used to in- clear. if appropriate. It is also appropriate to spect equipment and brief employees be- The requirement for planning and as- review all appropriate emergency pro- fore and after each operation. The re- sessment of the diving operation derives cedures. . quired safe practices manual is to be dis- from the proposal’s "diving plan" re- The requirement for employee briefing tinguished from an employer’s opera- quirement. Task assessment and plan- follows directly from the task assess- tions manual in that the standard man- ning are closely related to the safety of a ment requirement and also derives from dates inclusion only of items and pro- dive and central to the role of the desig- the “diving plan" requirement of the cedures relating to safety and health, nated person-in-charge. From the stand- proposal To perform their work safely, and not to other company policies or point of safety and health, task assess- dive team members must be told in ad- business matters; an employer may, ment must include consideration of at vance by the designated person-in- however, combine operational and safe- least the factors listed in the standard. charge about the tasks to be undertaken, ty procedures in a single document. These factors are directly related to safety procedures for the diving mode, 6. Pre-dive procedures (§ 1910.421). other affirmative requirements of the unusual hazards or environmental con- This section -corresponds with, but is standard. ditions, as well as any modifications to generally a reordering and reworking of, Examples of surface and underwater the safe practices manual necessitated ' several sections of the proposal which conditions which may appropriately be by the specific diving operation. This is appeared under the “general operations evaluated include not only natural condi- currently a widespread practice within procedures” section of the proposal tions such as weather, water tempera- the Industry (Ex. 178, p. 62-3), and the (§ 1910.421) and were formerly desig- ture, current, and bottom conditions, but need for pre-dive instruction of the dive nated: (b) Emergency aid; (d) hazards surface conditions which may pose a haz- team was testified to at the hearings (Tr. to diving operations; (f) inspection of ard to the operation; they also include 138-9, 136). The dive team members tools, equipment and operational sys- underwater hazards such as mechancial must also be asked to disclose any cur- tems; (g) diving plan; (k) diving at alti- devices in the vicinity of the dive which rent problems affecting physical fitness tude; (1) thermal exposure; (n) under- are capable of creating strong water cur- and be told the procedures for reporting water hazardous conditions; (o) warn- rents, or high intensity sonar, or electric physical problems or adverse physio- ing display; and (s) positioning. It con- fields created by cathodic protection. Al- logical effects during the dive. That af- tains those provisions of general appli- though it is recognized that it may not firmative requirement follows from the cability, i.e., not specific to a particular always be possible to shut such devices requirement concerning temporary im- -diving mode, which must be considered off completely (Tr. 674-9; Comment pairments or conditions in the personnel and complied with before the diver en- GG), evaluation should include consid- section of the standard. In response to ters the water. eration of appropriate precautions which other testimony, however, it is considered The emergency aid requirement of the can be taken to inactivate the device or unnecessary and impractical to require standard is essentially the same as the otherwise minimize or avoid the hazard. that the briefing always be in writing one in the proposal There was broad The one resource essential to any diver (Tr. 1439-40, 1499-5101, 1735-7, 1749, support at the hearing for the need to on any dive is air or other breathing gas. 1967-8; Comment R). Rather, an oral maintain a list of sources of emergency Both the proposal and the standard re- briefing is considered sufficient to satisfy aid at the dive location (Tr. 135, 904-6, quire a reserve breathing gas supply; the the goal served by this requirement, and

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37660 RULES AND REGULATIONS may in fact be preferable to a written be examples of such activities. In re- might be required to help a tender assist dive plan in many cases because of the sponse to testimony, the requirement has a disabled diver into a bell. greater opportunity afforded for group been' modified to require coordination The requirement for an operational discussion, coordination, and inter- only with those activities in the vicinity two-way voice communication system change. In conjuction with this require- which are “likely” to interfere with the between each surface-supplied air or ment, the safe practices manual which diving operation, and not with all op- mixed-gas diver and a dive team mem- is a written document and generally ap- erations that “may” interfere; the warn- ber at the dive location or bell (when plicable to all diving operations is to be ing display should be sufficient notice to provided or required) is essentially the available to dive team members at the such other activities to stay clear of the same as the proposal’s requirement for dive location. diving operation (Tr. 2037-8). communication between the diver and The equipment inspection requirement 7. Procedures during dive (§ 1910.422). the tender, which was broadly supported prior to each dive derives from a com- The requirements in this section relate at the hearings (Tr. 135, 141, 622, 719, parable provision in the proposal and re- primarily to procedures which must be 783, 200, 1739-40). The requirement for lates directly to the equipment checklist followed between the time the diver en- two-way voice communication between requirement in the safe practices man- ters and the time the diver leaves the the bell and the dive location is also a ual, which was the subject of testimony water. particular application of the proposal’s (Tr. 138, 180-1). It specifies that the The requirements for water entry and requirement and equally necessary to breathing supply system including re- exit are similar to that of the proposal, the safety of the operation. Pull signals serve breathing gas supplies, masks, hel- although a greater measure of specificity are not considered an adequate substitute mets, thermal protection, and bell han- has been introduced by requiring that the for voice communication; the only ex- dling mechanism (when appropriate) be means provided be “capable of support- ception to this rule is SCUBA diving, inspected prior to each diving operation. ing the diver” and that they "extend be- where reliable voice communications are Items singled out for pre-dive equipment low the water surface” when the diver not generally an available or technologi- inspection are those which are critical is exiting (Tr. 739-41, 927,1927). In con- cally feasible alternative (Tr. 783). The for the safety of the dive operation; junction with this modification the requirement for operational two-way however, this list is not intended to be all proposal’s provision on “positioning” communications at the dive location to inclusive. It is expected that the items (formerly § 1910.421 (s)) has been de- obtain emergency assistance is es- of equipment included in the check list leted since the concept of a stable work sentially the same as that which ap- which require visual inspection will vary platform is embodied to a great extent peared in the "emergency aid" require- depending on mode and individual com- in the final standard’s requirement for a ment of the proposal. The need for this pany policies. An issue was raised at the means of entry and exit which is capable requirement was supported in the hear- hearings concerning employer-provided of supporting the diver. In some situa- ing record (Tr. 135, 720) and is in con- versus employee-owned, equipment and tions, depending on sea state and other sonance with an existing Coast Guard whether the diver or designated person- factors, a diver’s entry into and exit from requirement for vessels (Tr. 622, 720). in-charge should be responsible for the the water can be extremely hazardous, The requirements that appropriate required pre-dive equipment inspection as evidenced from the hearing record decompression tables be at the dive loca- (Tr. 138, 181, 1127-9, 1394, 1734-5, 1798- - (Tr. 849, 2203). Recommendations in- tion and a depth-time profile be made 9, 2193; Ex. 178, p. 60-2). However, the eluded requiring an open-bottom bell for each diver and maintained for the standard’s inspection requirement recog- (Tr. 849) or a stage for all mixed-gas div- duration of the dive are basically the nizes no such distinction. The employer ing (Tr. 740). There was also testimony same requirements as those which ap- is responsible for overall compliance and that the British require a skip, stage, or peared in the proposal’s “pressure ves- a designated person is in charge of each basket which is incapable of turning over sel for human occupancy (PVHO)” and diving operation; how particular func- (Tr. 2203). However, because there are “employer’s record of dives” provisions. tions required by this standard are ap- a large number of possible alternatives The tables are necessary to decompress portioned or delegated is the employer’s for different operations under a variety the diver within prescribed limits or to responsibility, so long as the perform- of circumstances, precise means have not assure that the diver remains within the ance required by the standard is met. been specified (Ex. 178). As written, the no-decompression limits. Maintaining a The standard requires the internation- requirement permits discretion, depend- record of the dive profile, including any al code flag “A” to be displayed at the ing on sea state, diver dress, stress or breathing gas changes, enables the dive location on structures other than fatigue; or any other factor which might designated person-in-charge or the dive vessels which are situated in areas which affect the driver’s ability to enter or team member managing the decompres- support marine traffic. As of July 15, exit the water safely, so long as the sion to determine if the diver is staying 1977, a similar warning display require- means provided are capable of support- within the no-decompression limits, or ment applies to all diving operations sup- ing the diver. Such means might range is being decompressed or compressed in ported from vessels, pursuant to Con- from a stable work platform in the case accordance with the planned decompres- gressional ratification of the “Interna- of a SCUBA diver in calm water, to a sion table (Tr. 1546-9). The proposal’s tional Regulations for Preventing ladder for a diver in a lightweight diving requirement for automatic recording of Collisions at Sea 1972, Rule 27.” The outfit, or a stage and winch for a diver time and depth for dives deeper than further requirement that the warning in heavy gear who may be carrying sev- 190 fsw and for all mixed-gas dives has display be illuminated at night is re- eral hundred pounds of suit and equip- been deleted because testimony indicated sponsive to testimony (Tr. 215-7; Com- ment and has greatly limited mobility. that automatic recorders were unreliable ment N). Other warning displays such The latter situation relates closely to the for field use (Tr. 194,1361-2,1942-4; Ex. as the American dive flag may still be standard’s requirement for an inwater 178, p. 75), cannot be used to calculate a flown, but not in lieu of the interna- stage for heavy-gear diving as well as diver’s decompression obligation (Tr. tional code flag “A”. for mixed-gas diving, discussed below. 1476-8, 1547; Ex. 178, p. 75), and would The requirement that diving opera- Similarly, the provision requiring that not increase the diver’s safety (Tr. 653, tions be coordinated with other activities the means for exiting the water extend 1547, 1760-1; Ex. 178, p. 75). Therefore, in the vicinity which are likely to inter- below the water is a recognition that the required information may be fere with the diving operation corre- divers are often fatigued at the comple- recorded by whatever means and in sponds to the “hazards to diving opera- tion of a dive (Tr. 927). This fact, com- whatever form the employer deems ap- tions” requirement of the proposal, which bined with the weight they carry, neces- propriate so long as the dive profile is was generally supported in the hearings sitates that whatever means are provided maintained accurately. (Tr. 136, 1733). The purpose of such be easily accessible to the diver upon The requirements for hand-held coordination is to make appropriate ar- surfacing. This is even more critical in power tools are similar to those in the rangements to minimize hazards to the the case of an injured diver, for whom, proposal. Requiring that hand-hold dive team. Nearby blasting, movement of the standard, like the proposal, requires electrical tools and equipment be de- surface vessels, or movement of mate- a means to be provided for assistance energized before being placed into or rials directly over the dive location would from the water; for example, a hoist retrieved from the water is a good safety

FEDERAL REGISTER, VOL. 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37661 precaution against shock because a diver age from DC rectifiers) is physiologically available in heavy-gear dress are suffi- in the water is immersed in a conductive more hazardous than DC. However, testi- cient for only 3-5 minutes depending on medium which diverts stray currents; mony indicated that DC rectifiers and depth, it is imperative that the diver when a tool is held out of the water by AC machines have been widely and stop work immediately and seek refuge a partially immersed diver, the only path safely used in underwater welding (Tr. or another source of breathing gas. Sim- for leakage current is through the diver’s 2044-9, Ex. 138,178, p. 94-5). Post-hear- ilarly, when the dive-location reserve body (Ex. 178, p. 92). The requirement ing comments recommended that this supply is reduced to a level which will for a constant pressure switch or con- issue should be investigated further be- only support the divers during decom- trol on the tool has been deleted in ac- cause the Marine Board is at present re- pression, the working interval must cease cordance with testimony (Ex. 178, p. 92). considering the matter (Ex. 46F; Com- and the diver must begin decompression. It is not always necessary that these tools ment R). OSHA has, therefore, deter- 8. Post-dive procedures (§ 1910.423). be controlled from the dive location. mined that it would be premature to This section is concerned with procedures There is a requirement however, that if prohibit the use of alternating current which must be followed after the comple- power is supplied from the dive location, and rectified direct current for under- tion of a dive. The requirement concern- the tools not be energized until the diver water welding at this time. ing post-dive precautions is similar in requests that they be turned on. This The explosives requirements are simi- most respects to that of the proposal. The provision assures that these tools or lar to those in the proposal. No serious steps to be taken must include checking equipment will not be supplied with issues were raised concerning this sec- the diver’s physical condition and watch- power when it is not wanted or the diver tion and consequently little testimony ing for signs and symptoms of decom- is not ready. was presented on the subject. There was pression sickness. This requirement ap- The welding and burning requirements general testimony, however, concerning plies to all divers because of tesimony are similar to those that appeared in the hazardous nature' of underwater that there may be sufficient inert gas in the proposal. The requirement for a cur- demolition and the need for skill and the tissues of a no-decompression diver rent supply switch to interrupt the cur- knowledge in handling explosives (Tr. to warrant post-dive surveillance (Tr. rent flow to the welding or burning elec- 903-4). The requirements of this section 322). After completion of a decompres- trode is necessary to control the power are addressed to the need for proper sion dive, the diver must also be in- supplied to the welding equipment (Tr. handling, storage, and use of explosives structed to report any physical problems 933). The tending requirement is in- and the hazard of premature detonation or adverse physiological effects, including tended to enable the tender or person- when the diver is still in a position of symptoms of decompression sickness. in-charge to operate the equipment and risk. Similarly, the diver must be advised of oversee the operation at all times: voice The requirement concerning the term- the location of an available decompres- communication is essential to operations ination of dives brings together several sion chamber. Decompression sickness of this type because of the need for co- concepts which were explicit or implicit symptoms may not be apparent until sev- ordination between the power supply at in the proposal. Termination refers only eral hours after the dive, at which time the dive location and the diver working to the working interval of the dive; de- the dive team may no longer be at the underwater (Ex. 12B, p. 66, 232). The compression procedures should not be dive location. In such a situation, the switch has to .be in the open position omitted if this practice would add greatly diver should know exactly what to do to except during the actual welding so that to the diver’s overall physical risk. Ter- obtain proper treatment. Instruction on power is not supplied to the welding or mination of a dive at the diver’s request the hazards of flying after decompression burning equipment at other times. The diving derives from the proposal and grounding requirement comes from the restates the proposal's prohibition testimony in support of the provision (Tr. proposal and serves to protect against against making a diver dive unwillingly 906, 1208, 1737), although omission of a the hazard of shock to the diver (Ex. (Tr. 137,2107-8); it is presumed that the time or altitude limitation reflects evi- 12B p. 66, 232). The requirements for diver would only request termination in dence that the state of the art in this proper insulation and for equipment ca- the event of serious difficulty. If a diver area is not sufficiently developed to pre- pable of carrying the maximum current fails to respond correctly to communica- scribe specific restrictions (Tr. 322, are also addressed to the shock hazard tions or signals, the dive should be ter- 1323, Ex. 178, p. 76-8). In addition, for (Tr. 919, 1743-4, 2019; Ex. 12B, p. 66, minated because of the likelihood that those dives which require the presence of 231-2). Testimony supported the safety something is wrong with the diver, who a decompression chamber, the diver must benefits of insulated gloves but it was may be unconscious, out of breathing be instructed to remain awake and in the also pointed out that employers cannot gas, or otherwise disabled (Tr. 844-7, vicinity of the chamber for at least one ensure that the diver underwater will 853). Requiring that the working interval hour after the dive including decompres- wear them (Tr. 1745,2018). The venting, be terminated when communications are sion or, if appropriate, treatment (Tr. flooding, or purging requirement derives lost between the diver and a dive team 1101, 1472-3). These requirements are from the proposal and is directed to the member at the dive location or bell (ei- comparable to similar provisions in the possibility of explosion in enclosed ther voice or line pull, as appropriate) is proposal, and reflect a recognition that spaces containing flammable vapors or a corollary to the standard's two-way delayed decompression effects can occur, where such vapors may be generated by communication requirement, which re- and that sleep may conceal the onset of the application of hot-work and ignited quires such communication during the symptoms of decompression sickness. (Tr. 2019; Ex. 154, p. 24; Ex. 178, p. dive. Communication is essential to sup- The requirements for decompression 93-4). There have been serious accidents porting the diver safely. Because of the chambers derives from the pressure ves- caused by explosives of this nature (Ex. high potential for hazards to the diver in sel for human occupancy (PVHO) sec- 44B). Closed compartments, structures' liveboating operations, a similar termi- tion of the proposal. The acronym PVHO and pipelines already under flow, as in nation provision is included when com- is a general term encompassing any pres- hot tapping operations, are flooded by munication is lost between the designated sure vessel designed to be occupied by a definition .and therefore meet this person-in-charge and "the person con- human being. Because of the potential requirement. trolling the vessel in these operations. confusion in using a term which is cur- The issue of whether or not the stand- Finally, the dive must be terminated rently not used in the industry, “PVHO” ard should prohibit the use of alternate when the diver begins to use the diver- has been omitted from the standard (Tr. current (AC) welding machines and di- carried reserve or when the dive-location 1485-6; Ex. 178, p 64). Pressure vessels rect current (DC) rectifiers in under- rseerve breathing gas supply is reduced for human occupany other than decom- water welding was raised at the hear- to an amount sufficient only to supply the pression chambers (e.g., closed bells and ings. The NIOSH document (Ex. 12B, p. divers during decompression. This follows personnel transfer capsules) are not spe- 231) and the National Academy of Sci- from the proposal's reserve breathing cifically addressed in this standard ex- ences Marine Board Report, entitled gas supply requirements. Because the cept in respect to their recompression Underwater Electrical Safety Practices, diver-carrier reserve (bail-out bottle), capability. As defined in the standard, the recommend prohibition of these ma- the manual air reserve valve (J valve) of term decompression chamber is used to chines because AC current (or AC leak- a SCUBA cylinder and the reserve supply mean any pressure vessel, whether deck

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37662 RULES AND REGULATIONS .

chamber or bell/deep diving system, used limit to the decompression chamber re- of the proposal, but has been made man- for the purpose of treatment. quirement, the standard sets a specified datory in response to testimony that all The standard requires a decompres- depth at which all diving operations will surface decompression and treatment sion chamber to be ready for use at the require a chamber, eliminating the safety tables in existence today are designed to dive location for any dive which is out- hazard inherent in operations which are use oxygen as an internal part of the de- side the no-decompression limits or planned below that depth to no-decom- compression or treatment process (Tr. deeper than 100 fsw. Throughout the pression limits without an on-site cham- 181, 1069, 1073, 1272; Ex. 178, p. 110). standard, the no-decompression limits ber, but which exceed those limits when The requirement for voice communica- and 100 fsw are used as a dividing line the job is actually carried out (Ex. 178, tion between chamber occupants and for the imposition of certain require- p. 65). While it is difficult for a single support personnel allows monitoring of ments which are made mandatory only rule to take into account all conditions a diver undergoing decompression or outside these limits. For instance, the where a decompression chamber might treatment, and is identical to the pro- requirements concerning standby divers be needed, OSHA believes that this pro- posal’s requirement. A viewport is es- and diver-carried reserves,' as well as the vision will result in recompression capa- sential so that chamber occupants can requirements for a decompression cham- bility being available for the great ma- be observed when in the chamber; this ber, are based on these limits. This tier- jority of diving situations where the provision also appeared in the proposal. ing of the standard reflects a determina- probability of its being needed is greatest The requirement that the chambers tion that there is an increasing level of Most, if not all, decompression cham- be capable of illumination to permit hazard associated with dives outside bers, currently used in the field should observation of occupants and essential . these limits. Decompression dives are already meet the 6 ATA requirement equipment is basic to the operation and deeper or longer than no-decompression (Tr. 193). The requirement for a sur- tending of the chamber and its occupants dives, and they subject the diver to face treatment capability to the maxi- from the outside (Tr. 1700, 1069). greater exposure times and increase the mum depth of the dive for dives exceed- The requirement that treatment tables, likelihood of diver fatigue and decom- ing 300 fsw can be met by a large- oxygen or other treatment gas, and pression sickness. These dives may also capacity deck decompression chamber, sufficient breathing gas to pressurize the involve greater operational complexity. or a closed bell equipped for treatment, chamber during treatment be present There is also a relationship between or a closed bell capable of mating with when treatment is conducted reflects the depth and increasing hazard. The diver the chamber under pressure. A pressure need to treat divers with pressure-related is more frequently exposed to colder capability of 6 ATA is sufficient for most illnesses or Injuries and is based on water on deep dives, and is constantly decompression sickness treatment, but testimony that proper and prompt treat- subjected to the added risks of greater recompression capability to the depth of ment must be available to divers under pressure and pressure changes. All of the dive is necessary for very deep dives such circumstances (Tr. 199, 1073, Ex. these factors contribute to the increased because of the possibility of having to 178, p. 110). The requirement that a dive stress associated with depth. recompress a deep mixed-gas diver to team member be available to operate the OSHA recognizes that decompression the depth of the dive to carry out effec- chamber for one hour after a dive derives chambers involve relatively significant tive treatment (Tr. 192-3). If a bell or from the proposal’s requirement that a cost outlays and are sometimes cumber- deep diving system is used as a decom- chamber operator be available to operate some to transport, but their importance pression chamber, it must meet the the chamber and that divers should re- to diver safety is clear (Tr. 809, 817, other requirements for decompression main in the vicinity of a chamber for one 1272). Decompression chambers serve chambers as well. hour after completion of a dive. This two primary functions. First they provide The treatment chamber must be dual- provision reflects the fact that decom- the only effective therapy—recompres- lock (two compartments) so that sup- pression sickness may occur within ap- sion—for decompression sickness and plies and personnel may be transferred proximately an hour of surfacing; a embolism. Second, decompression cham- into and out of the main compartment chamber without a qualified operator (Tr. 950-1). Multiplace means that at would be of no help to a diver needing bers are used for surface decompression, least the main compartment must be to reduce the amount of time the diver treatment and could itself pose a hazard large enough to accommodate and de- (Tr. 1077-8). . must be exposed underwater (Tr. 1272). compress two persons (a diver and an Testimony on the issue of when to re- attendant) simultaneously (Ex. 178, p. The requirement to maintain a record quire a decompression chamber resulted 66). The requirement that the chamber of dives is similar to the one in the pro- in a number of alternative suggestions be located within 5 minutes of the dive posal. The hearing record indicates that (Tr. 61, 181, 229-30, 239-40, 314-15, 397, location is in consonance with the pro- keeping dive records is industry practice 433, 598, 608-9, 720, 737, 747-8, 927-8, posal’s requirement that the chamber be (Tr. 794-5, 801, 1549, 1575) and supports 969, 1645, 1941; Ex. 144, 145, 147, 154, “ready for use” and was supported in the need for accurate dive records (Tr. p. 26 178, p. 65 Comment A). These testimony (Tr. 738, 1091). The require- 1546-7). The main difference between ranged from a statement recognizing ment that the chamber be located with- this requirement and the proposal’s is that a decompression chamber could be in 5 minutes of the dive location is that certain items of information are useful on all dive sites regardless of depth necessary because the surface decom- required to be kept for all dives, and or conditions (Tr. 229), to a recommen- pression tables are commonly designed other information must be kept only for dation that it be required at 132 fsw if to be used with equipment which meets dives which are outside the no-decom- more than 30 minutes of ascent time is this criterion (Tr. 193). pression limits, deeper than 100 fsw or involved in the dive (Tr. 315). Other The requirement for a pressure gauge involve mixed gas, and others must be testimony supported the concept of a for each compartment capable of being kept only for dives in which decompres- combination of time and depth as a de- pressurized follows from the dual-lock sion sickness is suspected or its symptoms terminant for decompression chamber requirement and also derives from the evidenced. Dive records are particularly availability (Tr. 61). Other specific depth gauge requirement of the propos- relevant to accident reconstruction, depth-time combination recommenda- al; it is comparable to the requirement determining individual diver sensitivities, tions included from any mixed gas dive, that a depth gauge be used for each dive. and for making necessary operational or dive deeper than 66 fsw decompression A separate pressure gauge for each com- adjustments in decompression proce- dive (Ex. 12B, p. 70), to 60 or 70 fsw and partment is essential for dual-lock dures. The recordkeeping requirement any decompression dive (Tr. 1941,1972), chambers to control pressure in each of for shallow water dives has been reduced, to 120 fsw (Tr. 720). By setting a depth two chambers if two divers are being as recommended by evidence in the limit of 100 fsw in addition to the no- treated in different locks, or if personnel record (Comments A, B). In addition, decompression/decompression cut-off, have been transferred from outside and the details of underwater and surface OSHA has attempted to weigh the con- must be brought to the pressure of the conditions have been modified and need flicting evidence and has chosen the inner lock (Tr. 170, 1069; Ex. 12B, 42, only be approximate (Tr. 1757-8; Ex. limit which had the widest support in the 178; Comment N). 178 p. 73-4). The breathing gas profile record (tr. 68,181, 230, 608, 968; Ex. 154, The built-in-breathing-system re- and the residual inert gas obligation of . p. 26; Comment V). By adding a depth quirement derives from the same section each diver at the beginning of the dive,

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37663 in addition to the depth-time profile has gained, OSHA will seek to have the data sible risk of temporary entrapment or been included in the list of required in- reviewed and endeavor to reevaluate its disorientation is high (ETS Ex. 6, formation for dives deeper than 100 fsw, regulatory approach in this area of con- I-4-17; Ex. 62). outside the no-decompression limits, or cern. The procedures required for SCUBA using mixed gas to provide a complete The decompression procedure assess- diving include a standby diver available record of the essential dive information ment section is designed to aid employers at the dive location while a diver is in (Tr. 1562). The approach which the in the evaluation of the field perform- the water. The purpose of a standby diver standard takes toward reducing the in- ance of their decompression procedures is to be ready to aid a diver who needs cidence of decompression sickness is (Tr. 311, 305). It is believed that such assistance in the water. This requirement based on assessment of the past perform- evaluation will lower the incidence of for the SCUBA mode is based on a rec- ance of tables and procedures, and this occupational hazard, regardless of ommendation made by the diving con- consequently relies on the availability of diving mode or current incidence, by tractors, who testified that SCUBA div- records such as these. eliminating or modifying those tables ing is generally not as safe as surface- Employers are required to keep accu- whose performance is not adequate and supplied air diving, and that requiring a rate records of those decompression dives by revealing other procedures or condi- standby is an appropriate means of re- in which decompression sickness is sus- tions which may be causing decompres- ducing the hazards associated with this pected or symptoms are evidenced. These sion sickness (Tr. 307). OSHA antici- mode (Ex. 178, p.81). records are to include the depth and time pates that this requirement will result The requirement that the diver be sup- of onset and description of decompres- in continuing improvement in decom- ported by either a diver in the water in sion sickness symptoms, and the descrip- pression tables and procedures so that continuous visual contact or a dive team tion and results of treatment. Many com- divers in the field can be protected to the extent possible from the hazard of member line-tending from, the surface panies already keep such records (Tr. derives from the proposal’s exception to . 1545-8, 1560-2) and the offshore diving decompression sickness. the communications requirement for industry where the impact of this provi- 9. SCUBA Diving (§1910.424). The limits for SCUBA divings reflect testi- “buddy diving” in the SCUBA mode, and sion is likely to be greatest generally is a clarification of the intent of that recommends such a recordkeeping pro- mony as to industry practice and proce- dure (Tr. 60-1, 779, 796-7, 851-2; Ex. provision. While line-tending the SCUBA gram (Ex. 178, p. 74-5). This requirement diver from the dive location is considered is in addition to the required investiga- 154, p. 30, 178, p. 80-1), and NIOSH and Navy recommendations (ETS Ex. 6, preferable to buddy diving (Tr. 1391-2), tion, evaluation and appropriate correc- it is recognized that the latter is an ac- tive action required in the decompression I—4—9, Ex. 12B, p. 79-82). Because the SCUBA diver has a limited breathing cepted practice and is relatively safe in procedure Assessment section. clear and calm waters, such as should The standard’s requirements for de- supply, does not generally have voice compression procedure assessment reflect communication, and is often not mon- prevail when there are currents less than the testimony and comments received itored or controlled by surface support 1 knot. The “in continuous visual con- in connection with the proposal’s “de- personnel, more stringent limits than tact" restriction has been added because ' compression table assessment section. those for surface-supplied air diving are the safety advantage of having two div- The evidence presented by experts in considered appropriate to this mode (Tr. ers in the water tending each other the field of decompression indicated that 1391, 1408). These factors have caused (buddy diving) is lost if this condition is the present state of decompression table OSHA to limit commercial open-circuit not fulfilled; without visibility, divers development, performance, and verifica- SCUBA diving operations to depths shal- cannot tend each other adequately (Tr. tion is not sufficiently advanced to war- lower than 130 fsw. Although some testi- 796). rant inclusion of specific numerical field mony was presented to OSHA recom- Stationing a diver at the underwater performance criteria of the type which mending an extension of the SCUBA point of entry to an enclosed or confining appeared in the proposal (Tr. 300-303). depth limitation for divers using self- space was a requirement of the proposal However, the record does support a pro- propulsion devices (Tr. 60; Ex. 154, p. 31, which was endorsed as industry practice gram of recordkeeping, investigation and 178, p. 81), OSHA believes that the in- In testimony, and is necessary because of evaluation of each incident of decom- creased risks associated with the greater the Increased danger of entanglement pression sickness, with corrective action depths and a severely limited breathing or disorientation when diving in such to be taken, after evaluation of the in- gas supply do not justify this extension, circumstances (Tr. 140, 791, 822). The cident, to reduce the probability of recur- particularly since most tasks can be more diver at the point of entry is required in rence of decompression sickness (Tr. 321, safely accomplished using other diving addition to any standby diver at the dive 886-7, Ex. 178, p. 89-91) ., The factors to modes. location. Because of the configuration be considered in the required investiga- The standard requires a decompres- of many underwater structures, the diver tion are the relevant information con- sion chamber ready for use at depths in a physically confining space must be tained in the dive record, including such deeper than 100 fsw or outside the no- able to rely on immediate assistance in factors as work, temperature, diver’s decompression limits. No distinction be- an emergency, particularly since in very repetitive status, consideration of the tween SCUBA and surface-supplied div- narrow spaces, such a diver may not be past performance history of the decom- ing is made in this regard; and the able to carry an independent reserve pression table in question, and the indi- reasons for the requirement are the breathing supply. This is a particularly . vidual susceptibility of the diver, since same. important requirement for line-tended these would be necessary to any inves- Untethered SCUBA diving, i.e.. where SCUBA diving in such circumstances tigation to determine what corrective the diver is not line-tended from the dive because of the limited air supply. action would be appropriate. The ad- location, has been prohibited against The requirement that a diver-carried vantage of this approach compared to currents greater than 1 knot, because reserve breathing gas supply with either the criteria method of the proposal is divers in such situations must exert con- a manual reserve (J valve) or an inde- that this approach requires every inci- siderable effort to swim upstream, and pendent reserve cylinder be provided for dent of decompression sickness to be the risk of disorientation and running each diver allows alternative means of assessed without waiting for the number out of breathing gas is a distinct hazard carrying a reserve breathing gas supply of incidents to exceed a prescribed nu- (Tr. 1391, 1408; ETS Ex. 6, I-4-9; Ex. when diving in the SCUBA mode, such a merical ceiling (Tr. 309, 327). Because 12B, p. 79-82). This requirement does supply is essential to the safety of the the performance criteria concept has not preclude work swimming with, rather SCUBA diver (Ex. 178, p. 81). Requiring been deleted, the need for a decompres- than against, the current. Similarly, the that the manual reserve valve or supply sion assessment advisory committee, an requirement that a SCUBA diver not be valve on the independent reserve cylin- idea which was explored by the panel allowed to perform work in enclosed and of expert witnesses at the hearings (Tr. physically confining spaces unless line- der be in the closed position prior to 328, 341), is not being pursued by OSHA tended has been included because of the each dive is a safety precaution to as- at this. time. However, after sufficient ex- danger of the diver’s exhausting the sure that the air reserve wilt not be perience with the standard’s decompres- breathing gas supply before reaching the depleted inadvertently during the dive sion assessment provision has been surface in circumstances where the pos- (ETS Ex. 6-5-1; Ex. 12B, p. 141).

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37664 RULES AND REGULATIONS 10. Surface-supplied air diving Because of the generally greater haz- The requirements for an extra breath- (§ 1910.425). The surface-supplied air ards and complexity associated with ing gas hose capable of supplying breath- diving limits are the same as those which deeper or longer dives, the standard ing gas to the diver in the water and appeared in the proposal; they were gen- specifies that one member of the dive available to the standby diver at the dive erally supported by testimony (Tr. 142, team shall tend each diver in the water location when heavy gear is worn for 689-92; Ex. 178, p. 82). Beyond these for dives deeper than 100 fsw or outside dives deeper than 109 fsw or outside the limits air diving is considered unsafe the no-decompression limits, because no-decompression limits is important because of nitrogen narcosis. the safety of the diver could easily be because the established way to rescue the The standard requires that a decom- compromised if the tender were also re- diver whose breathing gas supply has pression chamber be available and ready sponsible for tending a second diver. been lost is by sending a standby diver for use at the dive location for any - This provision is supported by testimony with a spare hose which is either at- surface-supplied air dive outside the no- (Tr. 925; Ex. 154, p. 24). tached to a secondary supply or contains decompression limits or deeper than 100 The requirement for a standby diver an emergency air reserve. To be effective, fsw; the reasons for such a requirement for all dives deeper than 100 fsw and the standby dive must also have the nec- are the same as those discussed in con- outside the no-decompression limits is essary tools to attach the spare hose (Tr. nection with the requirement for recom- similar to the proposal’s. The inclusion 868; Ex. 12B, p. 84). Similarly, an inwa- pression capability. The standard also of a depth factor in this provision is an- ' ter stage is provided for heavy-gear div- requires the use of a bell for any dive other recognition by OSHA of the in- ing outside these diving limits. This will with an inwater decompression time creasing hazard associated with increas- limit the fatigue to which a heavy-gear greater than 120 minutes, except when ing depth. Testimony indicated that this diver is subject by providing a place when heavy gear is worn or diving is conducted practice is essential to diver safety. (Tr. the diver can rest and from which a re- in physically confining spaces. The 120 610, 720, 929). ' serve breathing gas supply may be sus- minute limit for bell diving, which ap- The requirement for a diver-carried pended (Tr. 157, 190-1, 850). peared in the proposal, is now specified reserve breathing gas supply for surface- 11. Mixed-gas diving (§1910.426). as “inwater” decompression time be- supplied air dives deeper than 100 fsw Mixed gas must be used as the breathing cause it is time actually spent in the or outside the no-decompression limits gas for any dive which exceeds the depth water which most affects the diver (Tr. derives from a comparable section in and bottom time limits for surfaced-sup- 1574, 1952; Ex. 154, p. 31, 178, p. 83). the proposal and has been amended to plied air diving. This requirement is un- The exceptions to the bell requirements accord with testimony recommending changed from the one in the proposal, have been modified to, conform with tes- that greater specificity in this require- and the need for mixed gas at least at . timony in the record. Heavy-gear diving ment would increase diver safety (Tr. these limits is generally recognized. with an inwater decompression time in 80, 141, 157; Comment R). A diver-car- A decompression chamber is required excess of 120 minutes is permitted with- ried reserve breathing gas supply is also for all mixed-gas dives because of the out a bell because this type of gear required if a diver is prevented by the greater likelihood of decompression sick- affords the diver relatively greater pro- configuration of the dive area from di- ness associated with this diving mode tection (ETS Ex. 6, I-6-1), and is too rectly reaching the surface, because of (Tr. 283-4; Ex. 12B, p. 70, 238). In ad- cumbersome to be used safely in con- the greater risk of diver entrapment (Tr. dition, diving bells are required for such junction with an open-bottom bell. This 1927; Ex. 154). The diver-carried re- diving below 220 fsw or if the inwater de- modification accords with the NIOSH serve required by the standard must be compression time exceeds 120 minutes, recommendation (Ex. 12B, p. 82, 256) sufficient under standard operating end closed bells are required below 300 and with testimony (Tr. 157, 190-1, conditions to allow the diver to reach the fsw, with exceptions made when heavy 1969, 1978). Second, the proposal’s ex- surface or another source of breathing gear is worn in the 220-300 fsw and the ception for “structurally enclosed dives” gas, or to be reached by a standby diver. over 120 minute inwater decomprcs- has been reworded as "physically con- Heavy-gear diving is exempted from sion ranges, and for diving in physically fining spaces” to make it clear that the these provisions, because the gear itself confining spaces. The basic depth limits -exception relates to any space whose carries its own reserve. There is also an for mixed-gas diving with a bell ap- configuration is such that use of the bell exemption where the physical space of peared in the proposal, and are sup- is hazardous because of the likelihood of the dive area is such that a reserve sup- ported in the record (Ex. 154, p. 31). entanglement, or infeasible because of ply cannot be carried safely. There was also testimony that bells al- the smallness of the space (Tr. 646, 1298, The requirement for a dive-location ways enhance job safety (Tr. 695) and • 1951; Ex. 178, p. 83). An example of reserve breathing gas supply at depths some suggestion that bells should be- such a situation would be inspection or deeper than 100 fsw or outside the no- come mandatory at depths as shallow work inside the structure of an offshore decompression limits derives from the as 165 fsw, as is required in Great Brit- platform. No depth requirements are reserve breathing gas supply section of ain (ETS Ex. 7); but contrary testimony established for the use of a closed bell the proposal. The supply is intended to urged a limit of 350 fsw (Comment EE). in surface-supplied air diving, because function as a surface reserve supply. While the Association of Diving Con- such diving is not permitted at the That this reserve system must be suffi- tractors manual parallels the bell limits depths at which the standard requires cient to support the divers during de- provision in many respects, the depth- closed bells to be used. The depth limits . compression follows from the fact that time combinations of the manual would for closed bells are therefore discussed the working interval of the dive must be on occasion lead to different results (Tr. in connection with mixed-gas_ diving. terminated as soon as the dive-location 1761, 1713-14; ETS Ex. 4). Testimony The requirement for each diver to be reserve is reduced to the amount needed in the record, however, was more con- continuously tended while in the water to decompress any divers adequately. cerned with discussing what appropriate is a basic safety practice for surface- The working interval of a dive may con- exceptions to the bell requirements supplied air diving. The requirement for tinue, however, if this reserve is itself should be rather than taking issue with a diver to be stationed at the under- supplemented by an additional reserve the prescribed depth limits (Ex. 178, p. water, point of entry of an enclosed or supply. This requirement interrelates 82-3). As in surface-supplied air diving, physically confining space is included with the requirement for a diver-carried exceptions are made for heavy-gear div- for the same reasons as stated in the reserve sufficient to get the diver to a ing and diving conducted in physically discussion of SCUBA diving. The re- bell or other underwater place of refuge confining spaces. The exception for quirements that there be a primary (which would have to be supplied by the heavy-gear diving does not extend deeper breathing gas supply recognizes the dive-location system), the surface (where than 300 fsw because the hazards asso- most essential component of surface- the diver may need a decompression ciated with such depths are not offset supplied air diving. The system which by the relatively greater safety advan- chamber supplied by the dive-location tages of heavy gear. provides air to the surface-supplied system), or to support the diver while diver must have the capability to sup- It should be noted that the standard port all divers for the duration of the awaiting a standby diver (who must be does not Include the section from the planned dive including decompression. supplied by the dive-location system) proposal on limits for oxygon partial (Ex. 12B, p. 36, 160). (Ex. 12B, p. 84,259). . pressures, long-duration oxygen expo-

FEDERAL REGISTER, VOL. 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37665 -sure, and partial pressures of nitrogen. are alternative methods of accomplishing be assigned tasks in accordance with the Testimony at the hearing was opposed the same work tasks performed by live- individual’s experience and training, and to the proposal’s limits because such boating operations (Comment EE). The that the designated person-in-charge limits were too conservative (Tr. 81, limit for decompression time has been have experience and training in the con- 647), have not yet been definitively es- changed to "inwater decompression duct of the assigned diving operation, are tablished (Tr. 1332, 1348-9; Ex. 178, p. time," in accordance with testimony, and of particular importance in liveboating 87), might interfere rather than en- for the reasons stated in the discussion of (Tr. 741, 778-9, 1134,1952). hance diver safety (Tr. 316, 647, 1392), the diving bell limits. The requirement 13. Equipment (1910.430). The equip- and would prohibit a number of safe that liveboating not be conducted in ment section provides basic requirements and successful procedures (Tr. 317, 647, rough seas has been made “rough seas for equipment essential to diving oper- . 1332, 1348-9). which significantly impede diver mobility ations. The general requirement that The procedures required for mixed- or work function” in response to sugges- work done on or to equipment used in gas diving are similar to those for sur- tions that this be specified (Tr. 750, diving operations be recorded is similar face-supplied air diving and the same 1144-5; Ex. 154, p. 32), the determina- to the "equipment log” section of the rationale supports them, except that no tion of rough seas is therefore directly proposal. Such recording is basic safety depth or time distinctions are made with related to their affect on the safe con- procedure; the failure to keep records regard to the requirements for a sepa- duct of the operation. The prohibition concerning such operations as equipment rate dive team member to tend each on diving in other than daylight hours modiifcation, repair, testing, calibration diver, a standby diver, and a dive-loca- remains because of the excessive hazard or maintenance service could constitute tion reserve breathing gas supply. This of liveboating in the dark, when the diver a serious hazard to the health or safety is because mixed-gas dives are inher- and Hose cannot be adequately of the diver (Tr. 142-3). The standard ently complex operations. Regardless of monitored. permits either tagging or logging of the depth or time in the water, mixed-gas The procedures required for liveboat- recorded information, whichever the em- diving presents a relatively greater risk ing apply in addition to those for sur- ployer finds more useful or appropriate, than does air diving. Also, because of face-supplied air or mixed-gas diving, in accordance with testimony (Tr. 2072, the cumbersomeness of the gear and and are necessitated by the particular Ex. 178, p. 112). Requiring the recording the fatigue to which mixed-gas divers characteristics and relative hazards of of the date and nature of the work per- are subject, an inwater stage is required this technique. The standard requires formed and the name or initials of the to be provided for all mixed-gas dives that the propellers of the vessel support- person performing the work should pro- deeper than 100 fsw or outside the no- ing liveboating be stopped before the vide the basic information necessary to decompression limits without access to a diver leaves the last water stop (Tr. 742). ascertain the conditions of the equip- bell and for all heavy-gear dives regard- . This is a necessary precaution against ment in question and whether or not it is less of time or depth • (Tr. 927). As a ' hose entanglement. Second, a device in need of maintenance, testing, or re- practical matter, however, most mixed- must be used in all liveboating operations placement. The. record, i.e., log or tag, gas dives are conducted for times or at to protect the diver’s hose from acci- must be kept until replaced by a sub- depths at which the comparable require- dental entanglement with the vessel’s sequent, up-to-date record or when the ments would be applied if the surface- propeller. Suggestions for the necessary equipment to which the record refers is supplied air diving mode were used. device ranged from a propellor shroud withdrawn from service, because that In the case of mixed-gas diving, the (Tr. 742) to a weighted fair lead system is the period in which the record will requirements with regard to the amount (Tr. 930-2, 1703-4)., to an air tugger with be useful to the employer and employees. of breathing gas that must be available a heavy weight (Tr. 1430). Some of these The air compressor system require- is particularly significant because the devices are said to interfere significantly ments are similar to the proposals. The mixed-gas supply is fixed in quantity and with the vessel maneuverability and thus standard specifies that compressors must must be either mixed at the dive location to increase the hazard (Ex. 178), and be equipped with a volume tank. The or brought pre-mixed. Further, these other testimony indicates that using a volume tank requirement is essentially dives are likely to be longer and deeper, weight off the bow is ineffective (Tr. the same as in the proposal, except that and the likelihood of decompression sick- Darr). Because of the conflicting testi- a drain valve has been included in the ness is consequently greater, thus neces- mony and the lack of firm data as to list of required items, in accordance with sitating relatively longer dependence on which is the preferred method, the testimony (Tr. 977; Ex. 12B, p. 37). The the available breathing supply. More- standard does not specify which device check valve prevents loss of air from over, because the decompression cham- must be used, so long as a device or the volume tank if the compressor fails; ber is generally supplied with air even apparatus is used to minimize the haz- the pressure gauge tells how much pres- though the dive itself was on mixed gas, ard of hose entanglement. Third, the sure is available, and the relief valve both primary and dive-location reserve proposal’s requirement for two-way com- prevents excessive pressure buildup in systems must include sufficient air ca- munication has been extended to include the vessel. The drain valve can be used pacity in addition to the. mixed-gas such equipment between the designated to drain water from the volume tank supply. - person-in-charge at the liveboating dive The requirement that air compressor in- 12. Liveboating (§ 1910.427). Liveboat- location and the person controlling the takes located in an area away from ex- ing is defined as the practice of support- vessel from which the operation is sup- haust and other contaminants is a basic ing a surface-supplied air or mixed-gas ported (Tr. 1132, 1431). This provision and undisputed requirement designed to diver from a vessel which is underway. allows the person-in-charge instant protect the purity of the diver’s breath- It is considered to be one of the more communication with the vessel captain ing air. hazardous divings operations because the should an emergency such as hose en- The air purity standards of the pro- vessel is moving and the possibility exists tanglement occur. Finally, a standby posal reflect a concern with the quality of the diver’s hose becoming entangled in diver must be available and a diver- of breathing air in diving operations, the propeller (Tr. 741-2). As in the pro- carried reserve breathing gas supply must which was testified to by several divers posal, liveboating is limited by the sur- be carried during all liveboating opera- (Tr. 781, 898, 1054-5, 1087-9). The con- face-supplied air diving limits, although tions in recognition of the relatively taminant levels contained in the pro- mixed-gas may also be used to 220 fsw. greater hazard, particularly the risk of posal have been revised, however, in ac- This represents a determination that entanglement inherently associated with cordance with testimony and the new liveboating is too hazardous for greater this diving technique. In addition, the U.S. Navy air purity standards for divers, times or depths and corresponds with the working interval of a liveboating opera- which indicate that 20 ppm for carbon minimum time and depth limits at which tion must be terminated if communica- monoxide and 1000 ppm for carbon di- use of a diving bell is required (Tr. 751, tion is lost between the diver and the dive oxide are acceptable exposure levels for 1432; Ex. 154, p. 32). Since liveboating location, or between the person-in- divers (Tr. 83, 317-20, 567-87 1647,1657- cannot practically or safely be conducted charge and the person controlling the 59; Ex. 178, p. 106-7, Ex. 181). The pro- with a bell (Tr. 751; Ex. 178, p. 184), it is vessel. The general personnel require- posal’s hydrocarbon limit of 5 milligrams not permitted beyond these depths. There ments that each dive team member must per cubic meter has been defined as oil

FEDERAL REGISTER, VOL 42, No. 141—FRIDAY, JULY 22, 1977 37666 RULES AND REGULATIONS mist, as recommended in testimony (Tr. measurement, they have sometimes been chamber atmosphere below a level of 25% 569-71; Ex. 178, p. 106-7). Where the used as a back-up when the pneumo- by volume derives from the "installed air sample should be taken is an impor- fathometer is disconnected (Tr. 821-2, oxygen breathing system” section of the tant factor in determining air purity 934, 1165, 1433). The requirement for proposal, which has been modified based (Tr. 194-5). Requiring sampling at the calculating the working pressure rela- on testimony (Tr. 1486-8, 1442, 1953-4). connection to the distribution system al- tive to the supply source is so stated be- Some means to control the chamber’s lows air to be monitored near where it cause the calculation is different depend- oxygen level is essential when oxygen is enters the system, i.e., diver’s hose or ing on whether the supply source is on being administered by mask for treat- chamber. This provides a truer indica- the surface or a submerged bell under ment or in surface decompression, as a tion of what the diver is breathing. The pressure. The determining factor is the protection against fire, particularly since exclusion from oil mist testing of air de- pressure differential between the supply the mask can leak (Tr. 1791). The means, livered by compressors which do not use source and the diver (Tr. 162-3). employed may be a ventilation system oil for lubrication is in accordance with The buoyancy control requirement is or an overboard dump system. While no testimony that such testing is unneces- similar to the proposal’s “dry suits written records or oxygen analysis are sary, and the use of such non-oil lubri- (variable volume)” requirement, but is required, OSHA would anticipate that cated compressors should be encouraged modified in accordance with testimony the oxygen concentration would be peri- (Tr. 167; Ex. 12B, p. 161-2, Ex. 178, p. (Tr. 2030-1; Ex. 178, p. 103). The purpose odically analyzed during oxygen admin- 107). The proposal’s requirement that of requiring exhaust valves in connec- istration (Ex. 178, p. 110-11). air purity be tested every 1000 hours has tion with buoyancy control is to mini- The muffler requirement has been In- been deleted to respond to testimony that mize the possibility of uncontrolled as- cluded in accordance with testimony (Tr. compressors which run frequently have cent by the diver. The requirement for a 170,184, 203, 1104; Ex. 154, p. 40; Com- fewer problems-than those run intermit- buoyancy compensator, if used in SCUBA ment R). Noise suppression in the cham- tently (Tr. 168, 183-4, 571-2); the re- diving, to have an inflation source sepa- ber is essential to protect against hearing quirement for testing at least every six rate from the breathing gas supply is loss and to permit communication (Ex. months remains and was supported by related to the SCUBA reserve supply re- 12B, p. 55, 209). It is recognized, however, testimony (Tr. 167-8). - quirement and is necessary to prevent that noise mufflers can be a fire hazard The requirements for breathing gas diversion of the primary or reserve because oil collects on them. Accordingly, supply hoses, connections and umbilicals supply to non-emergency use. The pro- they must be regularly Inspected and are similar to those in the proposal. The vision for an inflatable flotation device maintained. The exhaust muffler protects requirement that the hoses shall have for SCUBA diving has been given design hearing of personnel outside the cham- a working pressure at least equal to the specifications because an improperly ber and also prevents the noise of decom- working pressure of the total breathing designed device can he a greater safety pression from excessive disruption of gas system derives from, but is more spe- hazard than aid (ETS Ex. 6,I-4-9). Re- voice communications. cific than, the proposal’s requirement quiring the manually activated device The requirements for guards on ex- that such hoses “be capable of the re- allows for quick inflation while the oral haust line openings and a means for ex- quired gas flow rates of the system used.” inflation device provides for a back-up tinguishing fire are essentially the same The requirement for bursting pressure capability. The function of the exhaust as appear in the proposal, and have not was in the proposal and is a basic en- valve is the same on an inflatable flota- been the subject of comment. They are gineering principle, while the pressure tion device as on any buoyancy-changing directed to the suction and fire hazards testing requirement has been reworded equipment. that can occur in,chambers. The require- to better achieve the intent. (Tr. 611, The requirements for compressed gas ment to equip and maintain the chamber 2014-5, 2075-7; Ex. 178, p. 104). A test cylinders are similar to those in the pro- to minimize sources of ignition and com- of 1.5 times the working pressure, rather posal. Specific design, construction and bustible materials is directly addressed than the maximum allowable working maintenance criteria for such equipment to the problem of chamber fires. It has pressure, is appropriate' to determine are already included in an existing OSHA been modified from the proposal in ac- hose strength but places less stress on regulation (29 CFR §§ 1910.166-177), and cordance with testimony that fire haz- the hose, since the pressure prescribed the applicable provisions of that stand- ards can and must be minimized, but will be well within the designed pressure ard apply to diving operations as well: cannot always be eliminated entirely (Tr. capability of the hose. Requiring the open The protection cap requirement has been 169). ends of hoses to be taped, capped or modified to make clear that a cap is not . The requirement of a depth gauge for plugged when not in use is essentially the required when the cylinder is manifolded all divers is essentially the same as in the same requirement as appeared in the or when used for SCUBA diving (Tr. proposal and follows from the need to proposal and is designed to prevent the 2059; Ex. 178, p. 111). The requirements monitor the diver’s depth-time profile, entry of foreign matter into hoses. With for protection from excessive heat and which is a basic component in calculating regard to breathing gas supply hose con- falling are designed to prevent accidental • decompression (Ex. 178, p. 75). This nectors, the standard makes it clear that rupture of the cylinders. gauge must be readable at the dive loca- the connectors, like the hoses themselves, Design and maintenance criteria have tion for all surface-supplied and mixed- must have a working pressure at least been included for decompression cham- gas dives, but, as in practice carried by equal to the working pressure of the hose bers in that the standard requires such the SCUBA diver. A pneumofathometer to which they are attached. That they be chambers to be built in accordance with is not specifically required because a "resistant to accidental disengagement” the ASME (American Society of Mechan- digital gauge may also be used. The re- has been specified in accordance with ical Engineers) Boiler and Pressure Ves- quirement for deadweight testing or cal- testimony indicating that such wording sel Code, Section VIII or an equivalent. ibration against a master reference gauge establishes an achievable requirement There was testimony that other pressure every 6 months appeared in the proposal (Tr. 163). The requirements for hose vessel codes, such as Det Norske Veritas, and is intended to achieve the necessary markings, kink-resistance, and calcula- Lloyds, and the American Bureau of accuracy (Tr. 1545). The factor of 2% tion of working pressure in relation to Shipping, establish acceptable standards discrepancy is based on testimony (Tr. depth apply specifically to breathing gas which are recognized within the industry 320). A timekeeping device is also speci- supply hoses (umbilicals) between the (Tr. 320; Comment R). These would be fied to effect the requirement for main- supply source (i.e., the drive location or considered equivalent codes under this taining and recording the key times of a bell) and the diver, because they are standard. However, decompression cham- each dive. not necessary for other hoses used on the bers manufactured prior to the effec- The requirements for masks or helmets surface. The requirement for markings tive date of the standard will be in com- are similar to those in the proposal. The at 10 ft. interval has been extended to pliance if they are maintained in con- non-return valve was specified in the 100 ft. because some decompression formance with the code requirements, to proposal and is designed to prevent re- tables require stops deeper than 50 ft. which they were built, or their equivalent. verse flow of the breathing gas if the While the hose markings should never The requirement for means of main- supply is cut off; this is a protection be used as the primary means of depth taining the oxygen concentration in the against diver squeeze. The exhaust valvo

FEDERAL REGISTER, VOL. 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37667 requirement is the helmet/mask equiva- similar combustion hazard exists in high- (4) List of emergency aid (§ 1910.421 lent to the proposal’s dry suit exhaust pressure air systems. (b)): valve; the valve is used to control buoy- The weights and harnesses require- (5) Record of each dive (§ 1910.423 ancy and reduce the risk of uncontrolled ments derive from similar provisions in );(d) ascent to the surface. This is standard the proposal. The weight belt or assem- (6) Written evaluation of the decom- equipment (ETS Ex. 6, 1-69, Ex. 64Aiii, bly requirement its intended to permit pression procedures assessment (§ 1910.- 1.2el, e2). The mask or helmet ventila- weight assemblies, such as weights car- 423(e)); and tion requirement for surface-supplied air ried in pockets, to be used; this is pref- (7) Tagging or logging of equipment diving is identical to the one appearing erable to specifying only belts. In ac- procedures (§ 1910.430(a)). The ration- in the proposal, except that the standard cordance with the proposal and testi- ale and record support for each of these adds a performance specification which mony, the standard requires the weights documentation requirements have al- would allow helmets or masks with lower to be quick release, but does not specify ready been discussed in the order in ventilation rates to be used or developed, that the quick release must be "simple” which they appear in the standard. provided they meet the performance re- (Tr. 141, 152, 423, 1949; Ex. 178, p, 80). The requirement to make records quirements. This modification is in ac- The harness requirement exempts available to OSHA officials and to retain cord with the testimony at the hearings SCUBA diving in addition to heavy-gear records required by the standard for (Tr. 160-2, 195-6, 204-6), and NIOSH diving, since harnesses are not used or varying periods depending on the type of (Ex. 12B, p. 32-33). needed in these situations. The harness record, remains from the proposal. Rec- The requirements for oxygen safety requirement has been modified in ac- ords which contain essential medical in- procedures have systemwide application. cordance with testimony that the har- formation, including dive team medical The oxygen safety requirement ad- ness does not have to be "separate" (Ex. records, records of dives when there has dresses primarily the hazard of com- 178, p. 82). No testimony was presented been an incident of decompression sick- bustion, and derives from the "oxygen against the positive buckling device re- ness, decompression procedures assess- cleaning” and the "oxygen piping in quirement, which remains from the pro- ment evaluations, and records of hospi- PVHO’s” requirements of the proposal. posal. The attachment and lifting point talizations, are required to be kept for 5 That equipment used with oxygen or requirements have been modified slightly years. This is consistent with the reten- mixtures containing over 40% by volume to achieve the intent both of preventing tion period for occupational illnesses and oxygen must be designed for oxygen strain on the mask or helmet and dis- injuries reports required by 29 CFR Part service was testified to at the hearings tributing the force over the diver’s body. 1904. The five year retention period is (Tr. 1393). Examples of metals which 14. Recordkeeping requirement considered an appropriate time period in are suited to oxygen service are copper, (§ 1910.440). The recordkeeping require- which employers must maintain the data brass, and monel. Non-metal materials ments of the standard are consistent from which the safety and health prob- should have low flammability (Ex. 12B, with general OSHA policy concerning the lem of diving can later be studied. After p. 133). Structural factors such as avoid- recording, reporting, and availability of a record has been retained five years by ing sharp turns and edges and using records. Fart 1904 of 29 CFR is the basic the employer, the records must be for- slow-opening valves should also be con- OSHA regulation on the recording and warded to the National Institute for sidered in determining suitability for reporting of occupational injuries and Occupational Safety and Health, which, oxygen service. The requirement con- illnesses. Reference to 29 CFR Part 1904 under Section 20 and 22 of the Act, is cerning cleaning for oxygen service gen- is included in the final standard, as in authorized to conduct research, experi- eralizes the proposal’s requirement by the proposal, to remove any uncertainty ments, and demonstrations relating to applying it to all components (except as to its applicability. In addition, em- occupational safety and health. umbilicals) used in oxygen service, in ployers are required to record the occur- Depth-time profiles are required to be accordance with testimony (Tr. 164). rence of any diving-related injury or ill- kept until completion of the recording of Umbilicals are excluded from the re- ness which requires hospitalization of 24 dive or, if appropriate, a decompression quirement because there is no agreement hours or more. Because of the relatively procedure assessment. A separate record as to how they should be cleaned and this small size of the diving population and of of the profile information is not needed is not current industry practice (Tr. individual diving operations, reports of at that point. Records of dives, when 164). The standard does not specify fatalities or five or more hospitalizations, there has been no incident of decompres- which cleaning agents should or should as required by 29 CFR Part 1904, may sion sickness, must be retained for a year not be used, because of lack of a gener- leave unrecorded a substantial propro- for OSHA enforcement purposes; they ally recognized preferred method, and tion of diving accidents. Requiring a rec- may also be used for research or study by because many effective agents can be ord of hospitalizations of 24 hours or NIOSH or OSHA. The safe practice used. It should be noted, however, that more will preserve information which manual and equipment records must be NIOSH recommends that trichloroethyl- can provide a more complete indication current because they serve only an op- ene, a non-fluorinated chlorinated hy- of the incidence of disease and injuries erational function for which no histori- drocarbon, should not be used because in the diving industry. The 24-hour hos- cal record is necessary. of potentially toxic effects of the solvent pitalization period has been used for the In addition, the standard provides for and its breakdown products; tri-sodium same reasons that have been discussed in the availability of any record which per- phosphate, trichlorotrifluoroethane and relation to the reexamination after in- tains directly to the employee for inspec- non-ionic detergents are considered ac- jury or illness requirement; again, this tion and copying by employees, former ceptable agents, while use of ultrasonic represents a modification of the 72-hour employees or their authorized represent- cleaning devices facilitates quick and ef- hospitalization or 5 days’ treatment by atives. This reflects a statutory pro- fective cleaning (Ex. 12B, p. 63). a doctor criteria which appeared in the vision in section 8(c) (3) of the Act that proposal. employees have a right to know their The requirement for slow-opening work exposures and medical status. A shut-off valves in high-pressure systems In addition to recording and reporting provision which requires successor em- also addresses the hazard of combustion. of occupational injuries and illnesses ployers to keep dive and employee medi- It is intended to_prohibit the use of a there are other documents or reports cal records and the forwarding of records ball valve or other quick-opening valve which the standard requires. These are: of the type required to be kept for 5 because quick-opening valves allow a (1) Notification of deviations from the years to NIOSH in the event that an em- rapid buildup of pressure, and therefore standard in an emergency situation and ployer ceases to do business and there heat, in the piping system. If any hydro- a written submission of the same upon is no successor, has been included so that carbons are present in such a situation, request of the Area Director (§ 1910.401 such records will be preserved for at least combustion may result. It is not meant );(c) the required retention period. to apply to hull-stop valves, which are (2) Physician’s written report to the In developing these requirements, open under normal operating conditions. employer (§ 1910.411(e)); OSHA has endeavored to require record- Compressed air systems over 500 psig are (3) Safe practices manual (§ 1910.420 keeping to the extent which is minimally included in this requirement because a (b)); necessary from the standpoint of safety

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37668 . RULES AND REGULATIONS and health. On the whole, the require- Secretary of Labor for Occupational (i) Performed solely for instructional ments should be less burdensome for the Safety and Health, U.S. Department of purposes, using open-circuit, com- shallow water employer, because the safe Labor, 200 Constitution Avenue NW., pressed-air SCUBA and conducted with- practices manual will be less complex, less Rcom S-2315, Washington, D.C. (202- in the no-decompression limits; information is required to be kept for 523-9261). (ii) Performed solely for search, res- each dive, and the need to assess an inci- Signed at Washington, D.C., this 15th cue, or related public safety purposes by dent of decompression sickness should day of July 1977. or under the control of a governmental not arise in these operations. Eul a Bin gh am , agency; or Moreover, the recordkeeping require- Assistant Secretary of Labor. (iii) Governed by 45 CFR Part 46 (Pro- ments have been simplified in other re- tection of Human Subjects, U.S. Depart- spects from the proposal. First, as has PART 1910—-OCCUPATIONAL SAFETY ment of Health, Education, and Welfare) been discussed, there is no requirement • AND HEALTH STANDARDS or equivalent rules or regulations es- for automatic recording of time-depth Part 1910 of Title 29 of the Code of tablished by another federal agency, profiles, and no need to maintain com- Federal Regulations is amended by add- which regulate research, development, or plicated statistical data in order to ing a new subpart T to read as follows: related purposes involving human sub- satisfy specified performance criteria for jects. decompression sickness. Secondly, the re- Subpart T—Commercial Diving Operations (b) Application in emergencies. An quirement for a diver’s log has been de- Gen er al employer may deviate from the require- leted. OSHA believes that since the log 1910.401 Scope and application. ments of this standard to the extent nec- would, by its nature, have to be main- 1910.402 Definitions. essary to prevent or minimize a situation tained by the employee, it would be diffi- Per son n el Requ ir em en ts which is likely to cause death, serious cult and unrealistic to enforce against physical harm, or major environmental the employer. Testimony at the hearings 1910.410 Qualifications of dive team. damage, provided that the employer: maintained that employers would not be 1910.411 Medical requirements. (1) Notifies the Area Director, Occu- willing to rely on the diver’s log to verify Gen er al Opera ti ons Pro ce du re s pational Safety and Health Administra- an employee’s diving-related work his- 1910.420 Safe practice manual. tion within 48 hours of the onset of the tory or experience (Tr. 1522-7), that em- 1910.421 Pre-dive procedures. emergency situation indicating the na- ployer logkeeping placed an unnecessary 1910.422 Procedures during dive. ture of the emergency and extent of the burden on both employer and employee 1910.423 Post-dive procedures. deviation from the prescribed regula- (Tr. 1478-81, 1711-2, 1753-6; Ex. 178, p. Spec ific Oper at ion s Pro ce du re s tions; and 78), and that such a log could not be used (2) Upon request from the Aren Di- as a substitute for an accurate and com- 1910.424 SCUBA diving. rector, submits such information in writ- .1910.425 Surface-supplied air diving. plete diving-related medical history for 1910.426 Mixed-gas diving. ' ing. each diver (Tr. 1478-81, 1522-7). OSHA 1910.427 Liveboating. (c) Employer obligation. The employer encourages divers to maintain logs for shall be responsible for compliance with: their own personal use, but the agency Equi pmen t Pr oce d u r es a n d Requ ir em en ts (1) All provisions of this standard of has determined that the essential infor- 1910.430 Equipment. general applicability; and mation required by this section of the Rec ord ke ep ing (2) All requirements pertaining to spe- proposal can best be obtained and main- cific diving modes to the extent diving tained in the form of accurate dive and 1910.440 Recordkeeping requirements. operations in such modes are conducted. medical records, such as those required 1910.441 Effective date. § 1910.402 Definitions. by the standard. Appen di x VI. Leg al Auth or ity Appendix A: Examples of Conditions As used in this standard, the listed Which May Restrict or Limit Exposure to terms are defined as follows: This standard is promulgated pursuant Hyperbaric Conditions. “Acfm”: Actual cubic feet per minute. to sections 6(b), 6(c), and 8(c) of the Aut hori ty : Sec. 6, 8, 84 Stat. 1593, 1596, “ASME Code or equivalent”: ASME Occupational Safety and Health Act of 1599 (29 U.S.C. 655, 657); Secretary of La- (American Society of Mechanical Engi- 1970 (the Act) (84 Stat. 1593,1596,1599; bor’s Order 8-76 (41 PR 25059); 29 CFR Part neers) Boiler and Pressure Vessel Code, 29 U.S.C. 655, 657), Secretary of Labor’s 1911; sec. 41, 44 Stat. (33 U.S.C. 941); sec. Section VIII, or an equivalent code which Order No. 8-76 (41 ER 25059), and Title 107, 83 Stat. 96 (40 U.S.C. 333). the employer- can demonstrate to bo 29, Code of Federal Regulations (CFR) Subpart T—Commercial Diving Operations equally effective. Part 1911. By that authority, Part 1910 “ATA”: Atmosphere absolute. of 29 CFR is amended by adding a new Gener al safety “Bell”: An enclosed compartment, permanent occupational and § 1910.401 Scope and application. pressurized (closed bell) or unpressur- health standard for commercial diving operations as Subpart T, §§ 1910.401- (a) Scope. (1) This subpart (stand- ized (open bell), which allows the diver 1910.441. In addition, pursuant to the ard) applies to every place of employ- to be transported to and from the un- above authority and section 41 of the ment within the waters of the United derwater work area and which may bo Longshoremen’s and Harbor Workers’ States, or within any State, the District used as a temporary refuge during diving Compensation Act, as amended (44 Stat. of Columbia, the Commonwealth of operations. 1444; 33 U.S.C. 941) and section 107 of Puerto Rico, the Virgin Islands, Ameri- “Bottom time”: The total elapsed the Contract Work Hours and Safety can Samoa, Guam, the Trust Territory time measured in minutes from the time Standards Act (the Construction Safety of the Pacific Islands, Wake Island, when the diver leaves the surface in de- Act) (83 Stat. 96; 40 U.S.C. 333), Parts Johnston Island, the Canal Zone, or scent to the time that the diver begins 1915, 1916, 1917, 1918, and 1926 of 29 within the Outer Continental Shelf lands ascent. CFR are amended by adding to those as defined in the Outer Continental Shelf “Bursting pressure”: The pressure at Parts references to the new standard for Lands Act (67 Stat. 462, 43 U.S.C. 1331), which a pressure containment device commercial diving operations to clarify where diving and related support opera- would fail structurally. the applicability of this standard to div- tions are performed. “Cylinder”: A pressure vessel for the ing operations conducted in the mari- (2) This standard applies to diving storage of gases. time and construction industries. A con- and related support operations con- “Decompression chamber”: A pres- forming amendment is also made to 29 ducted in connection with all types of sure vessel for human occupancy such CFR 1928.21(b), to include this Subpart work and employments, including gen- as a surface decompression chamber, T of Part 1910 among the general in- closed bell, or deep diving system used dustry standards not applicable to eral industry, construction, ship repair- to decompress divers and to treat de- agriculture. ing, shipbuilding, shipbreaking and long- compression sickness. This document was prepared under shoring. However, this standard does not “Decompression sickness”: A condi- the direction of Eula Bingham, Assistant apply to any diving operation: tion with a variety of symptoms which

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37669 may result from gas or .bubbles in the which supplies the diver or bell with form assigned tasks in a safe and health- tissues of divers after pressure reduction. breathing gas, communications, power, ful manner. “Decompression table”: A profile or or heat as appropriate to the diving (2) The employer shall provide each set of profiles of depth-time relationships mode or conditions, and includes a safety dive team member who is, or is likely for ascent rates and breathing mixtures line between the diver and the dive lo- to be, exposed to hyperbaric conditions to be followed after a specific depth-time cation. with all medical examinations required exposure or exposures, “Volume tank”: A pressure vessel con- by this standard. “Dive location”: A surface or vessel nected to the outlet of a compressor and (3) All medical examinations required from which a diving operation is con- used as an air reservoir. by this standard shall be performed by, ducted. “Working pressure": The maximum or under the direction of, a physician at “Dive-location reserve breathing gas”: pressure to which a pressure contain- no cost to the employee. A supply system of air or mixed-gas (as ment device may be exposed under (b) frequency of medical examina- appropriate) at the dive location which standard operating conditions. tions. Medical examinations shall be is independent of the primary supply provided: system and sufficient to support divers Per so nn el Requ ir ement s (1) Prior to initial hyperbaric exposure during the planned decompression § 1910.410 Qualifications of dive team. with the employer, unless an equivalent “Dive team”: Divers and support em- (a) General. (1) Each dive team medical examination has been given ployees involved in a diving operation, member shall have the experience or within the preceding 12 months and the including the designated person-in- training necessary to perform assigned employer has obtained the results of the charge. tasks in a safe and healthful manner. examination and an opinion from the “Diver”: An employee working in (2) Each dive team member shall examining physician of the employee’s water using underwater apparatus which have experience or training in the fol- medical fitness to dive or to be other- supplies compressed breathing gas at the lowing: wise exposed to hyperbaric conditions; ambient pressure. (1) The use of tools, equipment and (2) At one year intervals from the “Diver-carried reserve breathing gas”: systems relevant to assigned tasks; date of initial examination or last equiv- A diver-carried supply of air or mixed (ii) Techniques of the assigned div- alent examination: and gas (as appropriate) sufficient under ing mode; and (3) After an injury or illness requir- standard operating conditions to allow (ill) Diving operations and emergency ing hospitalization of more than twenty- the diver to reach the surface, or another procedures. four (24) hours. source of breathing gas, or to be reached (3) All dive team members shall be (c) Information provided to -examin- by a standby diver. trained in cardiopulmonary resuscita- ing physician. The employer shall pro- '“Diving mode”: A type of diving re- tion and first aid (American Red Cross vide the following information to the quiring specific equipment, procedures standard course or equivalent). examining physician: and techniques (SCUBA, surface-sup- (4) Dive team members who are ex- (1) A copy of the medical require- plied air, or mixed gas). ments of this standard; and “Fsw”: Feet of seawater (or equiva- posed to or control the exposure of (2) A summary of the nature and ex- lent static pressure head). others to hyperbaric conditions shall be tent of hyperbaric conditions to which “Heavy gear”: Diver-worn deep-sea trained in diving-related physics and the dive team member will be exposed, dress including helmet, breastplate, dry physiology. including diving modes and types of suit, and weighted shoes. (b) Assignments. (1) Each dive team work to be assigned. “Hyperbaric conditions”: Pressure member shall be assigned tasks in ac- (d) Content of medical examinations. conditions in excess of surface pressure. cordance with the employee's experience (1) Medical examinations conducted ini- “Inwater stage”: A suspended under- or training, except that limited addi- tially and annually shall consist of the water platform which supports a diver in tional tasks may be assigned to an em- following: the water. ployee undergoing training provided (i) Medical history; “Liveboating”: The practice of sup- that these tasks are performed under (ii) Diving-related work history; porting a surfaced-supplied air or mixed the direct supervision of an experienced (iii) Basic physical examination; gas diver from a vessel which is under- dive team member. (iv) The tests required by Table I; way. (2) The employer shall not require and “Mixed-gas diving”: A diving mode in a dive team member to be exposed to (v) Any additional tests the physician which the diver is supplied in the water hyperbaric conditions against the em- considers necessary. with a breathing gas other than air. ployee’s will, except when necessary to (2) Medical examinations conducted "No-decompression limits”: The complete decompression or treatment after an injury or illness requiring hos- depth-time limits of the “no-decompres- procedures. pitalization of more than 24 hours shall sion limits and repetitive dive group des- (3) The employer shall not permit a be appropriate to the nature and extent ignation table for no-decompression air dive team member to dive or be other- of the injury or illness as determined by dives”, U.S. Navy Diving Manual or wise exposed to hyperbaric conditions the examining physician. equivalent limits which the employer can for the duration of any temporary demonstrate to be equally effective. physical impairment or condition which Tab le I.—Tests far diving medical “Psi(g)”: Pounds per square inch is known to the employer and is likely to examination (gauge). affect adversely the safety or health of “SCUBA diving”: A diving mode inde- Initial Annual a dive team member, Test examination reexamination pendent of surface supply in which the (c) Designated person-in-charge. (1) diver uses open circuit self-contained The employer or an employee designated underwater breathing apparatus. Chest X-ray x by the employer shall be at the dive lo- Visual acuity x x “Standby diver”: A diver at the dive cation in charge of all aspects of the Color blindness______x location available to assist a diver in the EKG: standard 12L x diving operation affecting the safety and Hearing test X water. health of dive team members. Hematocrit or x xx “Surface-supplied air diving”: A div- hemoglobin (2) The designated person-in-charge Sickle cell Index ing mode in which the diver in the water shall have experience and training in White bleed count xX X is supplied from the dive location with the conduct of the assigned diving op- Urinalysis X X compressed air for breathing. eration. “Treatment table”: A depth-time and * To be given to the employee once, at age 35 or over. breathing gas profile designed to treat § 1910.411 Medical requirements. (e) Physician’s written report. (1) decompression sickness. (a) General. (1) The employer shall After any medical examination required “Umbilical”: The composite hose bun- determine that dive team members who by this standard, the employer shall ob- dle between a dive location and a diver are, or are likely to be, exposed to hyper- tain a written report prepared by the or bell, or between a diver and a bell, baric conditions are medically fit to per- examining physician containing:

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37670 RULES AND REGULATIONS (1) The results of the medical examina- to each diving operation, unless other- (h) Warning signal. When diving from tion; and wise specified. surfaces other than vessels in areas capa- (ii) The examining physician’s opinion (b) Emergency aid. A list shall be kept ble of supporting marine traffic, a rigid of the employee’s fitness to be exposed to at the dive location of the telephone or replica of the international code flag hyperbaric conditions, including any rec- call numbers of the following: “A” at least one meter in height shall bo ommended restrictions or limitations to (1) An operational decompression displayed at the dive location in a man- such exposure (see Appendix B). chamber (if not at the dive location); ner which allows all-round visibility, and (2) The employer shall provide the em- (2) Accessible hospitals; shall be illuminated during night diving ployee with a copy of the physician’s (3) Available physicians; operations. written report. (4) Available means of transportation; (f) Determination of employee fitness. and § 1910.422 Procedures during dive. (1) The employer shall determine the (5) The nearest U.S. Coast Guard Res- (a) General. The employer shall extent and nature of the dive team cue Coordination Center. comply with the following requirements member’s fitness to engage in diving or (c) First aid supplies. (1) A first aid which are applicable to each diving be otherwise exposed to hyperbaric con- kit appropriate for the diving operation operation unless otherwise speeded. ditions consistent with the recommenda- and approved by a physician shall be (b) Water entry and exit. (1) A means tions in the examining physician’s report. available at the dive location. capable of supporting the diver shall bo (2) If the examining physician has rec- (2) When used in a decompression provided for entering and exiting the ommended a restriction or limitation on chamber or bell, the first aid kit shall be water. the dive team member’s exposure to suitable for use under hyperbaric condi- (2) The means provided for exiting the hyperbaric conditions, and the affected tions. water shall extend below the water employee does not concur, a second phy- (3) In addition to any other first aid surface. sician selected by the employee shall supplies, an American Red Cross stand- (3) A means shall be provided to assist render a medical opinion on the nature ard first aid handbook or equivalent, and an injured diver from the water or into and extent of the restriction or limita- a bag-type manual resuscitator with a bell. tion, if any. transparent mask and tubing shall be (c) Communications. (1) An opera- (3) If the recommendation of the sec- available at the dive location. tional two-way voice communication ond opinion differs from that of the (d) Planning and assessment. Planning system shall be used between: examining (first) physician, and if the of a diving operation shall include an (i) Each surface-supplied air or employer and employee are unable to assessment of the safety and health as- mixed-gas diver and a dive team member agree on the nature and extent of the pects of the following: at the dive location or bell (when pro- restriction or limitation, an opinion from (1) Divingmode; vided or required); and a third physician selected by the first two (2) Surface and underwater conditions (ii) The bell and the dive location. physicians shall be obtained. The em- and hazards; (2) An operational, two-way com- ployer’s determination of the dive team (3) Breathing gas supply (including munication system shall be available at member’s fitness shall be consistent with reserves); the dive location to obtain emergency the medical opinion of the third physi- (4) Thermal protection; assistance. cian, unless the employer and employee (5) Diving equipment and systems; (d) Decompression tables. Decompres- reach an agreement which is otherwise (6) Dive team assignments and physi- sion, repetitive, and no-decompresslon consistent with the recommendation or cal fitness of dive team members (in- tables (as appropriate) shall be at the opinion of at least two of the physicians cluding any impairment known to the dive location. involved. employer); (e) Dive profiles. A depth-time profile, (4) Nothing in this procedure shall be (7) Repetitive dive designation or re- including when appropriate any breath- construed to prohibit either a dive team sidual inert gas status of dive team mem- ing gas changes, shall be maintained for member from accepting, or an employer bers; each diver during the dive including from offering, an assignment which is (8) Decompression and treatment pro- decompression. otherwise consistent with at least one cedures (including altitude corrections); (f) Hand-held power tools and equip- medical opinion while a final determina- and ment. (1) Hand-held electrical tools and tion on the employee’s fitness is pending. (9) Emergency procedures. equipment shall be de-energized before (e) Hazardous activities. To minimize Gen er al Oper at io ns Pro ce dur es being placed into or retrieved from the hazards to the dive team, diving opera- water. § 1910.420 Safe practices manual. tions shall be coordinated with other ac- (2) Hand-held power tools shall not (a) General. The employer shall de- tivities in the vicinity which are likely be supplied with power from the dive velop and maintain a safe practices to interfere with the diving operation. location until requested by the diver. manual which shall be made available at (f) Employee briefing. (1) Dive team (g) Welding and burning. (1) A cur- the dive location to each dive team members shall be briefed on: rent supply switch to Interrupt the cur- member. (i) The tasks to be undertaken; rent flow to the welding or burning (b) Contents. (1) The safe practices (ii) Safety procedures for the diving electrode shall be: manual shall contain a copy of this mode; (1) Tended by a dive team member in standard and the employer’s policies for (iii) Any unusual hazards or environ- voice communication with the diver implementing the requirements of this mental conditions likely - to affect the performing the welding or burning; and standard. safety of the diving operation; and (ii) Kept in the open position except (2) For each diving mode engaged in, (iv) Any modifications to operating when the diver is welding or burning. the safe practices manual shall include: procedures necessitated by the specific (2) The welding machine frame shall (i) Safety procedures and checklists diving operation. be grounded. for diving operations; (2) Prior to making individual dive team member assignments, the employer (3) Welding and burning cables, elec- (ii) Assignments and responsibilities shall inquire into the dive team member’s trode holders, and connections shall be of the dive team members; current state of physical fitness, and in- capable of carrying the maximum cur- (iii) Equipment procedures and check- dicate to the dive team member the pro- rent required by the work, and shall bo lists; and cedure for reporting physical problems or properly insulated. (iv) Emergency procedures for fire, adverse physiological effects dining and (4) Insulated gloves shall be provided equipment failure, adverse environmental after the dive. to divers performing welding and burn- conditions, and medical illness and (g) Equipment inspection. The breath- ing operations. injury. ing gas supply system including reserve (5) Prior to welding or burning on breathing gas supplies, masks, helmets, closed compartments, structures or § 1910.421 Pre-dive procedures. thermal protection, and bell handling pipes, which contain a flammable vapor (a) General. The employer shall pom- mechanism (when appropriate) shall be or in which a flammable vapor may bo ply with the following requirements prior inspected prior to each dive. generated by the work, they shall bo

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37671 vented, flooded, or purged with a mixture (i) Dual-lock; Spec ifi c Oper at io ns Proc ed ure s of gases which will not support combus- (ii) Multiplace; and tion. (iii) Located within 5 minutes of the §1910.424 SCUBA diving. (h) Explosives. (1) Employers shall dive location. (a) General. Employers engaged in transport, store, and use explosives in (4) The decompression chamber shall SCUBA diving shall comply with the fol- accordance with this section and the be equipped with: lowing requirements, unless otherwise applicable provisions of § 1910.109 and (i) A pressure gauge for each pressur- specified. ___ § 1926.912 of Title 29 of the Code of ized compartment designed for human (b) Limits. SCUBA diving shall not be Federal Regulations. occupancy; conducted: (2) Electrical continuity of explosive (ii) A built-in-breathing-system with (1) At depths deeper than 130 fsw; circuits shall not be tested until the diver a minimum of one mask per occupant; (2) At depths deeper than 100 fsw or is out of the water. (iii) A two-way voice communication outside the no-decompression limits un- (3) Explosives shall not be detonated system between occupants and a dive less a decompression chamber is ready while the diver is in the water. team member at the dive location; for use; (i) Termination of dive. The working (iv) A viewport; and (3) Against currents exceeding one (1) interval of a dive shall be terminated (v) Illumination capability to light the knot unless line-tended; of when: interior. (4) In enclosed or physically confin- (1) A diver requests termination; (4) Treatment tables, treatment gas ing spaces unless line-tended. (2) A diver fails to respond correctly appropriate to the diving mode, and suf- (c) Procedures. to communications or signals from a ficient gas to conduct treatment shall be (1) A standby diver shall be available dive team member; available at the dive location. while a diver is in the water. (3) Communications are lost and can (5) A dive team member shall be avail- (2) A diver shall be line-tended from not be quickly re-established between the able at the dive location during and for the surface, or accompanied by another diver and a dive team member at the at least one hour after the dive to operate diver in the water in continuous visual dive location, and between the designated the decompression chamber (when re- contact during the diving operation. person-in-charge and the person con- quired or provided). (3) A diver shall be stationed at the trolling the vessel in liveboating opera- (d) Record of dive. (1) The following underwater point of entry when diving tions; or . . information shall be recorded and main- is conducted in enclosed or physically (4) A diver begins to use diver-carried tained for each diving operation: confining spaces. reserve breathing gas or the dive-location (i) Names of dive team members In- (4) A diver-carried reserve breathing reserve breathing gas. cluding designated person-ln-charge; gas supply shall be provided for each (ii) Date, time, and location; diver consisting of: § 1910.423 Post-dive procedures. (iii) Diving modes used; (i) A manual reserve (J valve); or (a) General. The employer shall (iv) General nature of work per- (ii) An independent reserve cylinder comply with the following requirements formed; with a separate regulator or connected which are applicable after each diving (v) Approximate underwater and sur- to the underwater breathing apparatus. operation, unless otherwise specified. face conditions (visibility, water temper- (5) The valve of the reserve breathing (b) Precautions. (1) After the comple- ature and current) ; and gas supply shall be in the closed position tion of any dive, the employer shall: (vi) Maximum depth and bottom time prior to the dive. (i) Check the physical condition of the for each diver. diver; . (2) For each dive outside the no-de- § 1910.425 Surface-supplied air diving. (ii) Instruct the diver to report any compression limits, deeper than 100 fsw (a) General. Employers engaged in physical problems or adverse physiologi- or using mixed gas, the following addi- surface-supplied air diving shall comply cal effects including symptoms of de- tional information shall be recorded and with the following requirements, unless compression sickness; maintained: otherwise specified. (iii) Advise the diver of the location of (i) Depth-time and breathing gas pro- (b) Limits. (1) Surface-supplied air a decompression chamber which is ready files; diving shall not be conducted at depths for use; and (ii) Decompression table designation deeper than 190 fsw, except that dives (iv) Alert the diver to the potential (including modification); and . with bottom times of 30 minutes or less hazards of flying after diving. (iii) Elapsed time since last pressure may be conducted to depths of 220 fsw. (2) For any dive outside the no-de- exposure if less than 24 hours or repeti- (2) A decompression chamber shall be compression limits, deeper than 100 fsw tive dive designation for each diver. ready for use at the dive location for any or using mixed gas as a breathing mix- (3) For each dive in which decompres- dive outside the no-decompression limits ture, the employer shall instruct the diver sion sickness is suspected or symptoms or deeper than 100 fsw. to remain awake and in the vicinity of are evident, the following additional in- (3) A bell shall be used for dives with the decompression chamber which is at formation shall be recorded and main- an inwater decompression time greater the dive location for at least one hour tained: than 120 minutes, except when heavy after the dive (including decompression (i) Description of decompression sick- gear is worn or diving is conducted in or treatment as appropriate). ness symptoms (including depth and time physically confining spaces. (c) Recompression capability. (1) A of onset); and (c) Procedures. (1) Each diver shall decompression chamber capable of re- (ii) Description and results of treat- be continuously tended while in the compressing the diver at the surface to a ment. water. minimum of 165 fsw (6 ATA) shall be (e) Decompression procedure assess- (2) A diver shall be stationed at the available at the dive location for: ment. The employer shall: underwater point of entry when diving (i) Surface-supplied air diving to (1) Investigate and evaluate each in- is conducted in enclosed or physically depths deeper than 100 fsw and shallower cident of decompression sickness based confining spaces. than 220 fsw.; on the recorded information, considera- (ii) Mixed gas diving shallower than (3) Each diving operation shall have tion of the past performance of decom- a primary breathing gas supply suffi- 300 fsw; or pression table used, and individual sus- (iii) Diving outside the no-decompres- ceptibility; cient to support divers for the duration sion limits shallower than 300 fsw. of the planned dive including decom- (2) Take appropriate corrective action pression. (2) A decompression chamber capable to reduce the probability of recurrence or recompressing the diver at the surface of decompression sickness; and (4) For dives deeper than 100 fsw or to the maximum depth of the dive shall (3) Prepare a written evaluation of the outside the no-decompression limits: be available at the dive location for dives decompression procedure assessment, in- (i) A separate dive team member shall deeper than 300 fsw. cluding any corrective action taken, tend each diver in the water; (3) The decompression chamber shall within 45 days of the Incident of decom- (ii) A standby diver shall be available be: pression sickness. while a diver is in the water;

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37672 RULES AND REGULATIONS (iii) A diver-carried reserve breathing (i) Diving deeper than 100 fsw or out- six months by means of samples taken at gas supply shall be provided for each side the no-decompression limits; or the connection to the distribution sys- diver except when heavy gear is worn; (ii) Prevented by the configuration of tem, except that non-oil lubricated com- and the dive area from directly ascending pressors need not be tested for oil mist. (iv) A dive-location reserve breathing to the surface. (c) Breathing gas supply hoses. (1) gas supply shall be provided. Breathing gas supply hoses shall: (5) For heavy-gear diving deeper than § 1910.427 Liveboating. (i) Have a working pressure at least 100 fsw or outside the no-decompression (a) General. Employers engaged in equal to the working pressure of the to- limits: diving operations involving liveboating tal breathing gas system; (i) An extra breathing gas hose cap- shall comply with the following require- (ii) Have a rated bursting pressure at able of supplying breathing gas to the ments. least equal to 4 times the working pres- diver in the water shall be available to (b) Limits. Diving operations involv- sure; the standby diver. ing liveboating shall not be conducted: (ill) Be tested at least annually to 1.5 (ii) An inwater stage shall be provided (1) With an inwater decompression times their working pressure; and to divers in the water. time of greater than 120 minutes; (iv) Have their open ends taped, (6) Except when heavy gear is worn or (2) Using surface-supplied air at capped or plugged when not in use. where physical space does not permit, a depths deeper than 190 fsw, except that (2) Breathing gas supply hose con- diver-carried reserve breathing gas dives with bottom times of 30 minutes or nectors shall: supply shall be provided whenever the less may be conducted to depths of 220 (1) Be made of corrosion-resistant ma- diver is prevented by the configuration fsw; terials; of the dive area from ascending directly (3) Using mixed gas at depths greater (ii) Have a working pressure at least to the surface. than 220 fsw; equal to the working pressure of the (4) In rough seas which significantly § 1910.426 Mixed-gas diving. hose to which they are attached; and impede diver mobility or work function; (iii) Be resistant to accidental disen- (а) General. Employers engaged in or gagement. mixed-gas diving shall comply with the (5) In other than daylight hours. (3) Umbilicals shall: following requirements, unless otherwise (d) Procedures. (1) The propeller of (i) Be marked in 10-ft. increments to specified. the vessel shall be stopped before the 100 feet beginning at the diver’s end,

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 RULES AND REGULATIONS 37673 (3) Each decompression chamber shall ance with requirements of 29 CFR Part no case later than 6 months after the be equipped with: 1904. effective date of the standard. (i) Means to maintain the atmosphere (2) The employer shall record the oc- APPENDIX A below a level of 25% oxygen by volume; currence of any diving-related injury or (ii) Mufflers on intake and exhaust illness which requires any dive team EXAMPLES OF CONDITIONS WHICH MAY RESTRICT lines, which shall be regularly inspected member to be hospitalized for 24 hours OR LIMIT EXPOSURE TO HYPERBARIC CONDITIONS and maintained; or more, specifying the circumstances of The following disorders may restrict or (iii) Suction guards on exhaust line the incident and the extent of any in- limit occupational exposure to hyperbaric conditions depending on severity, presence openings; and juries or illnesses. of residual effects, response to therapy, (iv) A means for extinguishing fire, (b) Availability of records. (1) Upon number of occurrences, diving mode, or and shall be maintained to minimize the request of the Assistant Secretary of degree and duration of isolation. sources of ignition and combustible ma- Labor for Occupational Safety and History of seizure disorder other than terial. Health, or the Director, National Insti- early febrile convulsions. (g) Gauges and timekeeping devices. tute for Occupational Safety and Health, Malignancies (active) unless treated and (1) Gauges indicating diver depth which Department of Health, Education and without recurrence for 5 yrs. can be read at the dive location shall be Welfare or their designees, the employer Chronic Inability to equalize sinus and/or middle ear pressure. used for all dives except SCUBA. shall make available for inspection and Cystic or cavitary disease of the lungs. (2) Each depth gauge shall be dead- copying any record or document required Impaired organ function caused by alcohol weight tested or calibrated against a by this standard. or drug use. master reference gauge every six months, (2) Upon request of any employee, Conditions requiring continuous medica- and when there is a discrepancy greater former employee or authorized repre- tion for control (e.g., antihistamines, than two percent (2%) of full scale be- sentative, the employer shall make steroids, barbiturates, moodaltering drugs, tween any two equivalent gauges. available for inspection and copying any or Insulin). (3) A cylinder pressure gauge capable record or document required by this Meniere's disease. Hemoglobinopathies. of being monitored by the diver during standard which pertains to the individ- Obstructive or restrictive lung disease. the dive shall be worn by each SCUBA ual employee or former employee. Vestibular end organ destruction. diver. . (3) Records and documents required Pneumothorax. (4) A timekeeping device shall be by this standard shall be retained by the Cardiac abnormalities (e.g., pathological available at each dive location. employer for the following period: heart block, valvular disease, intraventricular (h) Masks and helmets. (1) Surface- (i) Dive team member medical records conduction defects other than Isolated right supplied air and mixed-gas masks and (physician’s reports) (§ 1910.411)—5 bundle branch block, angina pectoris, ar- helmets shall have: years; rhythmia, coronary artery disease). (i) A non-retum valve at the attach- (ii) Safe practices manual (§ 1910.- Juxta-artlcular osteonecrosis. ment point between helmet or mask and 420) —current document only; hose which shall close readily and posi- (iii) Depth-time profile (§ 1910.422)— PART 1915—SAFETY AND HEALTH tively; and until completion of the recording of REGULATIONS FOR SHIP REPAIRING (ii) An exhaust valve. dive, or until completion of decompres- 2. A new § 1915.59 is added to 29 CFR (2) Surface-supplied air masks and sion procedure assessment where there Part 1915 to read as follows: helmets shall have a minimum ventila- has been an incident of decompression tion rate capability of 4.5 acfm at any sickness; § 1915.59 Commercial diving opera- depth at which they are operated or the (iv) Recording of dive (§1910.423)— tions. capability of maintaining the diver’s in- 1 year, except 5 years where there has Commercial diving operations shall be spired" carbon dioxide partial pressure been an incident of decompression sick- subject to Subpart T of Part 1910, below 0.02 ATA when the diver is pro- ness; §§ 1910.401—1910.441, of this Chapter. ducing carbon dioxide at the rate of 1.6 (v) Decompression procedure assess- standard liters per minute. ment evaluations (§ 1910.423)—5 years; PART 1916—SAFETY AND HEALTH (i) Oxygen safety. (1) Equipment used (vi) Equipment inspections and test- REGULATIONS FOR SHIPBUILDING with oxygen or mixtures containing over ing records (§ 1910.430)—current entry forty percent (40%) by volume oxygen or tag, or until equipment is withdrawn 3. A new § 1916.59 is added to 29 CFR . shall be designed for oxygen service. from service; . Part 1916 to read as follows: (2) Components (except umbilicals) (vii) Records of hospitalizations § 1916.59 Commercial diving opera- exposed to oxygen or mixtures contain- (§ 1910.440)—5 years. tions. ing over forty percent (40%) by volume (4) After the expiration of the reten- Commercial diving operations shall be oxygen shall be cleaned of flammable tion period of any record required to be subject to Subpart T of Part 1910, materials before use. kept for 5 years, the employer shall for- §§ 1910.401-1910.441, of this Chapter. (3) Oxygen systems over 125 psig and ward such records to the National In- compressed air systems over 500 psig shall stitute for Occupational Safety and have slow-opening shut-off valves. Health, Department of Health, Educa- PART 1917—SAFETY AND HEALTH (j) Weights and harnesses. (1) Except tion, and Welfare. REGULATIONS FOR SHIPBREAKING when heavy gear is worn, divers shall (5) In the event the employer ceases to 4. A new § 1917.59 is added to 29 CFR be equipped with a weight belt or assem- do business: Part 1917 to read as follows: bly capable of quick release. (i) The successor employer shall re- (2) Except when heavy gear is worn or ceive and retain all dive and employee § 1917.59 Commercial diving opera- in SCUBA diving, each diver shall wear medical records required by this stand- tions. a safety harness with: ard; or Commercial diving operations shall be (i) A positive buckling device; (ii) If there is no successor employer, subject to Subpart T of Part 1910, (ii) An attachment point for the um- dive and employee medical records shall §§ 1910.401-1910.441, of this Chapter. bilical to prevent strain on the mask or be forwarded to the National Institute helmet; and. for Occupational Safety and Health, De- (iii) A lifting point to distribute the partment of Health, Education, and PART 1918—SAFETY AND HEALTH pull force of the line over the diver’s Welfare. REGULATIONS FOR LONGSHOR1NG body. § 1910.441 Effective date. 5. A new section 1918.99 of 29 CFR Rec ord kee ping Part 1918 is added to read as follows: This standard shall be effective on § 1910.440 Recordkeeping require- October 20, 1977, except that for pro- § 1918.99 Commercial diving opera- ments. visions where decompression chambers tions. (a) Recording and Reporting. (1) The or bells are required and such equipment Commercial diving operations shall be employer shall record and report occu- is not yet available, employers shall com- subject to Subpart T of Part 1910, pational injuries and illnesses in accord- ply as soon as possible thereafter but in §§ 1910.401-1910.441, of this chapter.

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 37674 RULES AND REGULATIONS

PART 1926—SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION 6. Paragraph (e) of § 1926.605 is amended to read as follows: § 1926.605 Marine operations and equipment. * * * * * (e) Commercial diving operations. Commercial diving operations shall be subject to Subpart T of Part 1910, §§ 1910.401-1910.441, of this Chapter.

PART 1928—SAFETY AND HEALTH STANDARDS FOR AGRICULTURE § 1928.21 [Amended] 7. Section 1928.21(b) of 29 CFR Part 1928 is amended by substituting the let- ter T for S in the fourth line of the paragraph. (Secs. 6, 8, 84 Stat. 1596, 1599 (29 U.S.C. 655, 657); Sec. 41, 44 Stat. 1444 (33 U.S.C. 941); Sec. 107, 83 Stat. 96 (40 U.S.C. 333); Secretary of Labor’s Order 8-76 (41 FR 25059); 29 CFR Part 1911). [FR Doc.77-20943 Filed 7-21-77;8:45 am]

FEDERAL REGISTER, VOL 42, NO. 141—FRIDAY, JULY 22, 1977 FRIDAY, JULY 22, 1977 PART IV

DEPARTMENT OF STATE

FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976

Applications for Permits To Fish Off the - Coasts of the United States