Commercial Diving Operations

OREGON OCCUPATIONAL

SAFETY AND HEALTH STANDARDS

Oregon Administrative Rules, Chapter 437

DIVISION 2 (29 CFR 1910)

GENERAL OCCUPATIONAL SAFETY & HEALTH RULES

SUBDIVISION T:

COMMERCIAL DIVING OPERATONS

(1910.401 - 1910.440)

Oregon Occupational Safety and Health Division (Oregon OSHA)

Department of Consumer and Business Services

Salem, Oregon 97301-3882

AO 1-2012

The Oregon Department of Consumer and Business Services adopted these rules pursuant to ORS 654.025(2).

The Secretary of State Designated OAR Chapter 437 as the “Oregon Occupational Safety and Health Code.” Six general subject areas within this code are designated as “Divisions.”

• Division 1 General Administrative Rules
• Division 2 General Occupational Safety and Health Rules
• Division 3 Construction
• Division 4 Agriculture
• Division 5 Maritime Activities
• Division 7 Forest Activities
• Oregon Revised Statutes (ORS) 654 The Oregon Safe Employment Act (OSEAct)

Oregon-initiated rules in this division of the Oregon Occupational Safety and Health Code are numbered in a uniform system developed by the Secretary of State. This system does not number the rules in sequence (001, 002, 003, etc.). Omitted numbers may be assigned to new rules at the time of their adoption.

Oregon-initiated rules are arranged in the following Basic Codification Structure adopted by the Secretary of State for Oregon Administrative Rules (OAR):

ChapterDivisionRuleSectionSubsection Paragraphs

4370020322(1)(a)(A)(i)(I)

The majority of Oregon OSHA codes are adopted by reference from the Code of Federal Regulations (CFR), and are arranged in the following basic federal numbering system:

ChapterDivisionPartSubpartSection Paragraphs

(Subdivision)

4370021910S.303(a)

The terms “subdivision” and “subpart” are synonymous within OAR 437, Oregon Occupational Safety and Health Code.

To obtain an order form or copies of these codes, address:

Department of Consumer & Business Services

Oregon Occupational Safety & Health Division (Oregon OSHA)

350 Winter St. NE, Room 430

Salem, OR 97301-3882

Or call the Oregon OSHA Resource Library at 503-378-3272

The rules referenced in this division are available for viewing in the Office of the Secretary of State, Administrative Rules and Office Document Section, Oregon State Archives Building, Salem, Oregon 97310, or the Central Office, Oregon Occupational Safety and Health Division of the Department of Consumer and Business Services, Room 430, 350 Winter St. NE Salem, OR 97301-3882. Please visit our web site at:

Oregon Administrative Rules
Oregon Occupational Safety
and Health Division / COMMERCIAL DIVING
OPERATIONS / T

NOTE: The following federal standards in Division 2/T, Commercial Diving, (29 CFR 1910.401 through .441) were adopted by reference by OR-OSHA Admin. Order 5-1993, filed 5/3/93, EFFECTIVE 6/1/93.

OAR 437, Division 86, Commercial Diving, was superseded and replaced on 6/1/93.

NOTE: Oregon OSHA adopted by reference corrections and technical amendments issued by federalOSHA and published in the Federal Register. Federal OSHA made simple corrections, deleted redundant provisions, and clarified and reorganized various other provisions throughout thestandards. OR-OSHA Admin. Order 4-1997, filed 4/2/97, effective 4/2/97.

NOTE: On February 17, 2004, February OSHA published in the Federal Register (69:7351-7366) final new rules for Commercial Diving, 1910.401(a)(3) and 1910.402.

Oregon OSHA adopts these rules in Division 2/T, Commercial Diving Operations (CDO). These changes allow employers of recreational diving instructors and diving guides to comply with an alternative set of requirements instead of the decompression-chamber requirements in the current CDO standards. The final rule applies only when these employees engage in recreational diving instruction and diving-guide duties; use an open-circuit, a semi-closed-circuit, or a closed-circuit self-contained underwater-breathing apparatus supplied with a breathing gas that has a high percentage of oxygen mixed with nitrogen; dive to a maximum depth of 130 feet of sea water; and remain within the no-decompression limits specified for the partial pressure of nitrogen in the breathing-gas mixture. These alternate requirements essentially are the same as the terms of a variance granted by Federal OSHA to Dixie Divers, Inc. in 1999.

OR-OSHA Admin. Order 2-2004, filed and effective May 20, 2004.

NOTE:Oregon OSHA adopted Federal OSHA changes as they appear in the April 3, 2006 Federal Register. These revisions include updating references and removing obsolete effective dates and startup dates from existing rules in General Industry, Construction, and Maritime Activities. Two changes Federal OSHA made that we do not include in this rulemaking are to remove effective dates in 1910.266 and 1926.1092, neither of which OR-OSHA had adopted before. OR-OSHA Admin. Order 4-2006, filed and effective 7/24/06.

NOTE: Oregon OSHA adopted changes to rules in general industry, construction, agriculture, and maritime. Federal OSHA published a number of rule changes in these industries in the June 8, 2011 Federal Register. This is Phase III of the Standards Improvement Project (SIP III), the third in a series of rulemaking by Federal OSHA to improve and streamline the standards. This removes or revises individual requirements within rules that are confusing, outdated, duplicative, or inconsistent.

Oregon OSHA adopted the majority of the federal changes that include:

• Personal Protective Equipment – Division 2/I, remove requirements that employers prepare and maintain written training certification records.
• Respiratory Protection – revise requirements for breathing-gas containers.
• Material Handling/Slings – revise standards in general industry, construction, and maritime standards.
• Commercial Diving Operations – Division 2/T, remove two obsolete recordkeeping requirements.
• General industry and construction – remove requirements in numerous standards for employers to transfer specific records to the National Institute for Occupational Safety and Health (NIOSH).
• Lead – amend trigger levels in general industry and construction.

In connection with rule changes in the SIP III rulemaking process, Oregon OSHA adopted additional changes to the subdivisions and rules opened during this rulemaking activity. We also made reference changes to Underground Installations in Division 3/P.

Oregon OSHA repealed all of Division 2/I rules with the exception of 1910.134 Respiratory Protection, 1910.137 Electrical Protective Equipment, 437-002-0138 Additional Oregon Rule for Electrical Protective Equipment, 437-002-0139 Working Underway on Water, and 437-002-1139 Working Over or In Water.

To replace them, we adopted new Oregon-initiated rule, 437-002-0134 Personal Protective Equipment, that includes sections covering scope/application, hazard assessment, equipment, training, payment, fall protection, clothing, high visibility garments, eye, head, foot, leg, hand and skin protection.

The change in format simplifies the existing text while making little change to the overall rule requirements with the following exceptions:

• Modifies the hazard assessment requirement to clarify that employers must identify hazards to the entire body, including the torso and extremities, when performing the assessment. The assessment is currently limited to head, hands, eyes and face and foot protection. Note: The assessment for eyes, face, head, hands, and feet are currently in effect. The torso and extremities (e.g. arms and legs) element of the body assessment will not be enforced until July 1, 2012.
• Change the fall protection component criteria to align with the systems criteria found in 1926.502 of the construction standards. The training requirement in this rule would also cover those parts not previously covered, such as fall protection.

Subdivision TT-1Notes

Oregon Administrative Rules
Oregon Occupational Safety
and Health Division / COMMERCIAL DIVING
OPERATIONS / T

Definition of “potable water”:

Previously, Oregon OSHA did not adopt 1910.141(a)(1), so the SIP-III changes to the definition of potable water must be addressed through Oregon-initiated rules. We will maintain the current definition of potable water in Division 2/J, 437-002-0141(1)(a), Sanitation and Division 4/J, 437-004-1105(1)(b), Sanitation.However, for consistency, we changed the definition of potable water in Division 4/J, 437-004-1110, Field Sanitation for Hand Labor Work, and Division 3/D, 437-003-0015 Drinking Waterto the same definition.

MOCA -- 4,4’-Methylene bis (2-chloroaniline):

As a logical extension of the Federal OSHA SIP-III changes to 29 CFR 1910.1003, 13 Carcinogens, we amended the Oregon Rules for MOCA (4,4’-Methylene bis (2-chloroaniline))at Division 2/Z, 437-002-0364. The requirements for respiratory protection are updated and the requirements for transfer of records is simplified. Most transfer of medical records to NIOSH is eliminated with the SIP III rulemaking. The employer is required to follow the requirements of the Respiratory Protection rule and select appropriate respirators based on the selection criteria in 1910.134(d). (The type of respirator to use is no longer specified.) We will also remove and reserve 437-002-0364(6)(a) which had a reporting requirement end date of December 1974.

This is Oregon OSHA Administrative Order 4-2011, adopted and effective December 8, 2011.

NOTE: This rulemaking is to keep Oregon OSHA in harmony with recent changes to Federal OSHA’s standards.

Federal OSHA published in the December 27, 2011 Federal Register corrections of typographical errors and non-substantive technical amendments to a number of standards in general industry, construction, and shipyard employment. The technical amendments include updating or revising cross-references. These revisions do not affect the substantive requirements or coverage of those standards, do not modify or revoke existing rights or obligations, and do not establish new rights or obligations.

Oregon OSHA adopts these corrections and amendments to the standards Oregon has adopted previously to reflect federal OSHA’s changes. We are also making rule reference changes in a number of standards to reflect the newly adopted OAR 437-002-0134 Personal Protective Equipment.

This is Oregon OSHA Administrative Order 1-2012, adopted and effective April 10, 2012.

Oregon-initiated rules are printed in italics.

Subdivision TT-1Notes

Oregon Administrative Rules
Oregon Occupational Safety
and Health Division / COMMERCIAL DIVING
OPERATIONS / T

TABLE OF CONTENTS

437-002-0340Adoption by Reference...... T-1

1910.401Scope and Application...... T-3

1910.402Definitions...... T-5

437-002-0342Additional Oregon Definition...... T-5

1910.410Qualifications of Dive Team...... T-9

1910.420Safe Practices Manual...... T-11

1910.421Pre-Dive Procedures...... T-13

437-002-0345Inland Emergency Aid...... T-13

1910.422Procedures During Dive...... T-15

1910.423Post-Dive Procedures...... T-17

1910.424Scuba Diving...... T-21

1910.425Surface-Supplied Air Diving...... T-23

1910.426Mixed-Gas Diving...... T-24

1910.427Liveboating...... T-25

1910.430Equipment...... T-27

437-002-0355Air Supply Systems (Compressed Gases and Air)...... T-27

1910.440Recordkeeping Requirements...... T-33

Appendix A to Subdivision T – Examples of Conditions Which May Restrict or Limit Exposureto Hyperbaric Conditions T-35

Appendix B to Subdivision T – Guidelines for Scientific Diving...... T-37

Appendix C to Subdivision T – Alternative Conditions under §1910.401(a)(3) for RecreationalDiving Instructors and Diving Guides (Mandatory) T-39

Subdivision TT-1Table of Contents

Oregon Administrative Rules
Oregon Occupational Safety
and Health Division / COMMERCIAL DIVING
OPERATIONS / T

OAR 437, DIVISION 2

GENERAL OCCUPATIONAL SAFETY AND HEALTH RULES

SUBDIVISION T – COMMERCIAL DIVING OPERATIONS

437-002-0340 Adoption by Reference. In addition to, and not in lieu of, any other safety and health codes contained in OAR Chapter 437, the Department adopts by reference the following federal regulations printed as part of the Code of Federal Regulations, 29 CFR 1910, in the Federal Register:

(1) 29 CFR 1910.401 Scope and application, published 2/17/04, FR vol. 69, p. 7351.

(2) 29 CFR 1910.402 Definitions, published 2/17/04, FR vol. 69, p. 7351.

(3) 29 CFR 1910.410 Qualification of dive team, published 7/22/77, Federal Register, vol. 42, p. 37668.

(4) 29 CFR 1910.420 Safe practices manual, published 4/30/84, FR vol. 49, p. 18295.

(5) 29 CFR 1910.421 Pre-dive procedures, published 6/7/89, FR vol. 54, p. 24334.

(6) 29 CFR 1910.422 Procedures during dive, published 7/22/77, Federal Register, vol. 42, p. 37668.

(7) 29 CFR 1910.423 Post-dive procedures, published 4/30/84, FR vol. 49, p. 18295.

(8) 29 CFR 1910.424 SCUBA diving, published 7/22/77, Federal Register, vol. 42, p. 37668.

(9) 29 CFR 1910.425 Surface-supplied air diving, published 7/22/77, Federal Register, vol. 42, p. 37668.

(10) 29 CFR 1910.426 Mixed-gas diving, published 7/22/77, Federal Register, vol. 42, p. 37668.

(11) 29 CFR 1910.427 Liveboating, published 7/22/77, Federal Register, vol. 42, p. 37668.

(12) 29 CFR 1910.430 Equipment, published 9/18/88, FR, vol. 51, p. 33033.

(13) 29 CFR 1910.440 Recordkeeping requirements, published 12/27/11, FR vol. 76, no. 248, p. 80735.

(14) 29 CFR 1910, Appendix A to Subdivision T, Examples of conditions which may restrict or limit exposures to hyperbaric conditions, published 7/22/77, Federal Register, vol. 42, p. 37668.

(15) 29 CFR 1910, Appendix B to Subdivision T, Guidelines for scientific diving, published 1/9/85, Federal Register, vol. 50, p. 1050.

(16) 29 CFR 1910, Appendix C to Subdivision T, Alternative Conditions under §1910.401(a)(3) for Recreational Diving Instructors and Diving Guides (Mandatory), published 2/17/04, Federal Register, vol. 69, p. 7351.

These rules are available at the Oregon Occupational Safety and Health Division, Oregon Department of Consumer and Business Services, and the United States Government Printing Office.

Stat. Auth.: ORS 654.025(2) and 656.726(4).

Stats. Implemented: ORS 654.001 through 654.295.

Hist:OR-OSHA Admin. Order 5-1993, f. 5/3/93, ef. 6/1/93.

OR-OSHA Admin. Order 4-1997, f. 4/2/97, ef. 4/2/97.

OR-OSHA Admin. Order 2-2004, f. 5/20/04, ef. 5/20/04.

OR-OSHA Admin. Order 4-2006, f. 7/24/06, ef. 7/24/06.

OR-OSHA Admin. Order 4-2011, f. 12/8/11, ef. 12/8/11.

OR-OSHA Admin. Order 1-2012, f. 4/10/12, ef. 4/10/12.

437-002-0340T-1(1) – (12)

Oregon Administrative Rules
Oregon Occupational Safety
and Health Division / SCOPE & APPLICATION / T

SUBDIVISION T

COMMERCIAL DIVING OPERATIONS

SUBDIVISION T – COMMERCIAL DIVING OPERATIONS

Authority: 29 U.S.C. 653, 655, 657; 40 U.S.C. 333; 33 U.S.C. 941; Secretary of Labor's Order No. 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355) as applicable, and 29 CFR 1911.

General

§1910.401 Scope and Application.

(a)Scope.

(1)This subdivision (standard) applies to every place of employment within the waters of the United States, or within any State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the Pacific Islands, Wake Island, Johnston Island, the Canal Zone, or within the Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act (67 Stat. 462, 43 U.S.C. 1331), where diving and related support operations are performed.

(2)This standard applies to diving and related support operations conducted in connection with all types of work and employments, including general industry, construction, ship repairing, shipbuilding, shipbreaking and longshoring. However, this standard does not apply to any diving operation:

(i)Performed solely for instructional purposes, using open-circuit, compressed-air SCUBA and conducted within the no-decompression limits;

(ii)Performed solely for search, rescue, or related public safety purposes by or under the control of a governmental agency; or

(iii)Governed by 45 CFR Part 46 (Protection of Human Subjects, U.S. Department of Health and Human Services) or equivalent rules or regulations established by another federal agency, which regulate research, development, or related purposes involving human subjects.

(iv)Defined as scientific diving and which is under the direction and control of a diving program containing at least the following elements:

(A)Diving safety manual which includes at a minimum: Procedures covering all diving operations specific to the program; procedures for emergency care, including recompression and evacuation; and criteria for diver training and certification.

(B)Diving control (safety) board, with the majority of its members being active divers, which shall at a minimum have the authority to: Approve and monitor diving projects; review and revise the diving safety manual; assure compliance with the manual; certify the depths to which a diver has been trained; take disciplinary action for unsafe practices; and, assure adherence to the buddy system (a diver is accompanied by and is in continuous contact with another diver in the water) for SCUBA diving.

(3)Alternative requirements for recreational diving instructors and diving guides. Employers of recreational diving instructors and diving guides are not required to comply with the decompression-chamber requirements specified by paragraphs (b)(2) and (c)(3)(iii) of Sec. 1910.423 and paragraph (b)(1) of Sec. 1910.426 when they meet all of the following conditions:

(v)The instructor or guide is engaging solely in recreational diving instruction or dive-guiding operations;

(vi)The instructor or guide is diving within the no-decompression limits in these operations;

(vii)The instructor or guide is using a nitrox breathing-gas mixture consisting of a high percentage of oxygen (more than 22% by volume) mixed with nitrogen;

(viii)The instructor or guide is using an open-circuit, semi-closed-circuit, or closed-circuit self-contained underwater breathing apparatus (SCUBA); and

(ix)The employer of the instructor or guide is complying with all requirements of Appendix C of this subpart.

(b)Application in emergencies. An employer may deviate from the requirements of this standard to the extent necessary to prevent or minimize a situation which is likely to cause death, serious physical harm, or major environmental damage, provided that the employer:

(1)Notifies the Area Director, Occupational Safety and Health Administration within 48hours of the onset of the emergency situation indicating the nature of the emergencyand extent of the deviation from the prescribed regulations; and

(2)Upon request from the Area Director, submits such information in writing.

(c)Employer obligation. The employer shall be responsible for compliance with:

(1)All provisions of this standard of general applicability; and

(2)All requirements pertaining to specific diving modes to the extent diving operations in such modes are conducted.

Stat. Auth.: ORS 654.025(2) and 656.726(4).

Stats. Implemented: ORS 654.001 through 654.295.

Hist:OR-OSHA Admin. Order 5-1993, f. 5/3/93, ef. 6/1/93.

OR-OSHA Admin. Order 2-2004, f. 5/20/04, ef. 5/20/04.

1910.401T-1(a)(1) – (a)(2)(iv)

Oregon Administrative Rules
Oregon Occupational Safety
and Health Division / DEFINITIONS /
ADDITIONALOREGON DEFINITION / T

§1910.402 Definitions.

As used in this standard, the listed terms are defined as follows:

Acfm: Actual cubic feet per minute.

ASME Code or equivalent: ASME (American Society of Mechanical Engineers) Boiler and Pressure Vessel Code, Section VIII, or an equivalent code which the employer can demonstrate to be equally effective.

ATA: Atmosphere absolute.

Bell: An enclosed compartment, pressurized (closed bell) or unpressurized (open bell), which allows the diver to be transported to and from the underwater work area and which may be used as a temporary refuge during diving operations.

Bottom time: The total elapsed time measured in minutes from the time when the diver leaves the surface in descent to the time that the diver begins ascent.

Bursting pressure: The pressure at which a pressure containment device would fail structurally.

Cylinder: A pressure vessel for the storage of gases.

Decompression chamber: A pressure vessel for human occupancy such as a surface decompression chamber, closed bell, or deep diving system used to decompress divers and to treat decompression sickness.

Decompression sickness: A condition with a variety of symptoms which may result from gas or bubbles in the tissues of divers after pressure reduction.

Decompression table: A profile or set of profiles of depth-time relationships for ascent rates and breathing mixtures to be followed after a specific depth-time exposure or exposures.

437-002-0342 Additional Oregon Definition.

Depth – The actual depth of the dive measured in feet below the water’s surface. For purposes of determining pressure equivalents, these measurements are assumed to be salt water at 0.445 pounds per square inch per foot of depth (0.445 psi/ft depth). Fresh water equals 0.432 psi/ft depth.

Stat. Auth.: ORS 654.025(2) and 656.726(4).

Stats. Implemented: ORS 654.001 through 654.295.

Hist:OR-OSHA Admin. Order 5-1993, f. 5/3/93, ef. 6/1/93.

OR-OSHA Admin. Order 2-2004, f. 5/20/04, ef. 5/20/04.

Dive-guiding operations means leading groups of sports divers, who use an open-circuit, semi-closed-circuit, or closed-circuit self-contained underwater breathing apparatus, to local undersea diving locations for recreational purposes.