[Federal Register: February 5, 2008 (Volume 73, Number 24)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0087]
Standard on Commercial Diving Operations; Extension of the Office
of Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified in
its Standard on Commercial Diving Operations (29 CFR part 1910, subpart
DATES: Comments must be submitted (postmarked, sent, or received) by
April 7, 2008.
ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0087, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2007-0087). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov.
For further information on submitting comments see the "Public
Participation" heading in the section of this notice titled SUPPLEMENTARY
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
The Subpart contains a number of paperwork requirements. The
following paragraphs describe these requirements.
Section 1910.401(b). Allows employers to deviate from the
requirements of the Subpart to the extent necessary to prevent or
minimize a situation that is likely to cause death, serious physical
harm, or major environmental damage (but not situations in which purely
economic or property damage is likely to occur). They must notify the
OSHA Area Director within 48 hours of taking such action; this
notification must describe the situation responsible for the deviation
and the extent of the deviation from the requirements. On request of
the Area Director, employers must submit this information in writing.
Sections 1910.410(a)(3) and (a)(4). Paragraph (a)(3) requires
employers to train all dive team members in cardiopulmonary
resuscitation and first aid (i.e., the American Red Cross standard
course or equivalent), while paragraph (a)(4) specifies that employers
train dive team members exposed to hyperbaric conditions, or who
control exposure of other employees to such conditions, in diving-
related physics and physiology.
Sections 1910.420(a). Under paragraph (a), employers must develop
and maintain a safe practices manual and make it available to each dive
team member at the dive location. In addition, for each diving mode
used at the dive location, the manual must contain: Safety procedures
and checklists for diving operations; assignments and responsibilities
of the dive team members; equipment procedures and checklists; and
emergency procedures for fire, equipment failures, adverse
environmental conditions, and medical illness and injury.
Section 1910.421(b). Under this provision, employers are to keep at
the dive location a list of telephone or call numbers for the following
emergency facilities and services: An operational decompression chamber
(if such a chamber is not at the dive location); accessible hospitals;
available physicians and means of emergency transportation; and the
nearest U.S. Coast Guard Rescue Coordination Center.
Section 1910.421(f). Requires employers to brief dive team members
on the diving-related tasks they are to perform, safety procedures for
the diving mode used at the dive location, any unusual hazards or
environmental conditions likely to affect the safety of the diving
operation, and any modifications to operating procedures necessitated
by the specific diving operation. Before assigning diving-related
tasks, employers must ask each dive team member about their current
state of physical fitness, and inform the member about the procedure
for reporting physical problems or adverse physiological effects during
and after the dive.
Section 1910.421(h). If the diving operation occurs in an area
capable of supporting marine traffic and occurs from a surface other
than a vessel, employers are to display a rigid replica of the
international code flag "A" that is at least one meter in height so
that it is visible from any direction; the employer must illuminate the
flag during night diving operations.
Section 1910.422(e). Employers must develop and maintain a depth-
time profile for each diver that includes, as appropriate, any
breathing gas changes or decompression.
Sections 1910.423(b)(1)(ii) through (b)(2). Requires the employer
to: Instruct the diver to report any physical symptoms or adverse
physiological effects, including symptoms of decompression sickness
(DCS); advise the diver of the location of a decompression chamber that
is ready for use; and alert the diver to the potential hazards of
flying after diving. For any dive outside the no-decompression limits,
deeper than 100 feet, or that uses mixed gas in the breathing mixture,
the employer must also inform the diver to remain awake and in the
vicinity of the decompression chamber that is at the dive location for
at least one hour after the dive or any decompression or treatment
associated with the dive.
Section 1910.423(d). Paragraph (d)(1) specifies that employers are
to record and maintain the following information for each diving
operation: The names of dive-team members; date, time, and location;
diving modes used; general description of the tasks performed; an
estimate of the underwater and surface conditions; and the maximum
depth and bottom time for each diver. In addition, for each dive
outside the no-decompression limits, deeper than 100 feet, or that uses
mixed gas in the breathing mixture, paragraph (d)(2) requires the
employer to record and maintain the following information for each
diver: Depth-time and breathing gas profiles; decompression table
designation (including any modifications); and elapsed time since the
last pressure exposure if less than 24 hours or the repetitive dive
designation. Under paragraph (d)(3), if the dive results in DCS
symptoms, or the employer suspects that a diver has DCS, the employer
must record and maintain a description of the DCS symptoms (including
the depth and time of symptom onset) and the results of treatment.
Section 1910.423(e). Requires employers to assess each DCS incident
by: Investigating and evaluating it based on the recorded information,
consideration of the past performance of the decompression profile
used, and the diver's individual susceptibility to DCS; taking
appropriate corrective action to reduce the probability of a DCS
recurrence; and, within 45 days of the DCS incident, preparing a
written evaluation of this assessment, including any corrective action
Sections 1910.430(a), (b)(4), (c)(1)(ii), (c)(3)(i), (f)(3)(ii),
and (g)(2). Description of the requirements. Paragraph (a) contains a
general requirement that employers must record by means of tagging or a
logging system any work performed on equipment, including any
modifications, repairs, tests, calibrations, or maintenance performed
on the equipment. This record is to include a description of the work,
the name or initials of the individual who performed the work, and the
date they completed the work.
Paragraphs (b)(4) and (c)(1)(iii) require employers to test two
specific types of equipment, including, respectively: The output of air
compressor systems used to supply breathing air to divers for air
purity every six months by means of samples taken at the connection to
the distribution system; and breathing-gas hoses at least annually at
one and one-half times their working pressure. Under paragraph
(c)(3)(i), employers must mark each umbilical (i.e., separate lines
supplying air and communications to a diver, as well as a safety line,
tied together in a bundle), beginning at the diver's end, in 10-foot
increments for 100 feet, then in 50-foot increments. Paragraph
(f)(3)(ii) mandates that employers regularly inspect and maintain
mufflers located in intake and exhaust lines on decompression chambers.
According to paragraph (g)(2), employers are to test depth gauges using
dead-weight testing, or calibrate the gauges against a master reference
gauge; such testing or calibration is to occur every six months or if
the employer finds a discrepancy larger than two percent of the full
scale between any two equivalent gauges. Employers must make a record
of the tests, calibrations, inspections, and maintenance performed on
the equipment specified by these paragraphs in accordance with section
Sections 1910.440(a)(2) and (b). Under paragraph (a)(2) of this
provision, employers must record any diving-related injuries or
illnesses that result in a dive-team member remaining in hospital for
at least 24 hours. This record is to describe the circumstances of the
incident and the extent of any injuries or illnesses.
Paragraph (b) of this provision regulates the availability of the
records required by the Subpart, including who has access to these
records, the retention periods for various records, and, in some cases,
the final disposition of the records. Under paragraph (b)(1), employers
must make any record required by the subpart available, on request, for
inspection and copying to an OSHA compliance officer or to a
representative of the National Institute for Occupational Safety and
Health (NIOSH). Paragraph (b)(2) specifies that employers are to
provide employees, their designated representatives, and OSHA
compliance officers with exposure and medical records generated under
the Subpart in accordance with Sec. 1910.1020 ("Access to employee
exposure and medical records"); these records include safe practices
manuals, depth-time profiles, diving records, DCS incident assessments,
and hospitalization records. This paragraph also mandates that
employers make equipment inspection and testing records available to
employees and their designated representative on request.
According to paragraph (b)(3), employers must retain these records
for the following periods: Safe practices manuals, current document
only; depth-time profiles, until completing the diving record or the
DCS incident assessment; diving records, one year, except five years if
a DCS incident occurred during the dive; DCS incident assessments, five
years; hospitalization records, five years; and equipment inspections
and testing records, current tag or log entry until the employer
removes the equipment from service. Paragraphs (b)(4) and (b)(5)
specify the requirements for disposing of these records. Under
paragraph (b)(4), employers are to forward any record with an expired
five-year retention period to NIOSH. Paragraph (b)(5) states that
employers who cease to do business must transfer records without
unexpired retention dates to the successor employer who will retain
them for the required period; however, if the employers cease to do
business without a successor employer, they must transfer the records
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on Commercial Diving
Operations (29 CFR part 1910, subpart T). The Agency is requesting to
retain its current burden hour total of 205,397 associated with this
Subpart; however, it is adding a cost of $2,765 for employers to
transfer records to the National Institute for Occupational Safety and
Health. The Agency will summarize the comments submitted in response to
this notice and will include this summary in the request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Standard on Commercial Diving Operations (29 CFR part 1910,
OMB Number: 1218-0069.
Affected Public: Business or other for-profits.
Number of Respondents: 3,000.
Frequency: On occasion; annually.
Average Time per Response: Varies from 3 minutes (.05 hour) to
replace the safe practices manual to 1 hour to develop a new manual.
Estimated Total Burden Hours: 205,397.
Estimated Cost (Operation and Maintenance): $2,765.
IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (Fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0087). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
Comments and submissions are posted without change at http://www.regulations.gov.
Therefore, OSHA cautions commenters about submitting personal information
such as social security numbers and date of birth. Although all submissions
are listed in the http://www.regulations.gov
index, some information (e.g., copyrighted material) is not publicly available
to read or download through this website. All submissions, including
copyrighted material, are available for inspection and copying at the
OSHA Docket Office. Information on using the http://www.regulations.gov
website to submit comments and access the docket is available at the
website's "User Tips" link. Contact the OSHA Docket Office for information
about materials not available through the website, and for assistance
in using the Internet to locate docket submissions.
V. Authority and Signature
Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
Signed at Washington, DC, on January 30, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-2061 Filed 2-4-08; 8:45 am]
BILLING CODE 4510-26-P