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DIRECTIVE NUMBER: CPL 02-00-151 EFFECTIVE DATE ... - OSHA

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0761 Farm Labor Contractors 1<strong>151</strong>15 Farm Labor Contractors<br />

and Crew Leaders<br />

and Crew Leaders<br />

0762 Farm Management Services 1<strong>151</strong>16 Farm Management Services<br />

NOTE: The classification of aquaculture industry operations depends upon specific<br />

conditions. Operations that are part of the controlled growing and harvesting of fish,<br />

shellfish, and plants in fresh, brackish, and marine waters are covered by the <strong>OSHA</strong><br />

standards for agriculture, 29 CFR Part 1928. Any aquaculture operations that are not<br />

uniquely agricultural and not part of the controlled growing and harvesting of fish, shellfish,<br />

and plants would be covered by 29 CFR Part 1910, Subpart T – Commercial Diving<br />

Operations. Other types of diving activities (such as inspecting and maintaining underwater<br />

piping equipment) also are covered by 29 CFR Part 1910, Subpart T. Diving operations<br />

conducted by agricultural employees engaged in employments under the above-listed SIC or<br />

NAICS codes may not be covered by 29 CFR Part 1910, Subpart T. Contractors of<br />

agricultural employers who do not fall within these SIC or NAICS codes are covered by 29<br />

CFR Part 1910, General Industry Standards.<br />

4. Precedence of Standards.<br />

When a provision of 29 CFR Part 1910, Subpart T, differs or conflicts with any<br />

other <strong>OSHA</strong> standard, the requirements of 29 CFR Part 1910, Subpart T, shall<br />

take precedence when applied to diving operations. The CSHO should review<br />

29 CFR 1910.5 for guidance before issuing a citation for a violation of a general<br />

industry standard to an employer engaged in diving operations. Questions<br />

regarding this procedure shall be referred to <strong>OSHA</strong>’s National Office,<br />

Directorate of Enforcement Programs.<br />

5. Citing Standards.<br />

a. The proper standards to cite for violations shall be determined by the type of<br />

work that the diving operation requires. For example:<br />

i. Repairs on a vessel requiring a diver to examine damage to the hull.<br />

These violations would be cited, as appropriate, under 29 CFR Part<br />

1910, Subpart T (see 1910.401 – 1910.441).<br />

NOTE: 29 CFR Part 1910, Subpart T – Commercial Diving Operations,<br />

is incorporated into 29 CFR Part 1915 by 29 CFR 1915.6 (see <strong>CPL</strong> <strong>02</strong>-<br />

<strong>00</strong>-142, Shipyard “Tool Bag” Directive).<br />

ii. Maintenance work requiring a diver to enter a sewer line to free debris<br />

from a strainer. These violations would be cited, as appropriate, under<br />

29 CFR Part 1910, Subpart T (see 1910.401 – 1910.441).<br />

iii. Work on a dock that requires a diver to perform construction work<br />

(construction work includes the actual erection, alteration, and repair of<br />

the dock). These violations would be cited under 29 CFR Part 1926,<br />

7

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