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

provision of the standard. These incidents shall be closely monitored to
ensure that this provision is not abused. A pattern of repeated deviations
shall be cause for an inspection.
b. This emergency provision does not apply to situations involving only
economic or property damage.
9. Federal and State Authority.
a. All State-Plan States have promulgated a commercial diving standard either
identical to 29 CFR Part 1910, Subpart T, or at least as effective as the
OSHA standard (California, Michigan, Oregon, and Washington have State
diving standards that differ from OSHA’s). (A description of any
differences will be made available by these State-Plan States to affected
employers and employees through the State-Plan States’ website or other
means.)
b. Federal OSHA enforces its diving standard whenever commercial diving
operations are being conducted by private-sector employees in States under
Federal OSHA enforcement authority, and in maritime operations not
covered by a State-Plan State (see the appropriate subpart of 29 CFR Part
1952). The dive location (see section XII., paragraph B.11., of this
instruction) determines which entity has authority. Federal OSHA does not
have authority over State and local government employees.
c. States with approved plans enforce the diving standard: when commercial
diving operations are being conducted by private-sector employees not
engaged in shipyard employment or marine terminal activities (e.g.,
equipment repair, sewer maintenance, or construction); in maritime
operations (i.e., shipyard employment and marine terminals) as provided by
their plans in California, Minnesota, Vermont, and Washington; and with
regard to State and local government employees (see, however, the
exemption for search, rescue, and related public-safety diving by or under
the control of a government agency in Appendix C of this instruction).
NOTE: See Appendix B of this instruction for additional information
related to OSHA’s jurisdiction.
B. 29 CFR 1910.402 Definitions.
1. Acfm: Actual cubic feet per minute.
2. 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.
NOTE: “Equivalent” means equipment that is designed, built, and maintained
to standards that will provide employees with at least the same level of
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