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

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

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A. Compliance Safety and Health Officers (CSHOs) shall not perform any type of diving<br />

during the course of an investigation or inspection without the prior approval of the<br />

Director, Directorate of Enforcement Programs.<br />

B. It is preferable that CSHOs be familiar with diving operations and equipment before<br />

conducting an inspection at a worksite that includes diving operations. More<br />

importantly, however, the CSHO should be familiar with other <strong>OSHA</strong> standards that<br />

may pertain to the worksite, such as: construction (e.g., pile driving, cranes and<br />

derricks); shipyard employment (e.g., dry-docking a vessel); and general industry<br />

(e.g., powerplant inspection and maintenance).<br />

C. Area Offices that have offshore activities may obtain Oil and Gas Development Maps<br />

for each State having such operations. These maps are available from the respective<br />

State for State territorial seas (example: in Alaska these maps are available from the<br />

Alaska Department of Natural Resources – Department of Oil and Gas), and from the<br />

U.S. Department of the Interior – Bureau of Ocean Energy Management Regulation<br />

and Enforcement (BOEMRE) (formally Minerals Management Service (MMS)) for<br />

coastal waters beyond State territorial seas.<br />

D. Normal variance procedures are in effect with respect to the diving standard. When<br />

employers indicate that they have a variance request pending that <strong>OSHA</strong> has not yet<br />

acted upon, a citation shall still be issued for any violation. The employer should be<br />

informed that the variance request will be taken into account in considering the<br />

proper abatement period or proposed penalty. Questions regarding variances shall be<br />

referred to <strong>OSHA</strong>’s National Office, Directorate of Technical Support and<br />

Emergency Management (DTSEM), Office of Technical Programs and Coordination<br />

Activities (OTPCA).<br />

XII.<br />

General Inspection Procedures.<br />

A. 29 CFR 1910.401 Scope and application.<br />

1. Scope.<br />

This standard applies (except as noted in section XII., paragraph A.5.b., of this<br />

instruction) to all commercial diving and related support operations subject to<br />

<strong>OSHA</strong> authority. As with all <strong>OSHA</strong> standards, the legal responsibility for<br />

compliance rests solely on the employer. Employers are expected to comply<br />

with all standards or parts of standards that apply to the tasks in which their<br />

employees are engaged.<br />

2. Authority.<br />

In general, <strong>OSHA</strong> authority over commercial diving operations is the same as<br />

<strong>OSHA</strong> authority over any other industry as expressed under Section 4(a) of the<br />

Occupational Safety and Health Act of 1970. Since <strong>OSHA</strong> covers all<br />

employment and places of employment within a State that is under Federal<br />

<strong>OSHA</strong> jurisdiction, the Act’s requirements apply to both inland commercial<br />

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