U.S. Department of Labor
Occupational Safety and Health Administration
Preclearance Supporting Statement -1218-0069
SUPPORTING STATEMENT FOR THE
INFORMATION COLLECTION REQUIREMENTS OF THE
COMMERCIAL DIVING OPERATIONS STANDARD (29 CFR part 1910, subpart T)1
OFFICE OF MANAGEMENT AND BUDGET (OMB)
Control No. 1218-0069 (February 2025)
This is a request to extend a currently approved data collection.
A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
The main purpose of the Occupational Safety and Health Act (i.e. “OSH Act” or “Act”) is to “assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources” (29 U.S.C. 651). To achieve this objective, the OSH Act specifically authorizes “the development and promulgation of occupational safety and health standards” (29 U.S.C. 651). Specifically, the Act states that “[t]he Secretary shall set the standard which most adequately assures, to the extent feasible . . . that no worker will suffer material impairment of health or functional capacity . . .” (29 U.S.C. 655).
The OSH Act specifies that “[a]ny standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to insure that workers are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. Where appropriate, such standard shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards . . .” (29 U.S.C. 655). The Act continues by stating, “[W]here appropriate, any such standard shall prescribe the type and frequency of medical examinations or other tests . . . in order to most effectively determine whether the health of such workers is adversely affected by such exposure” (29 U.S.C. 655). Finally, the Act requires that “[e]ach employer shall make, keep and preserve, and make available to the Secretary . . . such records . . . as the Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of this Act . . .” (29 U.S.C. 657).
Under the authority granted by the OSH Act, the Occupational Safety and Health Administration (“OSHA” or “Agency”) published standards regulating commercial diving operations at 29 CFR part 1910, subpart T; the “Subpart”). The Subpart applies to diving and related support operations conducted by employers involved in general industry, construction, ship repairing, shipbuilding, shipbreaking, and longshoring, and specifies equipment and procedures that prevent injury and death among workers exposed to hazards associated with diving and diving support operations. Items 2 and 12 below describe in detail the specific information collection requirements of the Subpart.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
The Subpart contains a number of paperwork requirements. The following paragraphs describe these requirements; specify who uses them, and what purpose they serve.
§ 1910.401(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 48 hours of the onset of the emergency situation indicating the nature of the emergency and extent of the deviation from the prescribed regulations; and
(2) Upon request from the Area Director, submits such information in writing.
Use and purpose. Employers use this provision to respond to unexpected and sudden emergencies that could cause serious injury or death to their workers, or prevent major harm to the environment. Notification allows OSHA to determine that the situation was serious and unusual, required immediate action not specified by the Subpart, and that the response was appropriate to prevent serious injury or death to workers or major harm to the environment.
OSHA considers the employers’ responses to unexpected and sudden emergencies to be usual and customary communications. Therefore, OSHA is taking no burden hours or cost for this requirement.
§§ 1910.410(a)(3) and (a)(4).
Qualifications of dive team.
* * * * *
(3) All dive team members shall be trained in cardiopulmonary resuscitation and first aid (American Red Cross standard course or equivalent).
(4) Dive team members who are exposed to or control the exposure of others to hyperbaric conditions shall be trained in diving-related physics and physiology.
Use and purpose. The purpose of ensuring that employees have cardiopulmonary resuscitation, first aid, and diving-related physics and physiology training is to enable workers to take the precautions necessary for safe diving operations by establishing a minimum competency for dive team members. Requirements that employers provide training to workers are not considered to be collections of information. Therefore, OSHA does not take burden for this activity under Item 12 of this Supporting Statement.
§§ 1910.420(a) and (b).
Safe practices manual.
(a) The employer shall develop and maintain a safe practices manual which shall be made available at the dive location to each dive team member.
(b)(1) The safe practices manual shall contain a copy of this standard and the employer's policies for implementing the requirements of this standard.
(b)(2) For each diving mode engaged in, the safe practices manual shall include:
(i) Safety procedures and checklists for diving operations;
(ii) Assignments and responsibilities of the dive team members;
(iii) Equipment procedures and checklists; and
(iv) Emergency procedures for fire, equipment failure, adverse environmental conditions, and medical illness and injury.
Use and purpose. The safe practices manual ensures that dive team members are familiar with the employer’s safety and emergency procedures, the functions each member is to perform during diving operations conducted at the dive location, and how these procedures and functions relate to the requirements of the Subpart. This knowledge enables dive team members to perform their diving-related tasks effectively and safely; thereby, reducing the risk of serious injury or death.
§ 1910.421(b).
Emergency aid. A list shall be kept at the dive location of the telephone or call numbers of the following:
(1) An operational decompression chamber (if not at the dive location);
(2) Accessible hospitals;
(3) Available physicians;
(4) Available means of transportation; and
(5) The nearest U.S. Coast Guard Rescue Coordination Center.
Use and purpose: This list of telephone and call numbers ensures that emergency facilities and services are available to provide prompt medical care for an injured diver.
OSHA has determined the list requirement in Sec. 1910.421(b) is not a collection of information because the provision of emergency aid contact information is usual and customary communications. Therefore, OSHA is taking no burden hours or cost for this requirement.
§ 1910.421(f).
Employee briefing.
(1) Dive team members shall be briefed on:
(i) The tasks to be undertaken;
(ii) Safety procedures for the diving mode;
(iii) Any unusual hazards or environmental conditions likely to affect the safety of the diving operation; and
(iv) Any modifications to operating procedures necessitated by the specific diving operation.
(2) Prior to making individual dive team member assignments, the employer shall inquire into the dive team member's current state of physical fitness and indicate to the dive team member the procedure for reporting physical problems or adverse physiological effects during and after the dive.
Use and purpose. The purpose that each employee has training is to enable divers to take precautions necessary to prevent serious bodily injury or death. Requirements that employers provide training to workers are not considered to be a collection of information. Therefore, OSHA does not take burden or cost for this activity.
§ 1910.421(h).
Warning signal. When diving from surfaces other than vessels in areas capable of supporting marine traffic, a rigid replica of the international code flag “A” at least one meter in height shall be displayed at the dive location in a manner which allows all-round visibility, and shall be illuminated during night diving operations.
Use and purpose. The flag warns transiting vessels that diving operations are underway and to avoid the diving location, thereby protecting divers from impacting with a vessel while they are underwater or swimming on the surface.
Under PRA, information originally supplied to the recipient for the purpose of disclosure of information to the public is not considered to be a collection of information (5 CFR 1320.3(c)(2)). The agency has determined that the warning signals required by paragraph Sec. 1910.421(h) is not a collection of information. Therefore, OSHA is taking no burden hours or cost for this requirement.
§ 1910.422(e).
Dive profiles. A depth-time profile, including when appropriate any breathing gas changes, shall be maintained for each diver during the dive including decompression.
Use and purpose. This requirement informs the diver regarding the depth and time parameters of the dive, which serves as the basis for determining the decompression schedule necessary to avoid diving-related medical problems.
OSHA considers the employer’s provision of such information to be usual and customary communications, and is therefore not taking any burden or cost for the provision.
§§ 1910.423(b)(1)(ii) through (b)(2).
Precautions.
* * * * *
(b)(1)(ii) Instruct the diver to report any physical problems or adverse physiological effects including symptoms of decompression sickness;
(iii) Advise the diver of the location of a decompression chamber which is ready for use; and
(iv) Alert the diver to the potential hazards of flying after diving.
(2) For any dive outside the no-decompression limits, deeper than 100 fsw2 or using mixed gas as a breathing mixture, the employer shall instruct the diver to remain awake and in the vicinity of the decompression chamber which is at the dive location for at least one hour after the dive (including decompression or treatment as appropriate).
Use and purpose. The purpose of ensuring that each employee has training on reporting adverse physical or psychological effects and on precautions following a diving operation is to prevent or reduce decompression sickness. Requirements that employers provide training to workers is not considered to be a collection of information. Therefore, OSHA does not take burden or cost for this activity.
§ 1910.423(d).
Record of dive.
(1) The following information shall be recorded and maintained for each diving operation:
(i) Names of dive team members including designated person-in-charge;
(ii) Date, time, and location;
(iii) Diving modes used;
(iv) General nature of work performed;
(v) Approximate underwater and surface conditions (visibility, water temperature and current); and
(vi) Maximum depth and bottom time for each diver.
(2) For each dive outside the no-decompression limits, deeper than 100 fsw2 or using mixed gas, the following additional information shall be recorded and maintained:
(i) Depth-time and breathing gas profiles;
(ii) Decompression table designation (including modification); and
(iii) Elapsed time since last pressure exposure if less than 24 hours or repetitive dive designation for each diver.
(3) For each dive in which decompression sickness is suspected or symptoms are evident, the following additional information shall be recorded and maintained:
(i) Description of decompression sickness symptoms (including depth and time of onset); and
(ii) Description and results of treatment.
Use and purpose. This information permits appropriate and effective treatment of a diver should DCS occur after a dive or should the diver have a relapse of DCS after initial treatment, thereby preventing the condition from resulting in a serious injury or death. Maintaining these records ensures that the information is available for use by: the party involved in treatment if the diver experiences late-onset DCS or a subsequent relapse after treatment; and the employer for assessing the DCS incident (see § 1910.423(e) below).
§ 1910.423(e).
Decompression procedure assessment.
(1) Investigate and evaluate each incident of decompression sickness based on the recorded information, consideration of the past performance of decompression table used, and individual susceptibility;
(2) Take appropriate corrective action to reduce the probability of recurrence of decompression sickness; and
(3) Prepare a written evaluation of the decompression procedure assessment, including any corrective action taken, within 45 days of the incident of decompression sickness.
Use and purpose. A written assessment enables employers to identify salient variables in existing decompression procedures that may be responsible for the DCS incident, to document modifications of these variables that they believe will reduce the occurrence of DCS, and to evaluate the effectiveness of these modifications during subsequent diving operations. Systematic assessment of decompression procedures in this manner reduces the incidence of DCS, which improves the safety of decompression procedures used by employers and protects divers from the serious and deadly effects of DCS.
§§ 1910.430(a), (b)(4), (c)(1)(i) through (c)(1)(iii), (c)(3)(i), (f)(3)(ii), and (g)(2).
General.
(1) All employers shall comply with the following requirements, unless otherwise specified.
(2) Each equipment modification, repair, test, calibration or maintenance service shall be recorded by means of a tagging or logging system, and include the date and nature of work performed, and the name or initials of the person performing the work.
Air compressor system.
* * * * *
(4) The output of air compressor systems shall be tested for air purity every 6 months by means of samples taken at the connection to the distribution system, except that non-oil lubricated compressors need not be tested for oil mist.
*
* * * *
Breathing gas supply hoses.
(1) Breathing gas supply hoses shall:
(i) Have a working pressure at least equal to the working pressure of the total breathing system;
(ii) Have a rated bursting pressure at least equal to 4 times the working pressure; and
(iii) Be tested at least annually to 1.5 times their working pressure.
* * * * *
(3)(i) Umbilicals shall be marked in 10-ft. increments to 100 feet beginning at the diver’s end, and in 50 ft. increments thereafter.
* * * * *
Decompression chambers.
* * * * *
(3)(ii) Each decompression chamber shall be equipped with mufflers on intake and exhaust lines, which shall be regularly inspected and maintained.
Gauges and timekeeping devices.
* * * * *
(2) Each depth gauge shall be deadweight tested or calibrated against a master reference gauge every 6 months, and when there is a discrepancy greater than two percent (2 percent) of full scale between and two equivalent gauges.
Use and purpose. The records required by paragraph (a) (and generated by work performed under paragraphs (b)(4), (c)(1)(i) through (c)(1)(iii), (f)(3)(ii), and (g)(2)) permit employers and workers to determine the operating condition of diving equipment before placing it in service. By using only equipment that these records demonstrate is in safe working order, employers and workers will prevent severe injury or death during diving operations. Additionally, marking umbilicals as required by paragraph (c)(3)(i) permits diving supervisors and the workers who are tending a diver to determine the diver’s depth, which ensures that the diver undergoes proper decompression as specified by the depth-time profile of the dive; by undergoing proper decompression, the diver avoids DCS.
§§ 1910.440(a)(2) and (b).
(a)(2) Recordkeeping requirements. The employer shall record the occurrence of any diving-related injury or illness which requires any dive team member to be hospitalized for 24 hours or more, specifying the circumstances of the incident and the extent of any injuries or illnesses.
(b) Availability of records.
(1) Upon the request of the Assistant Secretary of Labor for Occupational Safety and Health, or the Director, National Institute for Occupational Safety and Health, Department of Health and Human Services of their designees, the employer shall make available for inspection and copying any record or document required by this standard.
(2) Records and documents required by this standard shall be provided upon request to employees, designated representatives, and the Assistant Secretary in accordance with 29 CFR 1910.1020 (a)-(e) and (g)-(i). Safe practices manuals (§ 1910.420), depth-time profiles (§ 1910.422), recordings of dives (§ 1910.423), decompression procedure assessment evaluations (§ 1910.423), and records of hospitalizations (§ 1910.440) shall be provided in the same manner as employee exposure records or analyses using exposure or medical records. Equipment inspections and testing records which pertain to employees (§ 1910.430) shall also be provided upon request to employees and their designated representatives.
(3) Records and documents required by this standard shall be retained by the employer for the following period:
(i) [Reserved]
(ii) Safe practices manual (§ 1910.420) - current document only;
(iii) Depth-time profile (§ 1910.422) - until completion of the recording of dive, or until completion of decompression procedure assessment where there has been an incident of decompression sickness;
(iv) Recording of dive (§ 1910.423) - 1 year, except 5 years where there has been an incident of decompression sickness;
(v) Decompression procedure assessment evaluations (§ 1910.423) - 5 years;
(vi) Equipment inspections and testing records (§ 1910.430) - current entry or tag, or until equipment is withdrawn from service;
(vii) Records of hospitalizations (§ 1910.440) - 5 years.
(4) The employer shall comply with any additional requirements set forth at 29 CFR 1910.1020,
(5) [Reserved].
Use and purpose. The hospitalization records required under paragraph (a)(2) will assist employers and workers in determining which depth-time diving profiles and associated decompression procedures are especially hazardous; thereby, permitting employers to modify these procedures to prevent DCS and other medical problems. Regarding the record availability requirements of paragraphs (b)(1) and (b)(2), OSHA compliance officers use these records as an efficient means of assessing employer compliance with the major requirements of the Subpart. Workers and their designated representatives use the records to assess the safety of an employer’s diving procedures, and to determine if equipment is in safe working order.
The record retention periods specified by paragraph (b)(3) reinforce the requirements of paragraphs (b)(1) and (b)(2) by allowing an adequate period to inspect records for compliance purposes, to review them in determining if equipment is in safe working order, and to analyze them when assessing the safety of existing diving procedures or developing improved procedures.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burdens.
Employers may use any available technology to provide the required information.
4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item A.2 above.
Both OSHA and the U.S. Coast Guard (USCG) have jurisdiction over diving operations; however, their respective jurisdictions differ, thereby avoiding regulatory duplication. Therefore, the information collection requirements of the Subpart are not duplicated by the USCG or any other source or agency, nor can the USCG or any other source or agency make the required information available to OSHA (i.e., this information is specific to each employer involved and is available only from these employers).
5. If the collection of information impacts small businesses or other small entities, describe the methods used to reduce the burden.
The information collection requirements specified by the Subpart do not have a significant impact on a substantial number of small entities.
6. Describe the consequence to Federal program or policy activities if the collection is or is not conducted less frequently, and any technical or legal obstacles to reducing the burden.
The Agency believes that the information collection frequencies required by the Subpart are the minimum frequencies necessary to fulfill its mandate “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources” as specified in the OSH Act at 29 U.S.C. 651. Accordingly, if employers do not perform the required information collections, or delay in providing this information, workers may be at risk of serious injuries or death during diving operations.
7. Explain any special circumstances that would cause an information collection to be conducted in a manner:
requiring respondents to report information to the Agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;
in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;
requiring the use of statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentially that is not supported by authority established in statute or regulation that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secret, or other confidential information unless the Agency can prove that it has instituted procedures to protect the information's confidentially to the extent permitted by law.
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). Employers 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
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection before submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the Agency in response to those comments specifically address comments received on cost and hour burden.
Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register on January 6, 2025, (90 FR 683) OSHA Docket No -2011-0008 soliciting comments on its proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified by the Commercial Diving Operations Standard (29 CFR part 1910, subpart T) (Docket No. OSHA-2011-0008). This notice was a part of a preclearance consultation program that provides the general public and government agencies with an opportunity to comment. The agency did not receive any comments in response to this notice.
9. Explain any decision to provide any payments or gift to respondents, other than remuneration of contractors or grantees.
The Agency will not provide payments or gifts to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or Agency policy.
The paperwork requirement specified by the Provision does not require the collection of confidential information.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
The paperwork requirements specified by the Subpart do not involve sensitive information.
12. Provide estimates of the hour burden of the collection of information. The statement should:
● Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
● If this request for approval covers more than one form, provide separate hour burden estimates for each form.
● Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage-rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here; instead, this cost should be included in Item 14.
Respondent Burden-Hour and Cost Burden Determinations
According to the Bureau of Labor Statistics Occupational Employment Statistics report on Occupational Employment and Wages, May 2023, the number of professional divers has decreased from 10,000 divers in 2008 to 2,790 divers in 2024.3 The Agency has decided to use the change in employment of divers between 2008 and 2020 as a proxy for the change in the total number of diving facilities during this time. Using a 3:1 ratio, OSHA estimates that the number of facilities will decrease from 3,000 in 2008 to 930 in 2024. On average, OSHA estimates that each professional diver will dive at least three times a week in the 50 weeks of work per year which means that each diver will dive 150 times annually.
Table 2 below provides a summary of the annual burden hour and cost estimates for each provision of the Subpart that contains a paperwork requirement (as described under Item 2 above).
Wage Rates
The Agency determined the wage rate from mean hourly wage earnings to represent the cost of employee time. For the relevant standard occupational classification category, OSHA used the wage rates reported in the Bureau of Labor Statistics (BLS), U.S. Department of Labor. Occupational Employment and Wage Statistics (OEWS), May 2023. (OEWS data is available at https://www.bls.gov/oes/tables.htm. To access a wage rate, select the year, “Occupation Profiles,” and the Standard Occupational Classification (SOC) Code.)
To account for fringe benefits markup, the Agency used the following BLS news release text: 10:00 AM (ET), September 10, 2024—Employer Costs for Compensation June 2024 (https://www.bls.gov/news.release/archives/ecec_09162021.htm). BLS reported that for private workers, fringe benefits accounted for 29.7 percent of total compensation and wages accounted for the remaining 70.3 percent. To calculate the loaded hourly wage for each occupation, the Agency divided the mean hourly wage rate by one over one minus the fringe benefit.
In Table 1 below provides a summary of how the wage rate estimates were derived for the information collection requirements specified by the Standard.
Table 1 – Estimated Wage Rates |
||||
Occupational Title |
SOC Code |
Mean Hour Wage Rate a |
Fringe
Benefits Multiplier |
Loaded Hourly Wage Rate c = [a(1/1-b)] |
Commercial Diver |
49-9092 |
$36.33 |
0.297 |
$51.68 |
Tender 4 |
-- |
$18.17 |
0.297 |
$25.85 |
Clerical/Secretary |
43-6014 |
$21.87 |
0.297 |
$31.11 |
1. Application in emergencies.
§ 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.
During the period covered by the last Information Collection Request (ICR), OSHA staff in the Office of Maritime Enforcement believe that no employers reported any deviations from the requirements of the Subpart during this time period. Also, the Agency assumes that employers at this rate will continue to not deviate from the standard, and therefore, this burden will continue to be zero.
2. Safe practices manual.
§§ 1910.420(a) and (b).
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. Paragraph (b) requires that 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.
Estimated number of facilities requiring new or replacement safe practices manuals; the Agency assumes that each manual takes about one hour to develop.
Develop:
OSHA estimates that only the new diving facilities will need to develop a safety manual and make it available to the dive team. Assuming 10 percent of the 930 facilities will be new and it will take one hour for a commercial diver to develop the safety manual at a wage rate of $ an hour.
Burden hours: 93 new facilities x 1 hour = 93 hours
Cost: 93 hours x $51.68 = $4,806
Update:
OSHA estimates that 1,038 existing facilities will need to update the safety manual at least once a year and make it available to the dive team. The number of existing facilities is 930 minus the 93 new facilities. At a wage rate of $48.92 an hour, a commercial diver will take 10 minutes (10/60 hours) to update the safety manual.
Burden hours: 837 facilities to update x 10/60 hours = 140 hours
Cost: 140 hours x $51.68 = $7,235
3. Record of dive.
§ 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.
There are 2,790 professional divers. The employer must record and maintain the information for each diving operation. On average, OSHA estimates that each professional diver will dive 150 times per year, so the employer will need to maintain 150 diving operation records on each diver. Therefore, it will take a tender making $25.85 an hour 5 minutes (5/60 hour) to record and maintain a total of 418,500 diving operations.
Burden hours: 418,500 dives x 5/60 hours = 34,875 hours
Cost: 34,875 hours x $31.11 = $1,084,961
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.
OSHA estimates that only 10 percent (41,850) of the diving operations will need to be modified or updated at any given time. Therefore, it will take a tender making $25.85 an hour 5 minutes to record and maintain the documents.
Burden hours: 41,850 dives x 5/60 hours = 3,488 hours
Cost: 3,488 hours x $25.85.11 = $90,165
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.
OSHA estimates that only 10 percent (4,185) of the diving operations that are modified or updated will result in a diver maybe the results of divers with symptoms with the onset of DCS. Therefore, it will take a commercial diver making $51.68 an hour and 5 minutes to record and maintain the documents.
Burden hours: 4,185 dives x 5/60 hours = 349hours
Cost: 349 hours x $51.68 = $18,036
4. Decompression procedure assessment.
§ 1910.423(e).
Paragraph (e) requires employers to assess each DCS incident by investigating and evaluating it based on the recorded information, considering 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 taken.
OSHA estimates that it will take a commercial diver making $51.68 an hour 1 hour to prepare a written evaluation of the assessment and maintain the documents.
Burden hours: 4,185 dives x 1 hour = 5,190.00 hours
Cost: 4,185 hours x $51.68 = $216,281
5. Equipment.
§§ 1910.430(a), (b)(4), (c)(1)(i) through (c)(1)(iii), (c)(3)(i), (f)(3)(ii), and (g)(2).
Paragraph (a) contains a general requirement that employers must record utilizing 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.
(a) The Agency assumes that, at each facility, 60 pieces of equipment (other than equipment identified specifically in the Subpart) require modifications, repairs, tests, calibrations, or maintenance each year (i.e., 930 facilities x 60 pieces of equipment = 55,800 records). While OSHA believes that modifying, repairing, testing, calibrating, and maintaining equipment is usual and customary for the industry, the requirement to record this work may not be usual and customary; therefore, the Agency is taking only the burden for recording the work performed on the equipment.
OSHA estimates that it takes a tender making $25.85 an hour 3 minutes (3/60 hour) to record and maintain the 55,800 records.
Burden hours: 55,800 records x 3/60 hours = 2,790 hours
Cost: 2,790 hours x $25.85 = $72,122
(b)(4) With an average of just over three divers per facility, the Agency assumes that each facility has one air-compressor system and that the employer tests the compressor output twice a year (i.e., 930 facilities x 2 tests = 1,860 records). While OSHA believes that testing compressor output in this manner is a usual and customary practice for the industry, recording the test results may not be usual and customary; therefore, the Agency is taking only the burden for recording the test results.
OSHA estimates that it takes a tender making $25—an hour 3 minutes (3/60 hour) to record and maintain each of the 1,860 test results.
Burden hours: 1,860 records x 3/60 hours = 93 hours
Cost: 93 hours x $25.85 = $2,404
(c)(1) OSHA estimates that each diver has two breathing-gas hoses, one for regular use and a spare, that require testing once a year (i.e., 2,790 divers x 2 hoses x 1 test = 5,580 records). While the Agency believes that testing breathing-gas hoses in this manner is a usual and customary practice for the industry, recording the test results may not be usual and customary; therefore, OSHA is taking only the burden for recording the test results.
OSHA estimates that it takes a tender making 25.85 an hour 3 minutes (3/60 hour) to record and maintain each of the 5,580 records.
Burden hours: 5,580 records x 3/60 hours = 279 hours
Cost: 279 hours x $25.85 = $7,212
(f)(3)(ii) The Agency assumes that 5% (47) of the facilities have a decompression chamber and that employers perform an inspection-and-maintenance procedure on the mufflers of the intake and exhaust lines of each chamber twice a year (i.e., 47 chambers x 2 procedures = 94 records). While OSHA believes that regularly inspecting and maintaining mufflers on decompression chambers is usual and customary for the industry, making a record of this work may not be usual and customary; therefore, the Agency is taking only the burden for making the record.
OSHA estimates that it takes a tender making 25.85 an hour 3 minutes (3/60 hour) to record and maintain each of the 94 records.
Burden hours: 94 records x 3/60 hours = 5 hours
Cost: 5hours x $25.85 = $129
(g)(2) OSHA estimates that each facility has two depth gauges, one for regular use and a spare and that the employer calibrates each gauge twice a year (i.e., 930 facilities x 2 gauges x 2 calibrations = 3,720 records). While the Agency believes that calibrating depth gauges in this manner is a usual and customary practice for the industry, recording the calibration results may not be usual and customary; therefore, OSHA is taking only the burden for recording the calibration results.
OSHA estimates that it takes a tender making 25.85 an hour 3 minutes (3/60 hour) to record and maintain each of the 3,720 calibration results.
Burden hours: 3,720 records x 3/60 hours = 186 hours
Cost: 186 hours x $25.85 = $4,808
6. Recordkeeping.
§§ 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 the hospital for at least 24 hours. This record is to describe the circumstances of the incident and the extent of any injuries or illnesses.
(a)(2) The Agency assumes that 1% (42) of the 4,185 dives that result in DCS require hospitalization for at least 24 hours.
Burden hours: 42 records x 10/60 hours = 7 hours
Cost: 7 hours x $51.68 = $362
(b)(1) & (b)(2) The Subpart has the following record requirements: Safe practices manuals, 930 (both existing manuals and manuals requiring development under § 1910.420); diving records, 464,535 (records of dives from §§1910.423(d)(1), (d)(2), and (d)(3) diving records is 418,500 dives +41,850 dives + 4,185 dives = 464,535 dives); DCS incident assessments, 4,185; hospitalization records, 42; and equipment inspections and testing records,71,073. (The Agency took no burden for depth-time profiles (§ 1910.422(e)) because these records are temporary; employers maintain them only until the end of a dive and then replace them with the diving record (§ 1910.423(d)) or the DCS incident assessment (§1910.423(e)).) These requirements total 541,765 records, or 582 records per facility (i.e., 541,765 records 930 facilities).
a. Employee access of records.
The Agency assumes that workers or their designated representative request access to 10% (54,177) of these records annually. OSHA estimates that a secretary making $31.31 an hour requires about two minutes (2/60 hours) to maintain each record.
Burden
hours:
54,177 records x 2/60 hours = 1,806 hours
Cost:
1,8069 hours x $31.31 = $56,546 5
b. Maintenance of all records.
The employer must maintain a total of 541,765 records. OSHA estimates that a secretary making $31. 31 an hour will spend 10 minutes (10/60 hour) maintaining each record.
Burden hours: 541,7659 records x 10/60 hours = 90,294 hours
Cost: 90,294 hours x $31.31 = $2,827,105
Table 2: Estimated Annualized Respondent Hour and Cost Burden Table |
||||||||
Information Collection Requirement |
Type of Respondent |
No. of Respondents |
No. of Responses per Respondent |
Total No. of Responses |
Burden per Response (in Hours) |
Total Burden Hours |
Loaded Hourly Wage Rate |
Total Burden Costs |
§§ 1910.420(a) and (b) |
||||||||
Commercial Diver |
930 |
0.1 |
93 |
1 |
93 |
$51.68 |
$4,806 |
|
Commercial Diver |
837 |
1 |
837 |
10/60 |
140 |
$51.68 |
$7,235 |
|
§ 1910.423(d)(1) |
||||||||
Tender |
2,790 |
150 |
418,500 |
5/60 |
34,875 |
$31.11 |
$1,084,961 0 |
|
§ 1910.423(d)(2) |
||||||||
Tender |
2,790 |
15 |
41,850 |
5/60 |
3,488 |
$25.85 |
$90,165 |
|
§ 1910.423(d)(3) |
||||||||
Commercial Diver |
2,790 |
1.5 |
4,185 |
5/60 |
349 |
$51.68 |
$18,036 |
|
§ 1910.423(e) |
||||||||
Commercial Diver |
930 |
4.5 |
4.185 |
1 |
4,185 |
$51.68 |
$216,281 |
|
§ 1910.430(a) |
||||||||
Tender |
930 |
60 |
55,800 |
3/60 |
2790 |
$25.85 |
$72,122 |
|
§ 1910.430(b)(4) |
||||||||
Tender |
930 |
2 |
1,860 |
3/60 |
93 |
$25.85 |
$2,404 |
|
§§ 1910.430(c)(1)(i) through (c)(1)(iii) |
||||||||
Tender |
930 |
6.0018 |
5,580 |
3/60 |
279 |
$25.85 |
$7,212 |
|
§ 1910.430(f)(3)(ii) |
||||||||
Tender |
930 |
0.10108 |
94 |
3/60 |
5 |
$25.85 |
$129 |
|
§ 1910.430(g)(2) |
||||||||
Tender |
930 |
4 |
3,720 |
3/60 |
186 |
$25.85 |
$4,808 |
|
§ 1910.440(a)(2) |
||||||||
Commercial Diver |
930 |
0.0448 |
42 |
10/60 |
7 |
$51.68 |
$362 |
|
§ 1910.440(b)(1) and (b)(2) |
||||||||
Secretary |
930 |
58,255 |
54,177 |
2/60 |
1,806 |
$31.11 |
$56,185 |
|
§ 1910.440(b)(3) |
||||||||
Secretary |
930 |
583 |
541,765 |
10/60 |
90,294 |
$31.11 |
$2,808,143 |
|
GRAND TOTALS |
|
|
|
1,132,688
|
|
|
|
|
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)
The cost estimate should be split into two components: (a) a total capital and start-up cost component annualized over its expected useful life); and (b) a total operation and maintenance and purchase of service component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondent (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
There are no capital or start-up costs for the collection of information requirements contained in (29 CFR part 1910, subpart T).
14. Provide estimates of the annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 into a single table.
There are no costs to the Federal Government.
15. Explain the reasons for any program changes or adjustments.
OSHA is requesting an adjustment decrease in burden from 170,806 hours to 135,450 hours, a difference of 35,356 hours. The decrease is due to the decrease in the number of professional
divers, going from 3,460 divers to 2,790 divers, which resulted in a corresponding decrease in
the number of affected facilities.
16. For collections of information whose results will be published, outline plans for tabulations, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
OSHA will not publish the information collected under the Subpart.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
No forms are available for the Agency to display the expiration date.
Explain each exception to the certification statement.
OSHA is not seeking such an exception statement.
B. COLLECTION OF INOFRMATION EMPLOYING STATISTICAL METHODS.
There are no collections of information employing statistical methods.
1 The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated with provisions of this standard that contain paperwork requirements; this Supporting Statement does not provide information or guidance on how to comply with, or how to enforce, the standards.
2 Feet of Seawater.
3 Source: US Department of Labor, Bureau of Labor Statistics, Occupational Employment and Wages- May 2023, (Commercial Divers (bls.gov)).
4 The Tender is a beginning diver, therefore, the Agency is using a wage rate of half the cost of the average commercial diver.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Washington, Robert - OSHA |
File Modified | 0000-00-00 |
File Created | 2025-05-20 |