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OSHA 1910.440

Diving records and retention

1910 Subpart T

21 Questions & Answers
10 Interpretations

Questions & Answers

Under 1910.440(a)(2), what diving incidents must my company record?

You must record any diving-related injury or illness that requires any dive team member to be hospitalized for 24 hours or more. See 1910.440(a)(2) for the exact trigger and the requirement to specify the circumstances and extent of injuries or illnesses.

Under 1910.440(a)(2), what details must be included in a hospital-record entry for a diving incident?

The record must state the circumstances of the incident and the extent of any injuries or illnesses. This is required by 1910.440(a)(2).

  • Include who was involved, where and when it happened, a brief description of the event, and what injuries or illnesses resulted (and their severity).

Under 1910.440(b)(1), who can request and inspect diving-related records?

The Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSH (or their designees) can request inspection and copying of any record required by the diving standard. See 1910.440(b)(1).

Regarding 1910.440(b)(2), how must diving records be provided to employees or their representatives?

Diving records must be provided to employees and designated representatives in the same manner as employee exposure or medical records under [1910.1020(a)-(e) and (g)-(i)]. See 1910.440(b)(2).

  • That means follow the access, copying, and confidentiality procedures in 1910.1020.

Under 1910.440(b)(3), how long must my company keep the safe practices manual?

Keep only the current safe practices manual; you do not have to keep earlier versions. See 1910.440(b)(3)(ii).

Under 1910.440(b)(3)(iii), how long must depth-time profiles be retained?

Depth-time profiles must be retained until the recording of the dive is complete, or, if there has been an incident of decompression sickness, until completion of the decompression procedure assessment. See 1910.440(b)(3)(iii).

Under 1910.440(b)(3)(iv), how long do I need to keep recordings of dives?

Recordings of dives must be kept for 1 year, but if there has been an incident of decompression sickness they must be kept for 5 years. See 1910.440(b)(3)(iv).

Under 1910.440(b)(3)(v), how long must decompression procedure assessment evaluations be retained?

Decompression procedure assessment evaluations must be retained for 5 years. See 1910.440(b)(3)(v).

Under 1910.440(b)(3)(vi), how long should equipment inspection and testing records for dive gear be kept?

Equipment inspections and testing records that pertain to employees must be kept either as the current entry or tag, or until the equipment is withdrawn from service. See 1910.440(b)(3)(vi).

Under 1910.440(b)(3)(vii), what is the retention period for records of hospitalizations from diving incidents?

Records of hospitalizations must be retained for 5 years. See 1910.440(b)(3)(vii).

Under 1910.440(b)(3), can you give a simple retention summary for all diving records?

Yes — follow the specific retention periods in 1910.440(b)(3).

  • Safe practices manual (1910.420): current document only (1910.440(b)(3)(ii)).
  • Depth-time profiles (1910.422): until recording completion or until decompression assessment complete if decompression sickness occurred (1910.440(b)(3)(iii)).
  • Recordings of dives (1910.423): 1 year (or 5 years if decompression sickness occurred) (1910.440(b)(3)(iv)).
  • Decompression procedure assessments (1910.423): 5 years (1910.440(b)(3)(v)).
  • Equipment inspections/testing (1910.430): current entry or tag, or until removed from service (1910.440(b)(3)(vi)).
  • Records of hospitalizations (1910.440): 5 years (1910.440(b)(3)(vii)).

Under 1910.440(b)(1) and 1910.1020, what should I do if OSHA or NIOSH requests diving records?

If OSHA (the Assistant Secretary) or NIOSH (the Director) requests diving records, make any record or document required by the diving standard available for inspection and copying as requested. See 1910.440(b)(1) and follow the access procedures in 1910.1020.

Under 1910.440(b)(2) and 1910.1020, can employees or their representatives get copies of dive-related medical or exposure records?

Yes — employees and their designated representatives are entitled to obtain records and documents required by the diving standard in accordance with [1910.1020(a)-(e) and (g)-(i)]. See 1910.440(b)(2) and 1910.1020 for the procedures to request and receive those records.

Under 1910.440(b)(4), how does 1910.1020 affect my diving records program?

You must comply with any additional recordkeeping and access requirements set out in [1910.1020], which governs employee exposure and medical records and how they are preserved and provided. See 1910.440(b)(4) and 1910.1020 for the full requirements.

Under 1910.440, can dive recordings or records be kept electronically?

Yes, records may be kept in electronic form provided you can make them available for inspection, copying, and access in the manner required by [1910.1020]. See 1910.440(b)(4) and 1910.1020 for the conditions that govern recordkeeping and transfer of records.

Under 1910.440(b)(3)(iv) and (v), what extra recordkeeping is triggered when decompression sickness occurs?

If decompression sickness occurs, keep the dive recordings for 5 years (instead of 1 year) and retain decompression procedure assessment evaluations for 5 years. See 1910.440(b)(3)(iv) and 1910.440(b)(3)(v).

  • Also retain the depth-time profile until completion of any decompression procedure assessment as required by 1910.440(b)(3)(iii).

Under 1910.440(a)(2), who is responsible for making the hospitalization record?

The employer is responsible for recording the occurrence of any diving-related injury or illness that meets the hospitalization threshold. See 1910.440(a)(2).

Under 1910.440(b)(2) and 1910.1020, can an employee’s designated representative obtain diving medical records on their behalf?

Yes — a designated representative can obtain records required by the diving standard, provided the request follows the procedures in [1910.1020(a)-(e) and (g)-(i)]. See 1910.440(b)(2) and 1910.1020 for how to document designation and process requests.

Under 1910.440(b)(3)(vi), what does "current entry or tag" mean for equipment inspection records?

You must keep the current inspection entry or tag showing the latest inspection/testing status for equipment that pertains to employees; alternatively retain the records until the equipment is withdrawn from service. See 1910.440(b)(3)(vi).

  • Practically, that means maintain up-to-date inspection documentation so you can show the latest condition of the equipment when requested.

Under 1910.440 and 1910.1020, if a diver leaves employment, must I still keep their hospitalization and dive records?

Yes — you must retain records for the time periods specified in 1910.440(b)(3) regardless of whether the diver remains employed. See also 1910.1020 for any additional obligations about employee record retention and transfer.

Under 1910.440(b)(1)-(2), do I need to provide equipment inspection records that affect employees when requested?

Yes — equipment inspections and testing records which pertain to employees must be provided upon request to employees and their designated representatives as described in [1910.440(b)(2)]. See 1910.440(b)(2) and 1910.430 for the related equipment inspection requirements.