Scientific diving exemption guidelines

The scientific diving exemption allows a diving program to be treated differently from commercial diving rules when the program meets specific guidelines for scientific research activities. See 1910.401(a)(2)(iv) and the Appendix B guidelines for Subpart T.

• The exemption applies only when the program meets the Appendix B criteria: a Diving Control Board (DCB) composed of a majority of active scientific divers with autonomous authority; the project’s purpose is advancement of science with non-proprietary results; the divers act as observers/data gatherers (not commercial construction/troubleshooting); and the divers are scientists or scientists-in-training.
• If any guideline is not met, the program may be subject to commercial diving requirements under Subpart T. See 1910.401(a)(2)(iv).

The DCB must be majority active scientific divers and must have autonomous, absolute authority over the scientific diving program's operations. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• "Majority of active scientific divers" means most voting members regularly participate in scientific diving activities.
• "Autonomous and absolute authority" means the DCB makes final decisions about dive safety, dive plans, selection of divers, and program operations without external override by non-diving management.
• Employers relying on the exemption should document the DCB membership and its written authorities to demonstrate compliance with Appendix B.

In practice, "autonomous and absolute authority" means the DCB has final control over the diving program’s operational and safety decisions and is not subject to override by others outside the board. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• The DCB should approve dive plans, set safety procedures, authorize individual dives, and decide who qualifies to dive.
• Operational authority includes emergency procedures, equipment acceptance, and the ability to stop dives for safety reasons.
• Employers should keep written records showing the DCB’s charter, meeting minutes, and decisions to demonstrate this authority.

No; the DCB must consist of a majority of active scientific divers, so an employer cannot lawfully fill the majority of the DCB with non-divers if they claim the scientific diving exemption. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• "Active scientific divers" must make up the majority of the board; employers should document who on the DCB regularly participates in diving.
• If the board’s composition does not meet this requirement, the program risks losing the exemption and becoming subject to commercial diving rules.

An "active scientific diver" is someone who routinely participates in scientific diving activities and brings current practical diving experience to DCB decisions. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• ‘‘Active’’ implies recent, hands-on participation in scientific dives (not only administrative roles).
• Active divers on the DCB should be qualified to evaluate dive safety, equipment, and procedures based on personal diving experience.
• Employers should document members’ diving logs or recent dive activity to show they are active scientific divers.

No; scientific diving does not include construction or troubleshooting tasks traditionally associated with commercial diving—scientific divers are expected to act as observers and data gatherers. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• Tasks such as installing structures, heavy-duty cutting/welding, or industrial repairs are considered commercial activities and fall outside the exemption.
• If a dive includes construction or troubleshooting, the program may lose the scientific diving exemption and must comply with commercial diving requirements.

Yes; the purpose of the project must be the advancement of science, and the information and data resulting from the project must be non-proprietary for the exemption to apply. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• "Non-proprietary" means the data are intended for public dissemination or scientific use, not kept confidential for commercial advantage.
• If the project’s results are proprietary (for example, exclusively for a commercial contractor’s product development), the project likely will not meet the exemption criteria.

Yes; students and graduate researchers can be covered if they are "scientists or scientists in training," the project advances non-proprietary science, the divers act as observers/data gatherers, and the program’s DCB meets the Appendix B criteria. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• Being a "scientist in training" means the individual is engaged in scientific study or research and uses scientific methods underwater.
• The institution should document student roles, the non-proprietary nature of the research, and that the DCB has majority active scientific divers and autonomous authority.

An organization should document compliance with each Appendix B guideline: DCB composition and charter, project purpose and data disposition, the nature of diver tasks, and the scientific qualifications of divers. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• Keep written DCB bylaws showing majority active scientific divers and their autonomous authority (meeting minutes, signatures, charter).
• Document project statements that state the scientific purpose and how data will be non-proprietary (e.g., publication plans).
• Record job descriptions showing divers act as observers/data gatherers and are scientists or trainees (CVs, training records, dive logs).
• Maintain this documentation to show regulatory personnel how the program meets Appendix B criteria.

If a program claiming the scientific diving exemption performs commercial diving tasks, the program may no longer qualify for the exemption and could be subject to the commercial diving requirements in Subpart T. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• Occasional commercial tasks (construction, heavy repairs) can jeopardize the exemption; the program should clearly separate scientific activities from commercial ones.
• If the employer wants to continue commercial tasks, it should apply the commercial diving rules to those activities and document when each set of requirements applies.

No; Appendix B sets program guidelines for the scientific diving exemption but does not list specific medical or training standards. See the Appendix B guidelines and consult 1910.401 for related regulatory context.

• Employers should follow recognized scientific diving practices and document diver competence, medical fitness, and training even though Appendix B does not prescribe exact requirements.
• Typical practice is to follow current accepted standards from scientific diving organizations (employers should keep records showing how they ensure diver qualifications).

The Diving Control Board, as the autonomous authority over the scientific diving program, should ensure that project data meet the "non-proprietary" requirement, together with the project sponsor. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• The DCB should review project proposals and confirm whether results will be publicly available or restricted.
• If the sponsor requires confidentiality for commercial reasons, the DCB should document that the project does not meet Appendix B and that commercial diving rules will apply.

No; claiming the scientific diving exemption applies only to the commercial diving requirements of Subpart T when the Appendix B criteria are met—it does not eliminate OSHA authority over other workplace safety requirements. See 1910.401(a)(2)(iv) and the Appendix B guidelines.

• The exemption addresses whether commercial diving provisions apply; employers must still comply with other applicable OSHA standards (general industry requirements, hazard communication, etc.).
• Employers should document how the program meets Appendix B while maintaining compliance with all other relevant OSHA requirements.

Yes; Appendix B states scientific divers must be scientists or scientists in training because their dives use scientific expertise to study the underwater environment. See the Appendix B guidelines and 1910.401(a)(2)(iv).

• "Scientists or scientists in training" means individuals engaged in scientific study or research and applying scientific methods during dives.
• Employers should document the scientific qualifications or training status (e.g., academic enrollment, research role, project responsibilities) to support the exemption.