Subpart Y
This section provides the definitions used for OSHA’s construction diving rules and indicates where the definitive text comes from. See 1926.1072 for the definitions that apply to Subpart Y diving operations and the GPO/e-CFR citation for the official codified text.
Look to the identical general industry provision 1910.402 and the text of 1926.1072. If a term is not defined in either place, check other related OSHA standards that apply to the specific hazard or activity involved in the diving operation (for example, respiratory, hazardous materials, or asbestos standards). See 1926.1072 and 1910.402.
Yes. Because 1926.1072 makes the construction provisions identical to 1910.402, OSHA letters that interpret 1910.402 can be informative for Subpart Y. Keep in mind, however, that letters of interpretation explain OSHA’s view but do not create new legal obligations—see the language in, for example, the head protection interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2 which states these letters are OSHA’s interpretations and explain how standards apply.
Not always; military personnel and uniquely military systems and operations are generally excluded from OSHA coverage. Civilian employees working on non-unique military systems are covered. See the Department of Defense/military coverage guidance in OSHA’s interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16 and the definitions in 1926.1072.
The official codified text is available from the Government Publishing Office via the e-CFR; the section metadata references the e-CFR. See 1926.1072 which lists the GPO e-CFR source for the standard text.
No—OSHA’s definitions control for compliance, though consensus standards can provide useful guidance. Employers must follow OSHA’s meanings in the regulation; OSHA recognizes consensus standards as helpful but has not accepted them as alternatives in all cases (see OSHA’s discussion about alternative methods in the ANSI/LOTO context at https://www.osha.gov/laws-regs/standardinterpretations/2024-10-21). See 1926.1072 and the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-10-21.
State-plan states must have programs that are at least as effective as federal OSHA, but they may adopt more stringent or different requirements, including definitions. Employers in those states must follow the state plan’s rules where they differ. For background on state-plan differences see the rim-wheel servicing interpretation that discusses State-plan coverage at https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01 and consult 1926.1072 for the federal text.
If the diving or construction work involves asbestos-containing building materials, the construction asbestos standard [29 CFR 1926.1101] applies rather than the general industry asbestos rule. OSHA has confirmed that construction remediation activities involving asbestos are covered by the construction standard—see the asbestos interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 and consult 1926.1072 for diving definitions that may interact with asbestos requirements.
Yes—1926.1072 is the place where OSHA lists the definitions used throughout Subpart Y, so it is the authoritative source for terms like those used in diving operations. For the exact wording of each defined term consult the text of 1926.1072.
Use Letters of Interpretation as non-binding but authoritative explanations of how OSHA views and applies its standards; they can clarify terms and practical compliance steps but do not create new obligations. OSHA routinely states this in its letters—for example, the head protection interpretation explains that letters are OSHA’s interpretations and do not create additional requirements at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2. See 1926.1072 for the controlling definitions and consult relevant Letters of Interpretation for clarification.
If the operation involves large quantities of a highly hazardous chemical (for example, a Category 1 flammable gas above threshold quantities), OSHA’s Process Safety Management standard [29 CFR 1910.119] may apply in addition to diving requirements. OSHA’s interpretation on aggregating flammable gases and PSM coverage explains how on-site storage and co-located charged equipment can trigger PSM obligations at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06. Remember to consult the diving definitions in 1926.1072 and the PSM standard text when evaluating applicability.