Diving procedures requirements

Yes — the diving procedures requirements in construction at 1926.1082 are identical to those in 1910.422. Employers engaged in construction diving work must follow the same procedures and compliance obligations referenced by 1926.1082 as are set out in 1910.422.

Look at 1910.422 because 1926.1082 says the construction requirements are identical to that general industry provision. Read the full text of 1910.422 to find the specific diving procedures and any incorporated requirements you must follow.

The short answer is that 1926.1082 directs employers to the identical requirements found at 1910.422; whether a particular underwater task is covered depends on the scope and definitions in 1910.422. To determine coverage for a specific task, consult the definitions and scope language in 1910.422 and apply them to the work on your construction site.

If the work being performed is construction work, 1926.1082 requires following the diving procedures identical to 1910.422; the nature of the work (construction activity) determines coverage, not only the company’s usual industry. For a similar principle about which OSHA standard applies based on the activity rather than the company type, see OSHA’s interpretation on asbestos remediation that explains construction standards apply when the work is construction-related (see https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14).

Possibly — 1926.1082 directs you to the diving requirements in 1910.422, but State Plan states may adopt standards or policies that are as effective as or more protective than federal OSHA. OSHA has explained that State Plans may be more stringent and employers must follow their State’s rules where applicable (see https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01 for discussion of State Plan differences). Check your State Plan office for any state-specific diving or construction diving requirements.

Yes — because 1926.1082 makes the construction diving requirements identical to those in 1910.422, an employer performing construction diving work can be cited for not meeting the procedural requirements established in 1910.422. Maintain and follow the procedures in 1910.422 to reduce the risk of citation.

The final rule history for 1926.1082 is included in the standard’s entry and shows Federal Register notices such as 58 FR 35186 (June 30, 1993) and 61 FR 31427 (June 20, 1996). You can view that history directly on the 1926.1082 page.

Yes — employers may request clarification from OSHA and OSHA issues Letters of Interpretation that explain how standards apply to particular situations. For example, OSHA has provided many Letters of Interpretation on a variety of standards and situations (see the collection at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 for an example of how OSHA responds to requests). For diving-specific questions, request an interpretation referencing 1926.1082 and 1910.422.

You must meet the requirements of 1910.422 as applied through 1926.1082. Where an employer uses an alternative method, OSHA evaluates whether the alternative provides equal or better protection on a case-by-case basis; OSHA’s enforcement and interpretation practice (discussed in other Letters of Interpretation) recognizes that some departures may be acceptable if they provide equivalent safety, but that determination is fact-specific (see, for example, general interpretive guidance at https://www.osha.gov/laws-regs/standardinterpretations/2024-08-01). To avoid citations, document how your alternative procedures meet or exceed the safety objectives in 1910.422.

Employers should adopt the procedural elements required by 1910.422 and include them in the project’s safety plan as applicable under 1926.1082. That means identifying which 1910.422 procedures apply to the specific diving tasks, documenting how the employer will meet those requirements, and training personnel accordingly. Because 1926.1082 makes the construction rule identical to 1910.422, including the applicable 1910.422 provisions in your site plan is the practical way to show compliance.

Federal OSHA enforces the construction diving requirements in 1926.1082 by applying the identical procedures in 1910.422. For enforcement clarifications and examples, review OSHA Letters of Interpretation and contact your regional OSHA office; OSHA publishes many interpretations showing how it applies standards in specific cases (see sample Letters of Interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14). If your work is in a State Plan state, contact the State Plan agency for enforcement specifics.