Subpart Y
Yes. Under 1926.1085 the requirements for surface-supplied air diving that apply to construction work are identical to those in 1910.425, so construction employers must follow the diving rules as set out in 1910.425 when performing surface-supplied air diving on construction sites. See 1926.1085 which explicitly cross‑references 1910.425.
Yes, but letters of interpretation only explain how OSHA views and applies standards; they do not create new legal obligations. OSHA letters can clarify how a provision such as the surface-supplied air diving requirements should be applied, but they do not add duties beyond the standard itself. For example, OSHA letters commonly state that interpretation letters "explain these requirements and cannot create additional employer obligations," as noted in several OSHA interpretation letters such as the Head protection for crane operators letter. Always use the letter as guidance together with the regulatory text in 1910.425 and 1926.1085.
State-plan agencies must have programs that are at least as effective as Federal OSHA, but they may adopt more stringent requirements. That means employers in State-plan states must follow their State's diving rules if those rules are stricter than the federal text. OSHA has explained this general principle in interpretation letters, for example in the Scope of rim wheel servicing letter, which notes that States with OSHA-approved State plans may have different or more stringent requirements and employers in those States must follow them in addition to federal rules where applicable. For surface-supplied air diving, consult both 1910.425 and any relevant State-plan rules.
Employers must comply with the surface-supplied air diving requirements in 1910.425 as adopted by 1926.1085 and also follow any other applicable OSHA standards that address the additional hazards (for example, asbestos controls under 29 CFR 1926.1101 or head protection under 29 CFR 1910.135). OSHA interpretation letters make clear that multiple standards can apply simultaneously; for example, OSHA has explained asbestos work is covered by the construction asbestos standard in 29 CFR 1926.1101 in the Asbestos remediation protocols letter, and head protection requirements are explained in the Head protection for crane operators letter.
The employer is responsible for ensuring the diving operation meets OSHA requirements; for construction diving, that means the construction employer must implement and enforce the duties found in 1910.425 as adopted by 1926.1085. OSHA standards place the primary duty to assess hazards, provide required equipment and training, and follow the procedures specified in the applicable standard on the employer. Use the text of 1910.425 for the specific employer obligations referenced by 1926.1085.
Not automatically. OSHA letters of interpretation provide the agency's explanation about how it interprets standards, but they do not create new regulatory rights or obligations and are not binding legal exemptions. OSHA interpretation letters are persuasive guidance and should be used to shape compliance, but the enforceable obligations remain the text of the regulations such as 1910.425 and 1926.1085. Several OSHA interpretation letters reiterate that interpretations "explain these requirements and cannot create additional employer obligations," for example see the Head protection for crane operators letter.
It depends on the workplace and the workforce; OSHA standards generally do not apply to military personnel and uniquely military operations, but they do apply to civilian employees and non-unique operations. OSHA's jurisdictional limits are explained in interpretation letters such as the Oxygen-deficient atmospheres in HVAC letter, which clarifies that military personnel and uniquely military systems are excluded but civilian employees working on non-unique operations remain covered. For construction diving work on military sites, determine whether the diving activity is a civilian-covered operation; if so, comply with 1910.425 as adopted by 1926.1085.