Diving equipment requirements

Yes — Under 1926.1090 the diving equipment requirements for construction are identical to the rules in general industry at 1910.430. Employers performing construction diving work must follow the same equipment provisions found in 1910.430.

Follow the text of 1910.430 because 1926.1090 states the construction requirements are identical to those in 1910.430. Consult 1910.430 for the detailed equipment, inspection, testing, and maintenance provisions that apply to diving equipment used in construction.

The employer is responsible for ensuring diving equipment used in construction is inspected and maintained in accordance with the equipment requirements of 1910.430. Employers should have a written program or procedures that ensure regular inspections, maintenance, and repairs are completed and documented per the requirements in 1910.430 and the general employer duties found at 29 CFR part 1926.

Yes — employers must assess hazards and provide appropriate personal protective equipment when diving exposures require it, using the same employer-responsibility principles that apply generally under OSHA rules. See 1926.1090 (which points to 1910.430) and the general OSHA program requirements in 1910. OSHA interpretive guidance on employer hazard assessment and required head protection illustrates that an employer must assess workplace hazards and require PPE where hazards exist, see OSHA letter on head protection (June 6, 2024) at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2.

No — the inspection and testing intervals that apply to diving equipment in construction follow the same frequencies and procedures required by 1910.430. Because 1926.1090 makes the construction requirements identical to 1910.430, you must follow the inspection and testing schedule described there.

Yes — employers should follow manufacturer instructions for maintenance and testing as part of a compliant equipment program and to meet the requirements in 1910.430, which 1926.1090 adopts for construction diving equipment. Manufacturer guidance is commonly used to establish safe inspection, testing, and maintenance intervals consistent with OSHA requirements in 1910.430.

Yes — 1926.1090 adopts the equipment requirements of 1910.430, so the diving equipment provisions that apply in general industry (including surface-supplied and self-contained systems covered by 1910.430) also apply to construction employers.

Yes — employers performing construction diving work must keep records as required by the equipment provisions in 1910.430, which 1926.1090 adopts. Maintain inspection and test records for the periods specified in 1910.430 or per any retention provisions stated within that standard.

If diving equipment is defective, the employer must remove it from service until it is repaired and tested per the requirements in 1910.430, which 1926.1090 incorporates for construction. Follow the repair, re-testing, and recordkeeping procedures in 1910.430 before returning equipment to service.

Yes — labeling, marking, or tagging requirements that apply to diving equipment under 1910.430 also apply to construction under 1926.1090 because the construction language is identical. Ensure equipment is labeled, marked, or tagged as required by 1910.430.

Yes — training related to safe use, inspection, and maintenance of diving equipment used in construction should follow the provisions and related safety obligations contained in 1910.430 and the general training and hazard-communication duties in 1910. Because 1926.1090 adopts 1910.430 for construction, follow those training and competency requirements for diving tasks.

The standard requires that inspections, tests, and maintenance be performed by qualified persons as specified in the equipment rules of 1910.430, which 1926.1090 adopts for construction. Employers must ensure persons performing testing and maintenance have the qualifications, training, or certification required by 1910.430 or by applicable manufacturer or consensus standards.

Yes — employers commonly use manufacturer instructions and recognized consensus standards to meet the equipment requirements set out in 1910.430, which 1926.1090 adopts for construction. Use of relevant consensus standards or manufacturer procedures is an acceptable way to implement the inspection, testing, and maintenance practices required by 1910.430, provided they satisfy OSHA's requirements.

Interpretations and enforcement guidance that explain how OSHA applies the equipment rules can be found on OSHA's website; begin with 1926.1090 and see the identical requirements at 1910.430. For practical interpretive guidance on employer responsibilities across equipment and PPE, consult related OSHA letters of interpretation available on the OSHA site (for example, OSHA's head protection guidance at https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2), which illustrate how OSHA evaluates employer hazard assessments and PPE requirements.

No — a State Plan must have standards at least as effective as Federal OSHA. Construction employers in State Plan states must follow the State's diving equipment rules, which will be at least as protective as the Federal requirements adopted in 1926.1090 (which point to 1910.430). Check your State Plan agency for any state-specific or more stringent requirements.

Yes — emergency repairs and replacement actions that affect the safety of diving equipment must be handled consistent with the inspection, repair, and documentation requirements in 1910.430, which 1926.1090 applies to construction. Document the repair, who performed it, the tests completed, and the return-to-service determination as required by 1910.430.

Yes — employers may adopt inspection, testing, and maintenance schedules that are more protective than the minimums in 1910.430 as long as they meet or exceed OSHA's requirements. Because 1926.1090 adopts 1910.430 for construction, using a more frequent or stricter program is acceptable and often encouraged for higher-risk diving operations.

Contact your local OSHA regional or area office for enforcement and compliance questions about 1926.1090 and the identical provisions in 1910.430. OSHA's website and local offices can provide guidance, and interpretation letters on specific topics are posted on OSHA's site (for example, see https://www.osha.gov/laws-regs/standardinterpretations/2024-06-06-2 for an example of interpretive guidance on employer responsibilities).