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Department of Environmental Protection Diving Safety Manual

June 17, 2003

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVING SAFETY MANUAL June 17, 2003 Table of Contents Table of Contents 1.0 General Policy 1.100 General 1.110 Purpose 1.120 Background 1.130 Revision of Manual 1.200 Management and Oversight 1.210 The DEP Dive Control Board 1.220 Unit Diving Safety Officer and Diving Unit 1.230 Liability 1.240 Diving Definition 1.250 DEP Diving DEP Diver Categories, Eligibility, Requirements, Evaluations, Approval, and Reciprocity 2.010 Application of requirements 2.020 Evaluations 2.030 Authorization 2.040 Eligibility 2.100 Diver Categories 2.110 Diver-in-Training 2.120 DEP Diver 2.121 Documentation 2.122 Training 2.123 Evaluations/examinations 2.130 DEP Scientific Diver 2.140 Observer Diver 2.150 Volunteer Diver 2.200 Evaluations/examinations 2.210 Medical Evaluation and Statement 2.220 Swimming Evaluation 2.230 Scuba Skills Evaluation 2.240 Written Examination 2.250 Open Water Evaluation 2.300 Depth Categories 2.400 Reciprocity Maintenance, Requalification, Revocation, and Reinstatement of Diver Status 3.100 Minimum Activity to Maintain Approval 3.200 Diver Requalification 3.300 Requalification of Depth Approval 3.400 Medical Evaluation 3.500 Revocation of Diving Status 3.600 Reinstatement Specialized Diving and Equipment 4.100 Law Enforcement 4.200 Hookah Diving 4.300 Surface Supplied Diving 4.400 Mixed Gas Diving 4.500 Saturation Diving 2 Page 1 4 4 4 4 4 4 4 5 5 5 5 5 5 6 6 6 6 6 6 6 7 7 7 7 8 8 8 8 8 9 9 10 10 10 10 11 11 11 11 11 11 11 12 12 12 12

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4.600 Rebreathers 4.700 Enclosed or Confined Space Diving Operations 4.800 Decompression Dives 5.0 Diving Limits, Refusal, Termination 5.100 Refusal to Dive 5.200 Limits 5.210 Solo Scuba Diving 5.220 Depth Limits 5.230 Safety Stops 5.300 Termination of the Dive Dive Equipment and Maintenance Requirements 6.100 Dive Equipment, Use, and Maintenance 6.110 Dive Tables 6.120 Diving Computers 6.200 Support Equipment 6.210 Diver's Flags 6.220 First Aid Kit and Oxygen Resuscitator 6.230 Emergency Manual 6.240 Emergency Communication Equipment 6.300 Specialized Equipment 6.310 Tools 6.320 Breathing Masks and Helmets Diving Operations 7.100 Dive Plan 7.200 Lead Diver 7.300 During Dive Operations 7.400 Post Dive 7.410 Lead Diver Responsibilities 7.420 Diver Responsibilities 7.500 Accident Reporting Record Keeping 8.100 Listing of Divers 8.200 Diver Activity 8.300 Diving Plans 8.400 Diving Equipment Maintenance 8.500 Availability of Records Emergency Deviation from Standards Diving Emergency Management Protocol 10.100 On Site 10.200 Helicopter Transfer Protocol 10.300 Post Accident Action

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Appendices Appendix I Forms A. Dive Plan B. Dive Log C. Equipment Maintenance Log D. Volunteer Service Agreement E. Statement of Fitness to Dive Appendix II Application and Evaluations A. Diver Qualification Checklist B. Application and Diving Resume C. Statement of Understanding D. Medical Evaluation Requirements Part 1. Diving Medical Exam Overview for Physician Part 2. Medical Evaluation and Physician Statement Part 3. Diving Medical History Form E. Medical Release of Information F. Medical Monitoring Justification G. DCB Notification Appendix III Reference Material A. Glossary of Terms B. Safe Ascent Recommendations C. Guidelines for Use of Dive Computers D. Multiple Day Diving General Guidelines E. Nitrox Recommendations F. Publications/Papers Butler Hicks G. References 21 22 24 25 26 27 28 29 32 33 34 36 38 40 42 43 44 45 46 50 51 52 53 60 61 69 80

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1.0

GENERAL POLICY

1.100 General

This DEP Diving Safety Manual includes standards that establish Administrative policies and responsibilities applicable to persons diving under the auspices of the Florida Department of Environmental Protection (DEP) in a working environment (employee or volunteer). It is not intended to apply to visitors or recreational divers visiting DEP facilities. 1.110 PURPOSE The purpose of this Diving Safety Manual (Manual) is to: 1. ensure that all diving under the auspices of DEP is conducted in a manner that will maximize protection of divers from accidental injury and/or illness; 2. provide policies and procedures that will enable DEP's employees to meet requirements of local diving environments and conditions as well as to comply with the Occupational Safety and Health Administration (OSHA) diving requirements; 3. set forth standards for training and evaluation which will allow a working reciprocity between various units within DEP and with outside organizations. 1.120 BACKGROUND This Manual was developed and written by the DEP Diving Control Board (DCB) by compiling and analyzing the policies and standards set forth in the diving manuals of American Academy of Underwater Sciences (AAUS), and several university, private, and governmental scientific diving programs as well as OSHA diving requirements (29CFR, Part 1910, Subpart T). For background, refer to Appendix III. 1.130 REVISION OF MANUAL This Manual will be reviewed on a semi-annual basis by the DCB to allow for continuing evaluation of current diving industry standards. This semi-annual review shall include consideration of recommendations for amendments and changes to the Manual, which emanate from both within and outside the DCB.

1.200 Management and Oversight

1.210 THE DEP DIVING CONTROL BOARD (DCB) Diving conducted under the auspices of DEP is coordinated by and operates under the supervision of the DCB. The DCB works with the DEP Safety and Health Program Administrator and has authority over DEP's diving program operation in accordance with OSHA requirements in 29CFR 1910, subpart T. The DCB includes representatives from Divisions, Districts, and Units that use diving in support of DEP's mission. A majority of the DCB members are active Scientific Divers with DEP. A chairperson and secretary may be selected from the membership of the DCB. The DCB meets at least semi-annually, and minutes from meetings will be available through the DEP Safety office. The DCB shall at a minimum: - review and revise the Manual; - recommend changes in policy as the need arises; - act as the official representative of DEP in matters concerning diving with DEP; - ensure that air stations meet air quality standards; - establish criteria for equipment selection and use; - recommend new equipment or techniques; - periodically review the performances of Unit Diving Safety Officers (UDSO)s and dive Units; - approve training programs through which the candidates for DEP diving can satisfy the requirements of this Manual; - recommend the issue, reissue, or the revocation of diving privileges with the DEP; - assure adherence to the buddy system for scuba diving; - approve the depths to which a diver has been trained; - approve and monitor diving projects; - suspend diving which it considers to be unsafe or unwise; - recommend disciplinary action for unsafe practices; 5

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- sit as a board of investigation to inquire into the nature and cause of diving incidents or violations of this Manual; - act as a board of appeal to consider diver- and diving-related problems. 1.220 UNIT DIVING SAFETY OFFICER AND DIVING UNIT Each Division/District/Bureau, or "Unit" that has diving activities shall appoint a Unit Diving Safety Officer (UDSO) for that field unit. The DCB will be informed by the Unit of the appointment of the UDSO within 30 days of the appointment. The UDSO must submit diving credentials to the DCB, and the DCB reserves the right to comment on the appointment. The UDSO must be an experienced diver and qualified as a DEP Diver according to the DEP Diving Safety Manual. The UDSO may serve as a member of the DCB. The UDSO is responsible, through the DCB and Safety and Health Program Administrator, for the conduct of diving done under the auspices of the Unit. The routine operational authority for the diving operations of the Unit, including assuring training, approving dive plans, maintaining dive records, ensuring compliance with this Manual and all relevant regulations of the DEP, rests with the UDSO. The UDSO: - except for the responsibility for the safe conduct of the diving activity of the Unit, may permit portions of the Unit diving activity oversight to be carried out by a qualified delegate. - shall suspend diving operations which the UDSO considers to be unsafe or unwise. 1.230 LIABILITY In adopting the standards set forth in this manual, DEP assumes no liability not otherwise imposed by law. Each member of the program's diving Unit acknowledges that: 1. Diving is voluntary (see Section 5.00) 2. Specific levels of training and proficiency are necessary to ensure a diver's safety; 3. Compressed air/gas diving has inherent risks. 4. Not adhering to proper diving procedures, depth or time profiles, ascent rates, physical fitness requirements, equipment requirements, equipment maintenance requirements, and all other safe diving procedures can result in injury or death. If failure to use these procedures contributes to injuries received, workers compensation benefits may be reduced under the provisions of Chapter 440.09(5), F.S. 1.240 DIVING DEFINITION Diving assumes that the individual is exposed to hyperbaric pressure (pressure that exceeds one atmosphere) and the individual is breathing air or gasses that are compressed and supplied through a hose or a cylinder with a pressure regulator. Any and all diving performed by DEP employees as part of a work or mission related activity shall comply with these standards. Diving modes include scuba, surface supplied, rebreathers, saturation, hookah, and mixed gases including Nitrox, Trimix, and Heliox. 1.250 DEP DIVING For the purposes of these standards, diving conducted by DEP includes any diving operation which DEP is connected to because of ownership of equipment, locations selected, or relationship with the individual(s). This includes all cases involving operations where DEP employees are acting within the scope of their employment, including operations in which employees of other governmental or nongovernmental organizations are engaged in diving from a collaborating organization.

2.0 DEP DIVER CATEGORIES, ELIGIBILITY, REQUIREMENTS, EVALUATIONS, APPROVAL, AND RECIPROCITY

2.010 The requirements in this section apply to divers intending to dive with DEP or requesting to dive under the auspices of DEP. 2.020 Submission of documents and participation in aptitude examinations does not automatically result in approval to dive with DEP. The candidate must convince the UDSO that s/he is sufficiently skilled and 6

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proficient to dive with DEP. These skills will be acknowledged by the signature of the UDSO on the diving skills checklist. Any candidate who does not possess the necessary judgment, under diving conditions, for his or her own safety and the safety of his/her partner, may be denied DEP diving privileges. If the UDSO does not feel the candidate meets the requirements, the candidate may petition the DCB for approval. 2.030 The DEP requires that no person shall engage in diving with the agency unless that person is authorized by a DEP diving unit pursuant to the provisions of this manual. 2.040 DEP employees and regular service volunteers are eligible for approval as a DEP Diver or Scientific Diver. To be eligible for participation in, or to supervise DEP diving operations, employees must have an open water certification awarded by a nationally or internationally recognized scuba diving institution. Military and commercial dive training certifications will also be accepted. In addition, diving should be included in an employees position description.

2.100 Diver Categories

There are five categories of DEP divers: Diver-in-Training, DEP Diver, Scientific Diver, Observer, and Volunteer. These categories and their requirements are outlined below: 2.110 DIVER-IN-TRAINING Signifies that a diver has completed and been certified as at least an open water diver through a nationally or internationally recognized certifying agency, scientific diving program, or its equivalent. Military or commercial dive training documentation will also be accepted. A diver-in-training must have completed a minimum of 40 hours of at least entry level scuba training with at least five ocean or open water dives. Examples of nationally or internationally recognized scuba diving certifying agencies include: PADI: Professional Association of Diving Instructors NAUI: National Association of Underwater Instructors YMCA: Young Men's Christian Association NASDS: National Association of SCUBA Diving Schools SSI: Scuba Schools International CMAS: Confederation Mondiale Des Activities Subaquatiques This category shall be granted to candidates for DEP Diver status upon completion of requirements listed in Section 2.200 (Evaluations/examinations). 2.120 DEP DIVER Signifies that a diver has met all the requirements of the DEP Diving Safety Manual and has approval to dive with the DEP from a UDSO. This category constitutes approval to dive on approved DEP projects, usable only while it is current and for the purpose(s) intended. The following are considered minimum requirements for approval as a DEP Diver. Supporting documentation and evaluations need to be submitted to the UDSO. 2.121 Documentation 1. Application for DEP Diver status - shall be made to the UDSO on the form prescribed by the DEP Unit. (see Appendix II for example). 2. Proof of diver-in-training status. 3. Emergency Care Training (must be current*) a. cardiopulmonary resuscitation (CPR) b. emergency oxygen administration c. first aid.

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Reviews, and challenge programs for emergency care training approved by the DCB will satisfy the requirements. 4. Specialized Training Divers that use specialized operating modes (e.g.: Law Enforcement) or equipment (e.g.: surface supplied, Nitrox, dry suits, hookah, saturation) will document current specialized training. 2.122 Training In addition to the minimal requirements, and at the discretion of the UDSO, approval for DEP Diver status within a dive unit will also include diving and safety related training beyond an entrylevel certification card or equivalent. Possible additional training topics include: 1. Theoretical and practical aspects of diving such as principles and activities appropriate to the intended area of scientific study. 2. Rescue and Advanced Diving First Aid, including, diving accident management, field neurological exam, recognition of DCS and AGE symptoms and treatment; 3. Scientific Diving Techniques such as data gathering techniques, collecting, identification or behavior of common biota, installation of scientific apparatuses, use of chemicals, site selection, site location and relocation, ecology, tagging, photography, archaeology; 4. Dive Planning, coordination with other agencies, appropriate governmental regulations, DEP and AAUS diving regulations; 5. Special topics such as theoretical training in diving technology, specialized equipment, blue water diving, diving in confined spaces, zero visibility diving, research vessel diving, aquarium diving, animal handling, polluted water diving, cold water diving, special gas mixes, decompression theory and its application. 6. Small boat operation, seamanship; 7. Practical training of ocean or open water dives (beyond Diver-In-Training level) in a variety of dive sites and diving conditions. 2.123 Evaluations/examinations As required in Section 2.200. 2.130 SCIENTIFIC DIVER Signifies that a diver has met all the requirements of the DEP Diving Safety Manual and has approval to dive with the DEP from a UDSO. This category is intended to satisfy the requirements for purposes of reciprocity with AAUS member organizations. In addition to the requirements for DEP Diver, a diver requesting status as a Scientific Diver within a dive unit must: a) document completion of additional theoretical and practical training beyond the diver-intraining level for a minimum cumulative time of 100 hours. 1) theoretical training shall be in the topics outlined under training for DEP Diver above (Section 2.122). 2) practical training shall include at least 12 supervised ocean or open water dives in a variety of dive sites and diving conditions, for a cumulative bottom time of 6 hours. No more than three of these dives in one day shall count toward this total. b) pass an advanced level written examination (80% overall, 100% on dive tables). 2.140 OBSERVER DIVER This category is designed for the recreationally certified diver who will be observing underwater activities of DEP personnel or activities (i.e.: a non-working diver). An Observer Diver must provide a copy of their certification card, log book, and complete the Statement of Understanding (Appendix IIC) and Statement of Fitness to Dive (Appendix I E). For non-DEP employees, a volunteer service agreement must also be

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completed. Approval to dive is at the discretion of the UDSO. Observer Diver is a temporary approval designed for limited use, and is restricted to the planned diving operation. 2.150 VOLUNTEER DIVER 2.151 Regular service volunteers must meet the same requirements as DEP employees while working on long term and routine DEP dive projects. A regular volunteer is a non-DEP employee who has completed the necessary DEP forms that approve them for volunteer status, provides on-going service as a volunteer and who has the approval of appropriate Department staff to assist with the project by diving. 2.152 Occasional service volunteers may be authorized by the UDSO to participate in one time or infrequent volunteer service involving diving. These volunteers must meet the following minimum qualifications: 1. 2. 3. 4. Signed Statement of Fitness to Dive Completion of Application for Diving Status and Diving Resume Completed DEP Volunteer Agreement Presentation of nationally or internationally recognized diving certification at a level determined by the UDSO to be the minimum required for the specific activities required of the volunteer diver. 5. Dive log review which would show that the diver is current with at least six dives in the past 12 months. 6. Completion of in-water dive evaluation by the UDSO. The use of volunteer divers for one time or infrequent volunteer service shall be in accordance with the Dive Plan as outlined in Section 7.100. In addition to the normal requirements, the UDSO must provide a detailed outline regarding the use of volunteers and the requirements for them to participate as volunteer diver without being required to meet the requirements for divers as outlined in 2.010-2.140 of this manual. When utilizing occasional service volunteers to dive under the procedures in this section, the UDSO must consider the nature of the project, potential risk to the volunteer and public. The UDSO shall determine and specify in the plan the minimum certification and skills required by the volunteer.

2.200 Evaluations/Examinations

DEP Divers, Divers-in-Training, Scientific Divers and Regular Service Volunteer Divers must successfully complete the following: 1. Medical approval (Appendix II). Medical approval must be obtained prior to proceeding with training or water evaluations; 2. Written examination; 3. Water evaluation, swim evaluation, and open water dive(s) to appropriate depth(s) with evaluation of skills; and 4. Document current certification or training in first aid, CPR, and oxygen administration (see Section 2.121). Divers that use specialized operating modes and equipment (surface supplied, Nitrox, dry suits, hookah, saturation, for example) will document current specialized training and may be evaluated on the use of the equipment at the discretion of the UDSO. 2.210 MEDICAL EVALUATION AND STATEMENT Each diver shall submit a statement from a licensed physician, based on an approved medical examination, attesting to the applicant's fitness for diving. Each diver will receive a medical examination upon entry into the program and at intervals defined in Appendix II. The physician retains medical records. A statement from the physician as to the applicant's fitness for diving shall be submitted to the UDSO (Appendix II).

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Minimum medical standards are listed in Appendix II. All DEP Divers and Scientific Divers will maintain the medical standards and requirements set forth by this document and may, if appropriate, participate in the Medical Monitoring Program. 2.220 SWIMMING EVALUATION The candidate shall successfully perform the following tests, or their equivalent, in the presence of the UDSO 1. Swim underwater without swim aids (fins, snorkel, etc.) for a distance of 25 yards without surfacing. 2. Swim 400 yards in less than 12 minutes without swim aids. 3. Tread water for 10 minutes, or 2 minutes without the use of hands, without swim aids. 4. Without the use of swim aids, transport another person of equal size a distance of 25 yards in the water. 2.230 SCUBA SKILLS EVALUATION Upon successful completion of the swimming evaluation, the candidate must satisfy the UDSO or the evaluator of his/her ability to perform the following, as a minimum, in a pool or in sheltered water: 1. A safe water entry with full scuba gear. 2. Clear a completely flooded facemask. 3. Demonstrate air-sharing techniques, including both buddy breathing and the use of alternate air source, as both donor and recipient, with and without a face mask. 4. Demonstrate the ability to alternate between snorkel and scuba while swimming on the surface in full scuba gear. 5. Demonstrate an understanding of basic underwater signs and signals. 6. Simulate the rescue and transport a passive simulated accident victim, transporting the victim a distance of 25 yards. Both rescuer and rescuee will be in full scuba gear. 7. Demonstrate the ability to remove and replace equipment while submerged. 8. Demonstrate the ability to attain and maintain neutral buoyancy in the water column. 9. Demonstrate watermanship ability that is acceptable to the evaluator. 2.240 WRITTEN EXAMINATION As part of the evaluation, the candidate must pass a written examination (Department-standardized. 80% overall, 100% on dive tables) that demonstrates knowledge of at least the following: 1. Function, care, use, and maintenance of diving equipment; 2. Physics and physiology of diving; 3. Diving regulations and precautions; 4. Near-shore currents and waves; 5. Dangerous aquatic animals; 6. Emergency procedures, including buoyant ascent and ascent by air sharing; 7. Currently accepted decompression procedures; 8. Demonstrate the proper use of dive tables; 9. Underwater communications; 10. Aspects of freshwater diving and flying after diving; 11. Hazards of breath-hold diving and ascents; 12. Planning and supervision of diving operations including emergency protocols; 13. Diving hazards; 14. Causes, symptoms, treatments, and prevention of the following: near drowning, air embolism, carbon monoxide and carbon dioxide excess, squeezes, oxygen toxicity, nitrogen narcosis, exhaustion and panic, respiratory fatigue, motion sickness, decompression sickness, hypothermia, heat exhaustion, heat stroke, and hypoxia/anoxia. 2.250 OPEN WATER EVALUATION The candidate must satisfy the evaluator (UDSO or appointee), of his/her ability to perform at least the following in open water: 1. Surface dive to a depth of 10 feet in open water without scuba. 2. Demonstrate proficiency in air sharing, including both buddy breathing and the use of alternate air source, as both donor and recipient 10

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3. Safely enter and leave open water or surf, or leave and board a diving vessel, with scuba gear. 4. Kick on the surface 400 yards while wearing scuba gear, but not breathing from the scuba unit. 5. Demonstrate judgment adequate for safe diving (for example: evaluation of conditions of the site, evaluation of individuals preparedness to dive, including self, under what conditions a dive would not be done, under what conditions a dive would be aborted). 6. Demonstrate, where appropriate, the ability to maneuver efficiently in the environment, at and below the surface. 7. Demonstrate the ability to attain and maintain neutral buoyancy in the water column. 8. Complete a simulated emergency swimming ascent. 9. While submerged, demonstrate clearing of a completely flooded mask. 10. While submerged, demonstrate clearing of a flooded regulator. 11. Demonstrate techniques of self-rescue and buddy rescue. 12. Navigate underwater (Optional. Dependent upon Unit needs). 13. Plan and execute a dive.

2.300 Depth Categories

All depth category certifications pertain to all classifications of divers and are contingent upon the approval of the UDSO. The categories are as follows: 1. At the discretion of the UDSO, all classifications of divers will be permitted to dive to a depth of 60 feet upon successfully meeting all requirements for their classification. 2. Approval to 100 feet. A diver approved to a 60 ft. depth category may be approved to dive to a depth of 100 ft. by logging four dives near 100 ft. The signature of an authorized individual approved to at least the same depth shall validate these qualification dives. 3. Approval to 130 ft. A diver approved to a 100 ft. depth category may be approved to a depth of 130 ft. by logging four dives near 130 ft. The signature of an authorized individual approved to at least the same depth shall validate these qualification dives. 4. Diving is not permitted beyond a depth of 130 feet without prior approval of the DCB. See 3.100 for requirements of sustaining depth qualification.

2.400 Reciprocity

Any diver from an agency with diving reciprocity with DEP who wishes to dive with DEP will be considered to have Volunteer Diver status with DEP. The diver must have a certifying document from his/her home organization's diving officer attesting to the diver's abilities (see section 2.130 for Scientific Diver qualifications). The visiting diver's risk insurance is the responsibility of the home organization and/or its diving Unit. The diving officer at the visiting divers institution will provide the name of the insurance carrier and the insurance company's phone number on the reciprocity authorization form. The DCB Reciprocity Subcommittee will approve or disapprove dive reciprocity requests.

3.0 MAINTENANCE, REQUALIFICATION, REVOCATION, AND REINSTATEMENT OF DEP DIVER STATUS

3.100 Minimum Activity to Maintain Approval

During any 12-month period, each approved DEP diver, with the exception of Observer Diver, must log a minimum of 12 dives, at least four of which must be conducted as part of employment with DEP. At least one dive must be logged near the maximum depth of the diver's certification during each six-month period. Failure to meet these requirements may be cause for revocation or restriction of diving approval.

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3.200 Diver Requalification

If a divers' approval expires due to lack of diving activity, requalification to Diver status following less than a three year lapse in compliance shall include being current with medical examination, CPR, first aid, and oxygen administration and an open water evaluation by the UDSO or designee. At the discretion of the divers' UDSO, successfully participating in the next DEP Diving Safety Workshop may be used as a substitute for the open water check out. Requalification to a Diver status following greater than a three-year lapse in compliance shall include being current with medical examination, CPR, first aid, and oxygen administration. The individual must successfully perform the swim, pool, and open water evaluations as well as a written examination. At the discretion of the divers' UDSO, successfully participating in the next DEP Diving Safety Workshop may be used as a substitute for the open water evaluation. If a divers approval expires due to lapse of current certifications, a diver may requalify as a DEP Diver by successfully completing the next available course for the required certification and submitting the documentation to the UDSO.

3.300 Requalification of Depth Approval

Once the initial approval requirements are met, divers whose depth category has lapsed due to lack of diving activity may be requalified. Requalifying depth limits for lapsed divers shall include a dive with a qualified DEP Diver to the appropriate depth and submitting documentation to the UDSO. The UDSO may then consider reinstating depth approval.

3.400 Medical evaluation

All approved DEP divers shall pass a medical examination at the intervals specified in these standards (Appendix II). After pregnancy, each major illness, injury or incident, an approved diver shall receive clearance to return to diving from a physician before resuming dive activities.

3.500 Revocation of Diving Status

Diving status may be revoked or restricted for cause by the UDSO or the DCB. Violations of standards set forth in this Manual, or other governmental subdivisions that are not in conflict with this Manual, may be considered cause. The UDSO shall inform the diver in writing of the reason(s) for revocation. The diver will be given the opportunity to present his/her case in writing to the DCB for reconsideration and/or reinstatement of approval. All such written statements and requests, as identified in this section, are formal documents which will become part of the diver's file.

3.600 Reinstatement

If a diver's status is revoked, s/he may be reinstated after complying with such conditions as the UDSO or the DCB may impose. The diver shall be given an opportunity to present his/her case to the DCB before conditions for reinstatement are stipulated.

4.0

SPECIALIZED DIVING AND EQUIPMENT

4.100 Law Enforcement

DEP Division of Law Enforcement (DLE) divers require specialized knowledge, skills, and/or abilities specific to law enforcement diving operations (search and rescue, crime scene investigations, environmental threat assessments, etc.). Therefore, DLE divers are considered "Public Safety Divers" and are exempt from the requirements of this document. However, DLE divers must comply with specific guidelines established by the Division of Law Enforcement.

4.200 Hookah Diving

Hookah divers shall comply with all diving procedures in this manual. 1. It is strongly recommended that each hookah diver have an emergency air supply (such as a pony bottle) in the event of a hose failure. Divers using the hookah mode shall be equipped

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2. 3. 4. 5. 6.

with a diver-carried independent reserve breathing gas supply if diving is beyond 30 foot depths. Each hookah diver shall be hose-tended by a separate dive team member. The hookah breathing gas supply shall be sufficient to support all hookah divers in the water for the dive, including decompression. A non-return or check valve shall be installed at the diver end of the supply hose. An over pressure relief valve will be installed on the scuba regulator first stage. Solo hookah diving in depths less than 30 feet is permitted provided a tender oversees the diver (monitors air supply, tends hose, watches the diver while under water, and is prepared to enter the water if a need arises).

4.300 Surface Supplied Diving

In addition to the following stipulations, surface supplied divers shall also comply with all scuba diving procedures in this Manual with the exception that solo diving is allowed. Surface supplied diving shall not be conducted at depths greater than 130 feet without prior approval by the DCB. All employees using surface supplied equipment will have received training in its use and emergency procedures. 1. Divers using the surface supplied mode shall be equipped with a diver-carried independent reserve breathing gas supply. 2. A non-return or check valve shall be installed at the diver end of the supply hose. 3. Each surface supplied diver shall be hose tended by a separate dive team member while in the water. 4. Divers using the surface supplied mode shall maintain hard-wire voice communication with the surface tender. 5. The surface supplied breathing gas supply shall be sufficient to support all surface supplied divers in the water for the duration of the planned dive, including decompression. 6. During surface supplied diving operations when only one diver is in the water, there must be a standby diver in attendance at the dive location.

4.400 Mixed Gas Diving

Divers using nitrogen-oxygen mixtures (Nitrox) shall comply with the AAUS or NOAA recommendations (see Appendix III). Use of other mixed gases is prohibited without prior approval of the DCB.

4.500 Saturation Diving

Saturation divers shall comply with the saturation diving regulations of the sponsoring organization (e.g., NOAA, NURC). Saturation dives will be approved by the DCB.

4.600 Rebreathers

Use of rebreathers is prohibited without prior approval of the DCB.

4.700 Enclosed or Confined Space Diving Operations

No wreck penetrations, cave or cavern diving operations shall be conducted without the express consent of the DCB. Any personnel engaging in such operations shall have received specialized training and certification from a recognized training facility and shall comply with the enclosed or confined space diving regulations of the sponsoring organization.

4.800 Decompression Dives

Planned decompression diving is discouraged by the DCB. A timekeeper on the vessel or platform will monitor any staged decompression dives. Emergency air/gas supplies will be staged at the appropriate depths for the decompression stops. A standby diver will be available to assist the dive team during their ascent.

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5.0

DIVING LIMITS, REFUSAL, TERMINATION

5.100 Refusal to Dive

The decision to dive is that of the diver. A diver may refuse to dive, without fear of penalty or discipline, whenever s/he feels it is unsafe to make the dive or if their personal health (such as illness or injury) would preclude a safe dive. The ultimate responsibility for safety rests with the individual diver. It is the diver's responsibility and duty to refuse to dive if, in his/her judgment, conditions are unsafe or unfavorable, or if s/he would be violating the precepts of his/her training or the DEP Diving Safety Manual.

5.200 Limits

5.210 SOLO SCUBA DIVING All scuba diving operations shall be planned and executed in such a manner as to ensure that every diver maintains constant, effective communication with at least one other DEP Diver who can respond to an emergency in the water. This buddy system is based upon mutual assistance, especially in the case of an emergency. Dives should be planned around the competency of the least experienced diver. If loss of contact occurs within a buddy team, the divers shall reestablish contact or surface within one minute. 5.220 DEPTH LIMITS No dive operations shall be conducted in excess of 130 feet without prior approval by the DCB. 5.230 SAFETY STOPS For dive operations in excess of 40 feet, divers will execute a safety stop at a depth between 15 and 10 feet for a minimum of 3 minutes prior to surfacing.

5.300 Termination of the Dive

1. It is the responsibility of the diver to terminate the dive, without fear of penalty, whenever s/he feels it is unsafe to continue the dive, unless it compromises the safety of another diver already in the water. 2. The dive shall be terminated while there is still sufficient tank pressure to permit the diver to safely reach the surface, including safety stops, with no less than 500 psi.

6.0

DIVE EQUIPMENT AND MAINTENANCE REQUIREMENTS

6.100 Dive Equipment, Use, and Maintenance

All scuba divers conducting dive operations for DEP shall be outfitted with the following state-supplied equipment: # regulator - single hose. Includes secondary air source. # submersible pressure gauge # depth gauge # time keeping device (watch, bottom timer, or computer) # buoyancy compensator (with auto inflator) # weight belts/weighting system (where appropriate) # dive knife # protective clothing (appropriate thermal protection) # mask # snorkel # fins 14

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# #

tank/s audible signaling device (e.g., whistle)

All equipment shall be of a type approved by the UDSO and/or the DCB. Personal gear may be used if it is inspected and approved by the UDSO prior to its use. Malfunctioning equipment shall be repaired by a by a qualified technician/individual or replaced. It is the divers responsibility to be sure that gear is in working order before using. 1. Regulators - single hose. Includes second air source for dives exceeding 30 fsw. Scuba regulators shall be inspected and tested prior to the first use of the day by the diver and at least once every twelve months thereafter by a qualified technician. 2. Gauges: only those makes and models of submersible pressure gauges and depth gauges specifically approved by the UDSO and the DCB shall be used. These gauges shall be inspected and tested by the diver before first use of the day and by a qualified technician at least once every twelve months thereafter to assure they are functioning properly. Inaccurate gauges shall not be used. 3. Personal flotation systems, buoyancy compensators, dry suits, or other variable volume buoyancy compensation devices shall be equipped with an exhaust valve. They shall be checked for leaks after every dive. These devices shall be functionally inspected and tested at intervals not to exceed twelve months by a qualified technician. 4. Quick release devices. All weight systems and scuba backpacks worn by the diver shall be equipped with quick release devices designed to permit jettisoning of the weights separately, and of the entire gear. The quick release device must operate easily with a single motion by either hand. 5. Backpacks, buoyancy compensators, and weight systems shall be regularly examined by the person using them. 6. Scuba cylinders shall be designed, constructed, and maintained in accordance with the applicable provisions of the Unfired Pressure Vessel Safety Orders and appropriate Department of Transportation (DOT) specifications. a. Scuba cylinders must be hydrostatically tested in accordance with DOT standards. (At least once every five years @ 1.67 times the rated pressure). b. Scuba cylinders must have an internal inspection to industry standards at intervals not to exceed twelve months. c. Scuba cylinder valves must be functionally tested at intervals not to exceed twelve months. 7. Surface supplied equipment will be maintained and tested prior to and after each operation. If defective, malfunctioning components will be repaired or replaced. 6.110 DIVE TABLES The appropriate set of diving time/depth tables must be available at the dive location at all times. It is recommended that the most recent US Navy-based diving tables, their equivalent, or more conservative tables be used for determining dive profiles for all compressed air diving operations. For Nitrox or mixed gas operations, the appropriate tables will be used. For example, for 36% Nitrox, a Nitrox table for 36% oxygen or the equivalent air depth (EAD) method will be used to determining dive profiles.

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6.120 DIVING COMPUTERS Diving computers that monitor time at depth may be used. The UDSO must approve the brand and model of the computer prior to use. Each diver using a computer will demonstrate understanding of the computer's operating characteristics. (Appendix III contains general guidelines for dive computer use).

6.200 Support Equipment

6.210 DIVE FLAGS Dive flags - red with diagonal white stripe and the international Alpha - shall be displayed prominently during all diving operations, except in emergencies (see Section 9.0, Emergency deviation from standards). The flags will be covered or lowered when divers are not in the water. 6.220 FIRST AID KIT AND OXYGEN RESUSCITATOR A first aid kit and a demand regulator oxygen resuscitator are required to be available at the dive site along with at least one person skilled in the use of the resuscitator. First aid expendable supplies should be replaced as necessary. Maintenance of the equipment shall be the responsibility of the UDSO. It is recommended that a DAN emergency manual or equivalent be included with the First Aid supplies. 6.230 EMERGENCY MANUAL All units should have a copy of the DAN Emergency Manual or equivalent on site during diving operations. 6.240 EMERGENCY COMMUNICATION EQUIPMENT A VHF radio or cellular telephone will be available at the dive site. For operations outside the range of VHF and cellular phones, a single side band radio (frequency 2182) is recommended. Emergency phone number (911), VHF (Channel 16), Divers Alert Network (919) 684-8111 and other pertinent phone numbers shall be identified during dive planning and be available on site.

6.300 Specialized Equipment

6.310 TOOLS Using tools underwater other than those typically used in conjunction with scientific diving requires compliance with the OSHA commercial diving regulations (29 CFR 1910, Subpart T and updates). These activities shall have prior review and approval by the DCB. 6.320 BREATHING MASKS AND HELMETS Breathing masks and helmets shall have: 1. A non-return valve at the attachment point between helmet or mask hose, which shall close readily and positively; 2. an exhaust valve; and 3. a minimum ventilation rate capable of maintaining the diver at the depth to which s/he is diving.

7.0

DIVING OPERATIONS

7.100 Dive Plan

No diving operations shall take place unless there is a diving plan on file that has been reviewed and approved by the UDSO. Planning of a dive operation shall make safety and health a top priority. Before conducting any diving operations, the lead diver for a proposed operation shall complete a dive plan (Appendix I). The dive plan shall consist of information on participating divers, planned dives, proposed dive site/s, equipment to be used, and emergency procedures. 16

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7.200 Lead Diver

For each dive, one individual shall be designated as the lead diver. The lead diver shall be on site during the diving operation and be responsible for diving operations. Pre-Dive Activity of the lead diver 1. Responsible for dive plan preparation; 2. assisting with equipment selection and checkouts; 3. ensuring that first aid kit, oxygen resuscitator, and a marine band radio (a cellular telephone may be used in appropriate locations) are present at the dive site; 4. briefing the dive team and vessel crew, if applicable, on tasks, methods, and emergency procedures; 5. reviewing time and depth profiles for the projected operation; 6. ensuring a safe water entry and exit is possible; 7. ensuring dive flag(s) are displayed; 8. ensuring that a chase boat is deployed for diving from a larger vessel; 9. determining if a standby diver should be prepared to deploy in the event of an emergency; and 10. coordinating with other known activities in the vicinity which are likely to interfere with diving operations.

7.300 During Dive Operations

Each diver is responsible for 1. Checking his/her dive equipment prior to entering the water; 2. monitoring bottom time, breathing gas supply, and depth; 3. ensuring that members of their dive team do not become separated and following proper procedures if they do become separated; 4. maintaining safe ascent rate, not to exceed dive table or dive computer recommended ascent rates, whichever is more conservative; 5. complying with safety stops when required (see section 5.230); and 6. observing your dive buddy team for signs of fatigue and anxiety and that dangerous hazards are not in evidence.

7.400 Post Dive

7.410 The lead diver is responsible for: 1. Accounting for all personnel; 2. having the dive team record time, depth, and surface interval information on logs; 3. monitoring and inquiring to divers about any physical problems or adverse physiological effects including symptoms of pressure-related injuries; and 4. reporting significant deviations from the dive plan or other incidents to the UDSO. Divers are responsible for: 1. Completing and submitting individual dive logs; 2. reporting any physical problems or symptoms of decompression sickness, to the lead diver; 3. filing appropriate injury reports as required; 4. reporting malfunctioning equipment to the lead diver and removing it from service; 5. rinsing equipment; and 6. upon completion of the dive operation, returning equipment to appropriate storage facility.

7.420

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7.500 Accident Reporting

All workplace accidents involving any injury shall be reported in accordance with Workers' Compensation law and DEP Directive 450. All diving accidents or injuries shall be reported to the UDSO, the diver's immediate supervisor, and the DCB. Information must meet the following reporting requirements: 1. The lead diver shall record the occurrence of any diving-related injury or illness which requires any dive team member to be hospitalized for 24 hours or more, or after an episode of unconsciousness related to diving activity, or after treatment in a recompression chamber following a diving accident. The report will specify the circumstances of the incident and the extent of any injuries or illnesses. 2. DEP shall record and report occupational injuries and illnesses in accordance with Florida Administrative Code Chapter 38I-60, which requires public sector employees to maintain accurate records of occupational injuries and illnesses through the use of FDLES form SAF200 or an equivalent form.

8.0

RECORD KEEPING

The UDSO will receive and keep on file copies of all pertinent training, dive, and equipment records for their unit divers per OSHA, FDLES and DEP requirements.

8.100 Listing of Divers

UDSO will maintain a listing of personnel within their Unit who are approved to dive with DEP, the certifying agency, date of certification, and hours logged diving. This listing shall be reviewed and updated every six months. A summary of unit diving activity will be submitted to the DCB for each calendar year by January 31 of the following year.

8.200 Diver Activity

All divers approved for diving with DEP shall maintain a current divers log book or form and also ensure that their hours logged diving are updated on the appropriate Divers Log (Appendix I). Each diver shall submit a summary of diving activity to the UDSO monthly.

8.300 Diving Plans

No diving operations shall take place unless there is a diving plan on file that has been reviewed and approved by the UDSO. The dive plan is the responsibility of the lead diver for a proposed operation and shall consider the information as described in Section 7.0 and on the Dive Plan in Appendix I.

8.400 Diving Equipment Maintenance

Maintenance records on all equipment used for DEP diving (including personal equipment) shall be maintained at field offices or units where diving operations are conducted. The UDSO shall be responsible for establishing and maintaining equipment maintenance records. Appendix I contains examples of equipment maintenance records.

8.500 Availability of Records

a) Physician's statement ­ 5 years b) Records of dive ­ 1 year unless there has been an incident of pressure-related injury, then the record must be kept 5 years. c) Pressure-related injury assessment ­ 5 years.

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9.0

EMERGENCY DEVIATION FROM STANDARDS

Any diver may deviate from these standards to the extent necessary to prevent or minimize a situation that is likely to cause death, serious physical harm, or major environmental damage. Sworn law enforcement officers may be exempt from these standards when responding to emergency situations.

10.0 DIVING EMERGENCY MANAGEMENT PROTOCOL

10.100 On Site

All units should have a copy of the DAN Emergency Manual or an equivalent on site during diving operations. Rescue the victim using the most expedient and safe method. Bring the victim aboard the boat and stabilize. Hyperbaric symptoms often manifest after a diver boards the vessel; be observant. Nominal responsibility for leadership is held by the lead diver. If the lead diver is the victim, the next senior diver takes charge. 1. Assign people to stabilize and assist the victim. Use the Diver Alert Network Emergency Manual to determine the problem and appropriate treatment or response. In the event of an accident, take appropriate first aid and/or rescue measures. If it is a hyperbaric trauma accident, and the victim is conscious, administer 100% oxygen and fluids. Do not administer drugs (aspirin) and do not place the individual in the Trendelenberg position. For an unconscious victim, use appropriate CPR techniques to revive the diver and following stabilization, provide oxygen and treat for shock. Monitor victim's dive buddy. 2. Notify the Coast Guard that you have had a diving accident (Channel 16 VHF, 2182 SSB). If you have a cellular phone you may be able to call 911 or *FMP for a dispatch office as alternatives. 3. Assign a person as a log keeper and radio operator. Keep a log of all that transpires. Have the vital information about the victim: name, age, dive profile, symptoms, any treatments and medications that are administered to the victim (log the time). Be prepared to provide an accurate position to the Coast Guard (GPS, LORAN, or a nearby navigation marker). The Coast Guard will request size, registration number, color, and type of vessel. 4. Be prepared to weigh anchor and pilot the vessel to the appropriate harbor or position. The Coast Guard or the emergency medical service will advise you to remain on station or navigate to a harbor or an at sea location. 5. Give the vital information in writing to the Coast Guard or the emergency medical personnel when you transfer the victim to the Coast Guard or the emergency medical service. They may request that someone accompany the victim to the hospital or recompression chamber to answer questions and help with administrative actions. Be prepared. 6. Report the incident involving any injury in accordance with Workers' compensation law and DEP Directive 450.

10.200

Helicopter Transfer Protocol

In the event helicopter transfer is required, 1. Contact the helicopter on the radio (Channel 16, VHS) to discuss the transfer. 2. Lower antennas and secure loose items from the deck.

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3. Normally, the helicopter pilot will request you to pilot the boat at 10 to 15 knots with the wind 20 degrees off the port bow. Follow the pilot's instruction. 4. Allow the stretcher-basket or ground strap to touch the deck before touching it to avoid electrical shock. 5. Put a life jacket on the victim. Tie victim in the basket face up. Attach accident information securely to the victim.

10.300

Post Accident Action

Secure all the victims dive equipment for possible inspection. Draft an accident report and submit it to the Unit Diving Safety Officer. Refer to the log to provide an accurate account of the incident. Review your actions and those of the other individuals and include recommendations that would assist others and avoid or minimize future accidents of this type. Also see Section 7.500 of this manual and Workers compensation procedures.

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Appendices

I FORMS A. Dive Plan B. Dive Log C. Equipment Maintenance Record D. Volunteer Service Agreement E. Statement of Fitness by Occasional Service Volunteer or Observer Diver APPLICATION and EVALUATIONS A. Request to DCB to Qualify as DEP Diver B. Diver Qualification Checklist C. Application and Diving Resume D. Statement of Understanding E. Medical Evaluation Requirements F. Medical Monitoring Evaluation G. Physician Statement H. Medical Release of Information I. Medical History for Workers' Compensation Insurance

II

III REFERENCE MATERIAL A. Glossary of Terms B. Safe Ascent Recommendations C. Guidelines for use of Dive Computers D. Multiple Day Diving General Guidelines E. Nitrox Recommendations F. Publications/Papers Exclusions and Exemptions from OSHA's Commercial Diving Standard (Butler) The Legal Scope of "Scientific Diving": an Analysis of the OSHA Exemption (Hicks) G. References

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Appendix I FORMS

A. B. C. D. E.

Dive Plan Dive Log Equipment Maintenance Record Volunteer Service Agreement Statement of Fitness to Dive by Occasional Service Volunteer or Observer Diver

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Appendix I A To:

Dive Plan

, Unit Dive Safety Officer APPROVED BY UDSO DISAPPROVED BY UDSO

(Failure to have this dive plan approved by the UDSO prior to diving constitutes an unapproved dive and may result in disciplinary actions)

From: Diving Objective: Diver Name

(Lead Diver)

Date:

Phone No. of Supervisor/Contact

Name of Supervisor/Contact

Dive Site/Location

Date of Dive

Depth of Dive

Number of Dives

Dive Platform

List special hazards, if any, by site:

Dive Mode:

SCUBA Nitrox

Surface Supplied Hookah

Repetitive Diving Other: Dive Knife Time Keeping Device Protective Clothing

Basic Equipment Checklist: Regulator Buoyancy Compensator Pressure Gauge Weight Belt Depth Gauge Mask, Snorkel, Fins Dive Computer - list type_________________________

(Personal equipment must be properly maintained and must be approved for use by the UDSO. P indicates personal equipment)

Special equipment requirements: Safety Checklist: Check Weather Check Seas Check Currents Oxygen Kit First Aid Kit Radio/Cell Phone Diver's Flags Dive Tables Check Nearest Chamber Check Helicopter Medical Evacuation avail. Float plan faxed to FMP (per Boating Safety)

SEE REVERSE SIDE FOR EMERGENCY INFORMATION

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EMERGENCY CONTACT INFORMATION Local Emergency: 911, __________________________ Coast Guard: Ambulance: Police: Sheriff: Fire: Radio - VHF Channel 16 or SSB 2182 __________________________________ __________________________________ __________________________________ __________________________________

Nearest Hospital(s): ______________________________________________________________ Other:_______________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________ _______ Diving Medical Emergencies: Divers Alert Network (DAN): (919) 684-8111 (24-hour emergency number) Nearest Operational Recompression Chamber: Divers Alert Network (DAN): (919) 684-8111 (24-hour emergency number) Note: The recompression chamber(s) in your area may or may not be operational on any given day. The Divers Alert Network maintains an up-to-date listing of the closest operational chamber for your area. Non life-threatening emergencies: contact the medical facility specified by DEP's current workers' compensation vendor. ____________________________________________________________________________________ (List facility & phone number)

Diving Safety Officer _______________________________________________________________ (Name & phone number)

A copy of approved plan goes to Lead Diver, original to dive files.

Dive Plan I A

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Appendix I B Diver Name: ________________________________

DEP DIVE LOG

Year:__________ Month:______________

Date

Status

Site (location)

Buddy

Table or Computer

Depth (in ft)

Mode

Time of Descent H:m

Time of Reaching Surface H:m

Bottom Time (in min)

Effective Bottom Time (min)

Surface Interval (min)

Repet. Factor

STATUS: Research, Training, Recreation, Law Enforcement, Other - (specify, e.g., light commercial, internal investigation, etc.). MODE: SCUBA, Nitrox, Surface Supplied, Saturation, Hookah, Other (specify)

Dive Log I B

Appendix I C Diving Equipment Maintenance Record Item: ________________________________ Date Purchased ______________________ Serial Number ____________________

Date _____________ Date _____________ Date _____________ Date _____________ Date _____________ Date _____________ Date _____________ Date _____________

Repairs ________________________ Service Facility __________________ Repairs ________________________ Service Facility __________________ Repairs ________________________ Service Facility __________________ Repairs ________________________ Service Facility __________________ Repairs ________________________ Service Facility __________________ Repairs ________________________ Service Facility __________________ Repairs ________________________ Service Facility __________________ Repairs ________________________ Service Facility __________________

Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs _______________________ Service Facility __________________

Date ______________ Repairs ________________________ Service Facility __________________ Date ______________ Repairs _______________________ Service Facility __________________

Date ______________ Repairs ________________________ Service Facility __________________

IC

Appendix I D DEP Volunteer Service Agreement (Sample. Division or District may use a different form) Print Name: ____________________ Division/Bureau/Section: Type of Volunteer Service: Check appropriate box(es): Occasional Regular Visiting Student (Intern) Hours/days of work : Date/s of Service: From:___/___/____ to ___/___/____ or indefinite Office work Lab work Field work Date of Birth: _______________________

Duties (include any specialized equipment, vehicles, vessels and chemicals to be used):

Emergency Contact Information: In case of emergency: __________________________________________________ Relationship: __________________________________________________________ Address: ____________________________________________________________ ____________________________________________________________ Phone Numbers: __________________________ / ___________________________ home business Note: DEP does not permit minors under the age of 18 years to volunteer without approval of parent or guardian. ________________________________ Volunteer's signature / date ________________________________ Supervisor's signature / date ________________________________ Section Administrator's signature / date Approved Denied

ID

________________________________ Parent or Guardian signature / date

________________________________ Bureau Chief's signature / date

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Appendix I E Statement of Fitness to Dive by:

Occasional Service Volunteer Observer Diver

Name of Diver:___________________________________________________ (Individual completing form ­ please print) Address: ________________________________________________________ ________________________________________________________ Telephone: (work) __________________ (home) _______________________

Emergency Information (to notify in an emergency) Name: ____________________________ Relationship: ____________________________ Telephone: (work) __________________ (home) _______________________ Address: ________________________________________________________ ________________________________________________________

Date and Location diving will occur:___________________________________________________

I, the undersigned, as a certified scuba diver, am fully aware of the risks of diving and understand that strenuous physical exertion may be required for an extended period of time. I am physically fit to dive and my current state of health and medical history demonstrate no contraindications for diving under these conditions. I understand that I, the individual diver, am ultimately responsible for my health and diving safety. It is my responsibility to refuse to dive if conditions are unsafe, if any diving activity exceeds my training or experience, or other factors such as health, equipment failure, or danger from boat traffic precludes safe diving. Diver Signature: ______________________________ (Date) _________ _________ _________ _________ _________ Certifying agency _________ Highest level___________ Logbook ­ Most recent dive Number of logged dives Statement of Understanding Date: ______________

IE

Date:

_______________

UDSO Signature: ______________________________ Telephone:

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Appendix II APPLICATION and EVALUATIONS

A. B. C. D.

Diver Qualification Checklists Application and Diving Resume Statement of Understanding Medical Evaluation Requirements Part 1. Diving Medical Exam Overview for Physician Part 2. Medical Evaluation and Physician Statement Part 3. Diving Medical History Form E. Medical Release of Information F. Medical Monitoring Justification G. DCB Notification of Qualification

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Appendix II A

DEP DIVER QUALIFICATION CHECKLISTS

Candidate Name: _________________________________ Supervisor: _________________________ 1. Certifying agency: ___________ Level ________ 2. Diver application submitted for ________________ (DIT, DEP, Sci, Vol) 3. Current CPR 4. Current emergency O2 administration 5. Current first aid 6. Statement of Understanding Yes Yes Yes Yes Yes Yes No No No No No No Date _______ Date _______ Date _______ Date _______ Date _______ Date _______

7. Dive physical and medical evaluation Yes No Date _______ Physicians statement Yes No Date _______ Release Yes No Date _______ Medical monitoring justification (if necessary) Yes No Date _______ Cost of physical should be charged to appropriate accounting CODE: __________________ 8. Swim skills evaluation a. Swim underwater 25 yds. b. Swim 400 yds. < 12 minutes c. Tread water 10 minutes d. 25 yd. transport 9. Scuba evaluation a. Safe entry b. Clear flooded mask c. Buddy breathe w & wo mask as donor & recipient d. Alternate between scuba and snorkel e. Underwater communication skills f. In water pulmonary resuscitation g. Rescue swim, 25 yards, in full gear h. Don and doff equipment while submerged i. Maintain neutral buoyancy j. Demonstrate adequate watermanship 10. Written exam (Evaluation I)(80% overall, 100% on tables) 11. Open water evaluation a. Dive 10 feet without scuba b. Demonstrate buddy breathing c. Safe surf or vessel entry with gear d. Snorkel 400 yards with full scuba gear e. Demonstrate safe diving judgement f. Demonstrate maneuvering skills g. Maintain neutral buoyancy h. Simulate emergency ascent i. Clear flooded mask j. Clear flooded regulator k. Demonstrate self-rescue and buddy rescue l. Underwater navigation m. Plan and execute a dive 30 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______ Date _______

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12. Specialized training or equipment needed (list below) ___________________________________________ ___________________________________________ ___________________________________________

Yes Yes Yes Yes

No No No No

Date _______ Date _______ Date _______ Date _______ Date _______

13. Notification to DCB of qualification of diver as a_____________Diver Yes No (DIT or DEP) Scientific Diver or Volunteer Diver candidates must also complete the sections below.

UDSO signature: _________________________________________ Date: ________________

SCIENTIFIC DIVER a. Items 1-12 completed above for DEP Diver b. Documentation of additional training c. Documentation of additional Open Water dives d. Advanced exam (Evaluation II) e. Open water dives 13. Notification to DCB of qualification of diver Yes Yes Yes Yes Yes Yes No No No No No No Date _______ Date _______ Date _______ Date _______ Date _______ Date _______

UDSO signature: _________________________________________ Date: ________________

VOLUNTEER DIVER (Regular Service) a. Items 1-12 completed above for DEP Diver b. Volunteer forms completed Volunteer Service Agreement (for non-DEP divers) c. Emergency contact information 13. Notification to DCB of qualification of diver Yes Yes Yes Yes Yes No No No No No Date _______ Date _______ Date _______ Date _______ Date _______

UDSO signature: _________________________________________ Date: ________________

Checklists II A

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VOLUNTEER DIVER (Occasional Service) 1. Certifying agency __________________ Highest level ________________ 2. Logbook Number of logged dives _______________ 3. Statement of Fitness to Dive 4. Statement of Understanding 5. Emergency contact information Yes Yes Yes Yes Yes No No No No No Date _______ Date _______ Date _______ Date _______ Date _______

UDSO Signature: ________________________________________________ Date _____________________

OBSERVER DIVER CHECKLIST 1. Certifying agency __________________ Highest level ________________ 2. Logbook Number of logged dives _______________ 3. Statement of Fitness to Dive 4. Statement of Understanding 5. Emergency contact information Yes Yes Yes Yes Yes No No No No No Date _______ Date _______ Date _______ Date _______ Date _______

UDSO Signature: __________________________________________________ Date ____________________

Checklists II A

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Appendix II B APPLICATION FOR DIVING STATUS & DIVING RESUME

Name: __________________________________ Program Entry Date: __________________ Birth Date: ____________________ Diving status desired (circle one) Diver-In-Training DEP Diver Scientific Diver Volunteer

Date of Most Recent Physical Exam: __________ Chest X-Ray: __________ EKG/Treadmill: _____________ Are there any medical conditions that might limit your diving? ________. If yes, please explain on the back. Have you ever suffered a diving accident (hyperbaric trauma, gas embolism, decompression sickness)?______. If yes, please explain on back. CERTIFICATIONS: Attach copies of documentation (cards) with ORGANIZATION, DATE, TYPE, NUMBER for: Basic diving___________________________________________________________________________________ C.P.R. ______________________________________________________________________________________ Oxygen administration __________________________________________________________________________ First Aid _____________________________________________________________________________________ Specialized or advanced training:__________________________________________________________________ DIVING EXPERIENCE: # Dives ________ # Hours _________ Max. Depth ________ (ft.) Date ________ Date of Last Dive _______ Depth _______ Self-imposed Depth Limit _________ Indicate your diving experience in the following categories: E=Extensive (20+) M=Moderate (5-20) L=Limited (1-4) N=None Diving from Boats/Ships: ____Small boats (up to 20') ____Vessels (21'-100') ____Ships (101') Other: ____Decompression diving ____Diving at sea (blue water) ____Commercial/Military/Scientific diving ____Cold water diving (<45 degrees F) ____Turbid water diving (0-5' Visibility) ____Very clear water diving (50'+ Visibility) ____Diving in a strong current (1/2 knot+) ____Diving in saltwater ____Coral reef diving ____Nitrox/Enriched gas diving ____Mud or silt bottom diving ____Diving EMT/chamber operator ____Surface supplied diving ____Kelp forest diving ____Use of Dry Suit ____Altitude diving (>2000') ____Night diving ____Towed diving ____Saturation diving Penetration w/o direct Shore Diving: Freshwater Diving: access to the surface: ____Rocks or "ironshore" ____Ponds, lakes, quarries ____Ice diving ____Surf ____Rivers ____Cave diving ____Wreck diving

I acknowledge that I have read, understand, and are familiar with FDEP diving operations and procedures, and that the information I have provided is accurate to the best of my knowledge. Signature_____________________________________ Home address _________________________________ _____________________________________________ _____________________________________________ _____________________________________________ Home Phone No. _______________________________ EMERGENCY CONTACT: NAME: PHONE NUMBER:

Supervisor's phone number:

Application II B

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Appendix II C DIVER STATEMENT OF UNDERSTANDING

Compressed air diving is a physical activity that requires heavy exertion. A diver must be in good general health, free from cardiovascular and respiratory disease, and have good exercise tolerance. While using skin, scuba, or surface supplied diving equipment, the body is subject to a variety of influences that may become potentially hazardous. Risks include but are not limited to drowning, ruptured eardrums or sinuses, air embolism, dysbaric osteonecrosis, and decompression sickness (barotrauma). There are organisms in the water that may bite, sting, scratch, claw, or inject substances into the body. Environmental hardships include but are not limited to rough seas, poor visibility, strong currents, and cold temperature. When diving from a boat, a person may be subjected to injury from activity related to equipment handling or just being present on a boat at sea. The individual diver must be aware that s/he is ultimately responsible for his or her own safety. It is clearly the diver's responsibility to refuse to dive if, in their judgment, conditions are not safe or other factors preclude diving (health, equipment, sea state, etc.).

______________________________________________________ Applicant's Signature ______________________________________________________ Printed Name ____________________________ Date

RETURN THIS INFORMATION TO THE UNIT DIVING SAFETY OFFICER.

St. Understanding II C

Appendix II D

MEDICAL EVALUATION REQUIREMENT 34

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A. General 1. DEP shall determine that dive team members have passed a current diving physical examination and have been declared by the examining physician to be fit to engage in diving activities as may be limited or restricted in the medical evaluation report. 2. All medical evaluations required by this standard shall be performed by, or under the direction of, a licensed physician of the applicant-diver's choice, preferably one trained in diving/undersea medicine. 3. The diver should be free of any chronic disabling disease and be free of any conditions contained in the list of conditions for which restrictions from diving is generally recommended (Appendix II D, Part 1) B. Frequency of Medical Evaluations Medical evaluation shall be completed: 1. Before a diver may begin diving, unless an equivalent medical evaluation has been given within the preceding 5 years (3 years if over the age of 40, 2 years if over the age of 60), DEP has obtained the results of that examination, and those results have been reviewed and found satisfactory by DEP and the DCB. 2. thereafter, at five year intervals up to age 40, every three years after the age of 40, and every two years after the age of 60 3. Clearance to return to diving must be obtained from a physician following any major injury or illness, or any condition requiring hospital care. If the injury or illness is pressure related, then the clearance to return to diving must come from a physician trained in diving medicine. C. Laboratory Requirements for Diving Medical Evaluation and Intervals.

Test/Procedure

Baseline

x x x x x x x >40

< age 40

Every 5 yrs Every 5 yrs Every 5 yrs Every 5 yrs Every 5 yrs

>age 40

Every 3 yrs Every 3 yrs Every 3 yrs Every 3 yrs Every 3 yrs Every 3 yrs

>age 60

Every 2 yrs Every 2 yrs Every 2 yrs Every 2 yrs Every 2 yrs Every 2 yrs

Medical history Complete Physical Exam, emphasis on neurological and otological components Chest X-ray Spirometry Hematocrit or Hemoglobin Urinalysis Any further tests deemed necessary by the physician *Exercise stress testing may be indicated based on risk factor assessment.2

Assessment of coronary artery disease using Multiple-Risk-Factor Assessment1 (age, lipid profile, blood pressure, diabetic screening, smoker) >40 Resting EKG >40

Every 3 yrs Every 3 yrs

Every 2 yrs Every 2 yrs

1 "Assessment of Cardiovascular Risk by Use of Multiple-Risk-Factor Assessment Equations." Grundy et. Al. 1999. AHA/ACC Scientific Statement. http://www.acc.org/clinical/consensus/risk/risk1999.pdf

Gibbons RJ, et al. ACC/AHA Guidelines for Exercise Testing. A report of the American College of Cardiology/American Heart Association Task Force on Practice Guidelines (Committee on Exercise Testing). Journal

2

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of the American College of Cardiology. 30:260-311, 1997. http://www.acc.org/clinical/guidelines/exercise/exercise.pdf

(Med. eval. IID)

D. Information Provided Examining Physician The DEP Dive Unit shall provide a copy of the medical evaluation requirements of this standard to the examining physician. (Appendix II D, Parts 1, 2, and 3). E. Content of Medical Evaluations Medical examinations conducted initially and at the intervals specified above in B. Frequency of Medical Evaluations shall consist of the following: 1. Applicant agreement for release of medical information to the UDSO and the DCB (see Appendix II D, Part 2). 2. Medical history (Appendix II D, Part 3) 3. Diving physical examination (see Conditions Which May Disqualify Candidates From Diving and Appendix II D, Part 2). F. Conditions Which May Disqualify Candidates From Diving (Adapted from Bove, 1998) 1. Abnormalities of the tympanic membrane, such as perforation, presence of a monomeric membrane, or inability to autoinflate the middle ears. 2. Vertigo including Meniere's Disease. 3. Stapedectomy or middle ear reconstructive surgery. 4. Recent ocular surgery. 5. Psychiatric disorders including claustrophobia, suicidal ideation, psychosis, anxiety states, untreated depression. 6. Substance abuse, including alcohol. 7. Episodic loss of consciousness. 8. History of seizure. 9. History of stroke or a fixed neurological deficit. 10. Recurring neurologic disorders, including transient ischemic attacks. 11. History of intracranial aneurysm, other vascular malformation or intracranial hemorrhage. 12. History of neurological decompression illness with residual deficit. 13. Head injury with sequelae. 14. Hematologic disorders including coagulopathies. 15. Evidence of coronary artery disease or high risk for coronary artery disease. 16. Atrial septal defects. 17. Significant valvular heart disease ­ isolated mitral valve prolapse is not disqualifying. 18. Significant cardiac rhythm or conduction abnormalities. 19. Implanted cardiac pacemakers and cardiac defibrillators (ICD). 20. Inadequate exercise tolerance. 21. Severe hypertension. 22. History of spontaneous or traumatic pneumothorax. 23. Asthma 24. Chronic pulmonary disease, including radiographic evidence of pulmonary blebs, bullae or cysts. 25. Diabetes mellitus 26. Pregnancy. G. Physician's Written Report After any medical examination relating to the individual's fitness to dive, the organizational member shall obtain a written report prepared by the examining physician, which shall contain the examining physician's opinion of the individual's fitness to dive, including any recommended restrictions or limitations. This will be reviewed by the UDSO. The Department shall make a copy of the physician's written report available to the individual.

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Appendix II D, Part 1

DIVING MEDICAL EXAM OVERVIEW FOR THE EXAMINING PHYSICIAN

TO THE EXAMINING PHYSICIAN: This person, ___________________, requires a medical examination to assess his/her fitness for certification as a Scientific Diver for the Department of Environmental Protection. His/her answers on the Diving Medical History Form (attached) may indicate potential health or safety risks as noted. Your evaluation is requested on the attached scuba Diving Fitness Medical Evaluation Report. If you have questions about diving medicine, you may wish to consult one of the references on the attached list or contact one of the physicians with expertise in diving medicine whose names and phone numbers appear on an attached list. Please contact the undersigned Unit Diving Safety Officer if you have any questions or concerns about diving medicine or the departments standards. Thank you for your assistance. _________________________________________ Unit Diving Safety Officer _________________________________________ Printed Name ________________ Date ________________ Phone number

Scuba and other modes of compressed-gas diving can be strenuous and hazardous. A special risk is present if the middle ear, sinuses or lung segments do not readily equalize air pressure changes. The most common cause of distress is eustacian insufficiency. Most fatalities involve deficiencies in prudence, judgement, emotional stability or physical fitness. Please consult the following list of conditions which usually restrict candidates from diving. (Adapted from Bove, 1998: 61-63, bracketed numbers are pages in Bove) Conditions Which May Disqualify Candidates From Diving Abnormalities of the tympanic membrane, such as perforation, presence of a monomeric membrane, or inability to autoinflate the middle ears. [5,7,8,9] Vertigo including Meniere's Disease. [13] Stapedectomy or middle ear reconstructive surgery. [11] Recent ocular surgery. [15,18,19] Psychiatric disorders including claustrophobia, suicidal ideation, psychosis, anxiety states, untreated depression. [20-23] Substance abuse, including alcohol. [24-25] Episodic loss of consciousness. [1,26,27] History of seizure. [27,28] History of stroke or a fixed neurological deficit. [29,30] Recurring neurologic disorders, including transient ischemic attacks. [29,30] History of intracranial aneurysm, other vascular malformation or intracranial hemorrhage. [31] History of neurological decompression illness with residual deficit. [29,30] Head injury with sequelae. [26,27] Hematologic disorders including coagulopathies. [41,42] Evidence of coronary artery disease or high risk for coronary artery disease1. [33-35] Atrial septal defects. [39] Significant valvular heart disease ­ isolated mitral valve prolapse is not disqualifying. [38] Significant cardiac rhythm or conduction abnormalities. [36-37] Implanted cardiac pacemakers and cardiac defibrillators (ICD). [39-40] Inadequate exercise tolerance. [34] Severe hypertension. [35] History of spontaneous or traumatic pneumothorax. [45] Asthma2. [42-44] (Med. eval. IID, Part 1)

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Chronic pulmonary disease, including radiographic evidence of pulmonary blebs, bullae or cysts. [45,46] Diabetes mellitus. [46-47] Pregnancy. [56] "Assessment of Cardiovascular Risk by Use of Multiple-Risk-Factor Assessment Equations." Grundy et.al. 1999. AHA/ACC Scientific Statement. http://www.acc.org/clinical/consensus/risk/risk1999.pdf "Are Asthmatics Fit to Dive?" Elliott DH, ed. 1996 Undersea and Hyperbaric Medical Society, Kensington, MD. Selected References in Diving Medicine Most of these are available from Best Publishing Company, P.O. Box 30100, Flagstaff, AZ 86003-0100, the Divers Alert Network (DAN) or the Undersea and Hyperbaric Medical Association (UHMS), Bethesda, MD. ACC/AHA Guidelines for Exercise Testing. A report of the American College of Cardiology/American Heart Association Task Force on Practice Guidelines (Committee on Exercise Testing). Gibbons RJ, et al. 1997. Journal of the American College of Cardiology. 30:260-311. http://www.acc.org/clinical./guidelines/exercise/exercise,pdf Alert Diver Magazine; Articles on diving medicine http://www.diversalertnetwork.org/medical/articles/index.asp "Are Asthmatics Fit to Dive?" Elliott DH, ed. 1996 Undersea and Hyperbaric Medical Society , Kensington, MD. "Assessment of Cardiovascular Risk by Use of Multiple-Risk-Factor Assessment Equations." Grundy et. al. 1999. AHA/ACC Scientific Statement. http://www.acc.org/clinical/consensus/risk/risk1999.pdf DIVING MEDICINE, Third Edition, 1997. A. Bove and J. Davis. W.B. Saunders Company, Philadelphia DIVING AND SUBAQUATIC MEDICINE, ThirdEdition, 1994. E. Edmonds, C. Lowery and J. Pennefather. Butterworth-Heinemann Ltd. Oxford MEDICAL EXAMINATION OF SPORT SCUBA DIVERS, 1998. Alfred Bove, M.D., Ph.D. (ed.). Medical Seminars, Inc. San Antonio, TX NOAA DIVING MANUAL, NOAA. Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. U.S. NAVY DIVING MANUAL. Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.

2 1

(Med. eval. IID, Part 1)

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Appendix IID, Part 2

MEDICAL EVALUATION OF FITNESS FOR SCUBA DIVING REPORT

Name of Applicant (Print or Type) To The PHYSICIAN:

Date(Mo/Day/Year)

This person is an applicant for training or is presently certified to engage in diving with self-contained underwater breathing apparatus (scuba). This is an activity which puts unusual stress on the individual in several ways. Your opinion on the applicant's medical fitness is requested. Scuba diving requires heavy exertion. The diver must be free of cardiovascular and respiratory disease. An absolute requirement is the ability of the lungs, middle ear and sinuses to equalize pressure. Any condition that risks the loss of consciousness should disqualify the applicant. TESTS: Please initial that the following tests were completed. [ ] Initial Examination _____ Medical History _____ Complete Physical Exam with emphasis on neurological and otological components _____ Chest X-Ray _____ Spirometry _____ Hematocrit or Hemoglobin _____ Urinalysis _____ Any further tests deemed necessary by the physician [ ] Re-examination (Every 5 years under age 40, or first exam over age 40, every 3 years over age 40, every 2 years over age 60) _____ Medical History _____ Complete Physical Exam, with emphasis on neurological and otological components _____ Hematocrit or Hemoglobin _____ Urinalysis _____ Any further tests deemed necessary by the physician.

Additional testing for initial exam over age 40 Additional testing for over age 40 _____ Resting EKG _____ Resting EKG _____ Assessment of coronary artery disease _____ Assessment of coronary artery disease using Multiple-Risk-Factor Assessment 1 using Multiple-Risk-Factor Assessment 1 (age, lipid profile, blood pressure, diabetic (age, lipid profile, blood pressure, diabetic screening, smoker) screening, smoker) Note: Exercise stress testing may be indicated based on risk factor assessment 2 RECOMMENDATION: [ ] APPROVAL. I find no medical condition(s) which I consider incompatible with diving. [ ] RESTRICTED ACTIVITY APPROVAL. The applicant may dive in certain circumstances as described in REMARKS. [ ] FURTHER TESTING REQUIRED. I have encountered a potential contraindication to diving. Additional medical tests must be performed before a final assessment can be made. See REMARKS. [ ] REJECT. This applicant has medical condition(s) which, in my opinion, clearly would constitute unacceptable hazards to health and safety in diving "Assessment of Cardiovascular Risk by Use of Multiple-Risk-Factor Assessment Equations." Grundy et. al. 1999. AHA/ACC Scientific Statement. http://www.acc.org/clinical/consensus/risk/risk1999.pdf Gibbons RJ, et al. ACC/AHA Guidelines for Exercise Testing. A report of the American College of Cardiology/American Heart Association Task Force on Practice Guidelines (Committee on Exercise Testing). Journal of the American College of Cardiology. 30:260-311, 1997. http://www.acc.org/clinical/guidelines/exercise/exercise.pdf (OVER) (IID, Part 2)

2 1

REMARKS:

I have discussed the patient's medical condition(s) which would not seriously interfere with diving but which may seriously compromise subsequent health. The patient understands the nature of the hazards and the risks involved in diving with these defects. M.D. Date Signature Name (Print or Type) Address

______________________________

Telephone Number My familiarity with applicant is: O With this exam only O Regular Physician for _____ years O Other (describe)

My familiarity with diving medicine is:

(Med. eval. IID, Part 2)

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Appendix IID, Part 3

DIVING MEDICAL HISTORY FORM (To Be Completed By Candidate-Diver)

Name ______________________________________ Sex ____ Age ____ Wt.____ Ht. ____ Sponsor ____________________________________________ Date ___/___/____ (Dept./Project/Program/School, etc.) (Mo/Day/Yr) TO THE APPLICANT: Scuba diving makes considerable demands on you, both physically and mentally. Diving with certain medical conditions may be asking for trouble not only for yourself, but also to anyone coming to your aid if you get into difficulty in the water. Therefore, it is prudent to meet certain medical and physical requirements before beginning a diving or training program. Your answers to the questions are as important, in determining your fitness as your physical examination. Obviously, you should give accurate information or the medical screening procedure becomes useless. This form shall be kept confidential. If you believe any question amounts to invasion of your privacy, you may elect to omit an answer, provided that you shall subsequently discuss that matter with your own physician and he/she must then indicate, in writing, that you have done so and that no health hazard exists. Should your answers indicate a condition, which might make diving hazardous, you will be asked to review the matter with your physician. In such instances, his/her written authorization will be required in order for further consideration to be given to your application. If your physician concludes that diving would involve undue risk for you, remember that he/she is concerned only with your well-being and safety. Please respect the advice and the intent of this medical history form. Have you ever had or do you presently have any of the following? Trouble with your ears, including ruptured eardrum, difficulty clearing your ears, or surgery. Trouble with dizziness. Eye surgery. Depression, anxiety, claustrophobia, etc. Substance abuse, including alcohol. Loss of consciousness. Epilepsy or other seizures, convulsions or fits. Stroke or a fixed neurological deficit. Recurring neurologic disorders, including transient ischemic attacks. Aneurysms or bleeding in the brain. Decompression sickness or embolism. Head injury. Disorders of the blood, or easy bleeding. Heart disease, diabetes, high cholesterol. Anatomical heart abnormalities including patent foramen ovale, valve problems, etc. Heart rhythm problems. Need for a pacemaker. Difficulty with exercise. Yes No Comments

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34.

High blood pressure. Collapsed lung. Asthma. Other lung disease. Diabetes mellitus. Pregnancy. Surgery If yes explain below. Hospitalizations. If yes explain below. Do you take any medications? If yes list below. Do you have any allergies to medications, foods, environmentals? If yes explain below. Do you smoke? Do you drink alcoholic beverages? Is there a family history of high cholesterol? Is there a family history of heart disease or stroke? Is there a family history of diabetes? Is there a family history of asthma?

Please explain any "yes" answers to the above questions. _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ I certify that the above answers and information represent an accurate and complete description of my medical history.

Signature

Date

(Med Eval. IID, Part 3)

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Appendix II E APPLICANTS RELEASE OF MEDICAL INFORMATION In the event of an accident while working with the Department, where I am unable to authorize release of my medical records, I authorize or appoint the lead diver, land-based safety officer, or their designee to release my medical records to my treating physician. The detailed records are currently maintained by (physician/clinic): ________________________________. __________________________________ Address __________________________________ __________________________________ Phone number _____________________________________________ Applicant's Signature ___________________ Date

Release II F

Appendix II F MEDICAL MONITORING JUSTIFICATION FORM We are requesting that the employee occupying the following position be placed in the Medical Monitoring Program based on the information provided below. Name: _____________________________________ Position Number: ___________________________ Location:________________________________ Class Title: ______________________________

"Position Profile":___Diver with DEP____________________ (Complete the following information in the space provided) ____________________________________________________________________________________ Description of Job Duties: ____________________________________________________________________________________ Potential Exposures (nature and frequency) ____________________________________________________________________________________ Personal Protective Equipment Requirements ____________________________________________________________________________________ Physical Demands ____________________________________________________________________________________ Engineering Safety Controls ____________________________________________________________________________________ Environmental/Industrial Hygiene Sampling Data (if available for this position)

_________________________________________________________________________________________________________

___________________________________________ Supervisor Signature ___________________________________________ Director Signature ___________________________________________ Medical Monitoring Coordinator Signature This position will require: Periodic Exams _______ Periodic Biannual Exams______ Hearing Conservation Only ____

______________________ Date ______________________ Date ______________________ Date

Justification II G

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Appendix II G DIVE CONTROL BOARD NOTIFICATION OF QUALIFICATION AS A DEP DIVER To: From: Date: DEP Diving Control Board ____________________, Unit Diving Safety Officer, Division _________ ____________________

The following individual/s have qualified to participate in diving with the Department:

DCB Notification II H

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Appendix III REFERENCE MATERIAL

A. B. C. D. E. F.

Glossary of Terms Safe Ascent Recommendations Guidelines for use of Dive Computers Multiple Day Diving General Guidelines (delete or keep, vote was to keep) Nitrox Recommendations Publications/Papers Exclusions and Exemptions from OSHA's Commercial Diving Standard (S. S. Butler 1997) The Legal Scope of "Scientific Diving": an Analysis of the OSHA Exemption (E. Hicks, 1997)

G. Additional references

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Appendix III A Glossary of Terms AAUS ­ American Academy of Underwater Sciences. Actual Bottom Time ­ see Bottom Time. Air sharing - The sharing of an air supply between divers. Bottom time ­ Synonymous with Actual Bottom Time. Bottom Time is the total elapsed time measured in minutes from the time when the diver leaves the surface in descent to the time that the diver begins a direct ascent to the surface or safety stop. Breath-hold diving - a diving mode in which the diver uses no self-contained or surface-supplied air, oxygen, or gas supply. (See DEP Skin Diving policy). Buddy breathing - the sharing of a single air source between divers. Buddy diver - second member of the dive team, or third if there are three divers to that team. Buddy system - two (or three if conditions warrant) comparable equipped scuba divers in the water in constant communication. The buddy system is based on mutual assistance, especially in the case of an emergency. Buoyant ascent - an ascent made using some form of positive buoyancy; usually done more rapidly than a normal ascent. Burst pressure - the pressure at which a pressure containment device would fail structurally. Certified diver - a diver who holds a recognized valid certification from a nationally or internationally recognized certifying agency. Controlled ascent - any one of several kinds of ascents including normal, swimming, and air sharing ascents where the diver(s) maintain control so a pause or stop can be made during the ascent. Cylinder - a pressure vessel for the storage of compressed gases. Decompression chamber - a pressure vessel for human occupancy. Also called a hyperbaric chamber or recompression chamber. Decompression sickness - a condition with a variety of symptoms which may result from gas and bubbles in the tissues of divers after pressure reduction. Decompression table - a profile or set of profiles of depth-time relationships for ascent rates and breathing mixtures to be followed after a specific depth-time exposure or exposures. (Also called dive tables.) DEP Diver ­ a category of diver that signifies that the diver has met all the requirements of the DEP Diving Safety Manual and has approval to dive with DEP from a Unit Diving Safety Officer. Dive - a descent into the water, an underwater diving activity where the individual is breathing compressed gases that are supplied through a hose or cylinder with a pressure regulator, an ascent, and return to the surface. Dive computer - a microprocessor-based device that computes a diver's theoretical decompression status, in real time, by using pressure (depth) and time as input to a decompression model, or set of decompression tables, programmed into the device. Dive location - a surface or vessel from which a diving operation is conducted. 48

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Dive site - the physical location of a diver during a dive. Diver - an individual in the water who uses apparatus, including snorkel, which supplies breathing gas at ambient pressure. Diver-in-training - an individual gaining experience and training in additional diving activities under the supervision of a dive team member experienced in those activities. Diver-carried reserve breathing gas - a diver-carried independent supply of air or mixed gas (as appropriate) sufficient under standard operating conditions to allow the diver to reach the surface, or another source of breathing gas, or to be reached by another diver. Diving mode - a type of diving requiring specific equipment, procedures, and techniques, for example, scuba, surface-supplied air, hookah, or mixed gas. Diving Control Board (DCB) - the group of individuals who act as the official representative of the membership organization in matters concerning the scientific diving program (see section 1.200). Dive Table(s) - a set of depth and time limits for breathing gas mixtures while under hyperbaric conditions. Diving Safety Officer ­ see Unit Diving Safety Officer. Diving Unit - DEP Division, District, Bureau, or group which is responsible for any diving activities. Effective Bottom Time (EBT) ­ This definition is for use with DCIEM dive tables. For repetitive dives, EBT = Actual Bottom Time x Repetitive Factor from dive table. Emergency ascent - an ascent made under emergency conditions where the diver exceeds the normal ascent rate. Free diver - see skin diver. FSW - feet of seawater, or equivalent static head. Hookah diving - a type of shallow water surface-supplied diving where there is no voice communication with the surface. Hyperbaric chamber - see decompression chamber. Hyperbaric conditions - pressure conditions in excess of normal atmospheric pressure at the dive location. Lead diver - the certified DEP diver with experience and training to oversee the diving operation during a particular planned dive. Maximum working pressure - the maximum pressure to which a pressure vessel may be exposed under standard operating conditions. Mixed-gas diving - a diving mode in which the diver is supplied in the water with a breathing gas other than air. Multiple Day Diving ­ Diving conducted on consecutive days. See Appendix IIID for guidelines. MSW - meters of seawater or equivalent static head. No-decompression limits - the depth-time limits of the "no-decompression limits and repetitive dive group designations table for no-decompression air dives" of the U.S. Navy Diving Manual or equivalent limits.

Glossary IIIA

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Normal ascent - an ascent made with an adequate air supply at a rate of 60 feet per minute or less. Occasional-service volunteer ­ See Volunteer. Overhead environment ­ an environment in which there is no direct, vertical access by a diver to the surface. (examples include: caves, caverns, wrecks, submerged vehicles, etc.) Pressure-related injury - an injury resulting from pressure disequilibrium within the body as the result of hyperbaric exposure. Examples include: decompression sickness, pneumothorax, mediastinal emphysema, air embolism, subcutaneous emphysema, or ruptured eardrum. Pressure vessel - see cylinder. Psi - pounds per square inch. Psig - pounds per square inch gauge. Recompression chamber - see decompression chamber. Regular-service volunteer ­ see Volunteer. Repetitive Factor ­ is a number representative of nitrogen loading from the previous dive. This definition is for use with DCIEM dive tables. Found on Table 2 of the DCIEM Dive Tables, the RF is multiplied by the Actual Bottom Time in minutes to find the Effective Bottom Time of a dive. Scientific Diver ­ a category of DEP diver designed to meet diver requirements for reciprocity with other AAUS qualified divers. Scientific diving - scientific diving is defined (29 CFR 1910.402) as diving performed solely as a necessary part of a scientific, research, or educational activity by employees whose sole purpose for diving is to perform scientific research tasks. Scuba diving - a diving mode independent of surface supply in which the diver uses open circuit selfcontained underwater breathing apparatus. Skin Diving/Diver - is defined as any person who is partially or completely submerged in water, is equipped with a facemask, with or without a snorkel, and is not breathing compressed gases. The terms "free diving", "snorkeling", and "breath-hold diving" are synonymous with skin diving for the purposes of this policy. Snorkeling/snorkeler ­ See "skin diver". Standby diver - a diver at the dive location capable of rendering assistance to a diver in the water. Surface interval - the time on the surface between dives. Surface supplied diving - a diving mode in which the diver in the water is supplied from the dive location with compressed gas for breathing. Swimming ascent - an ascent which can be done under normal or emergency conditions accomplished by simply swimming to the surface. Umbilical - the composite hose bundle between a dive location and a diver or bell, or between a diver and a bell, which supplies a diver or bell with breathing gas, communications, power, or heat, as appropriate to the diving mode or conditions, and includes a safety line between the diver and the dive locations. Unit Diving Safety Officer (UDSO) - the individual responsible for the safe conduct of diving with their Diving Unit (see section 1.200).

Glossary IIIA

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Volunteer ­ (definition from Chapter 110.501, F.S.) any person who, of his or her own free will, provides goods or services to the department or agency with no monetary or material compensation. Regular-service volunteer ­ means any person engaged in specific voluntary service activities on an ongoing or continuous basis. Occasional-service volunteer ­ means any person who offers to provide a one-time or occasional voluntary service. Working pressure - the normal pressure at which the system is designed to operate.

Glossary IIIA

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Appendix III B Safe Ascent Recommendations From: AAUS Biomechanics of Safe Ascents Workshop. 1990, Lang and Egstrom (Eds.) It has long been the position of the American Academy of Underwater Sciences that the ultimate responsibility for safety rests with the individual diver. The time has come to encourage divers to slow their ascents. 1. Buoyancy compensation is a significant problem in the control of ascents. 2. Training in, and understanding of, proper ascent techniques is fundamental to safe diving practice. 3. Before certification, the diver is to demonstrate proper buoyancy, weighting and a controlled ascent, including a "hovering" stop. 4. Diver shall periodically review proper ascent techniques to maintain proficiency. 5. Ascent rates shall not exceed 60 fsw per minute, or dive table or dive computer recommended ascent rates, whichever is more conservative. 6. A stop in the 10-30 fsw zone for 3-5 minutes is recommended on every dive. 7. When using a dive computer or tables, non-emergency ascents are to be at the rate no faster than that specified for the system being used. 8. Each diver shall have instrumentation to monitor ascent rates. 9. Divers using dry suits shall have training in their use. 10. Dry suits shall have a hands-free exhaust valve. 11. Buoyancy compensators shall have a reliable rapid exhaust valve that can be operated in a horizontal swimming position. 12. A buoyancy compensator is required with dry suit use for ascent control and emergency flotation. 13. Breathing 100% oxygen above water is the preferred procedure for omitted decompression.

Appendix III B

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Appendix III C Guidelines for Use of Dive Computers From AAUS Dive Computer Workshop. Lang and Hamilton (Eds.). U.S.C. Sea Grant Program, Los Angeles, CA, 1989 1. 2. Only those makes and models of dive computers specifically approved by the Diving Control Board may be used. Any diver desiring the approval to use a dive computer as a means of determining decompression status must apply to the DCB, complete an appropriate practical training session and pass a written examination. Each diver relying on a dive computer to plan dives and indicate or determine decompression status must have their own unit. On any given dive, both divers in the buddy pair must follow the most conservative dive computer. If the dive computer fails at any time during the dive, the dive must be terminated and appropriate surfacing procedures should be initiated immediately. A diver should not dive for 18 hours before activating a dive computer to use it to control his/her diving. Once the dive computer is in use, it must not be switched off until it indicates complete outgassing has occurred or 18 hours have elapsed, whichever comes first. When using a dive computer, non-emergency ascents are to be at a rate specified for the make and model of dive computer being used. Ascent rates shall not exceed 40fsw/min in the last 60 fsw.

3. 4. 5. 6. 7. 8. 9.

10. Whenever practical, divers using a dive computer should make a stop between 10 and 30 feet for 5 minutes, especially for dives below 60 fsw. 11. Only one dive on the dive computer in which the no decompression limit of the tables or dive computer has been exceeded may be made in any 18-hour period. 12. Repetitive and multi-level diving procedures should start the dive, or series of dives, at the maximum planned depth, followed by subsequent dives of shallower exposures. 13. Multiple deep dives require special consideration.

Appendix III C

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Appendix III D Multiple Day Diving General Guidelines

Multiple Day Diving The DCB recognizes that many programs have requirements that necessitate extensive dive commitments. However, there is an increasing body of evidence that implicates dive accidents with multi-day dive profiles. Therefore, we have developed this policy to ensure safety while attempting to minimize impacts to programs. Divers are strongly discouraged from diving more than four consecutive days. In those instances where appropriate reasons exist for diving more than four consecutive days, the Dive Safety Officer or his appointee may grant permission for one additional day. An additional margin of safety should be incorporated into the dive plan on the fifth consecutive day. In no cases can a diver engage in diving for more than five consecutive days.

Appendix III D

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Appendix III E Nitrox Recommendations AAUS Standards for Scientific Diving 2001 excerpt: SECTION 7 NITROX DIVING GUIDELINES The following guidelines address the use of nitrox by scientific divers under the auspices of an AAUS Organizational Member. Nitrox is defined for these guidelines as breathing mixtures composed predominately of nitrogen and oxygen, most commonly produced by the addition of oxygen or the removal of nitrogen from air. 7.10 PREREQUISITES 7.11 Eligibility Only a certified Scientific Diver or Scientific Diver In Training (see AAUS Standards Sec. 4.00 and 5.00) diving under the auspices of a member organization is eligible for authorization to use nitrox. After completion, review and acceptance of application materials, training and qualification as per Sec. 7.12 of these guidelines, an applicant will be authorized to use nitrox within his/her depth authorization, as specified in AAUS Standards Sec 5.40. 7.12 Application and documentation Application and documentation for authorization to use nitrox should be made on forms specified by the Diving Control Board. 7.20 REQUIREMENTS FOR AUTHORIZATION TO USE NITROX Submission of documents and participation in aptitude examinations does not automatically result in authorization to use nitrox. The applicant must convince the DSO and members of the DCB that he/she is sufficiently skilled and proficient. The signature of the DSO on the authorization form will acknowledge authorization. After completion of training and evaluation, authorization to use nitrox may be denied to any diver who does not demonstrate to the satisfaction of the DSO or DCB the appropriate judgment or proficiency to ensure the safety of the diver and dive buddy. Prior to authorization to use nitrox, the following minimum requirements should be met: 7.21 Training The diver must complete additional theoretical and practical training beyond the Scientific Diver In Training air certification level, to the satisfaction of the member organizations DSO and DCB (see Section 7.20). 7.22 Examinations Each diver should demonstrate proficiency in skills and theory in written, oral, and practical examinations covering: 7.22.1. Written examinations covering the information presented in the classroom training session(s) (i.e., gas theory, oxygen toxicity, partial pressure determination, etc. ...); 7.22.2. Practical examinations covering the information presented in the practical training session(s) (i.e., gas analysis, documentation procedures, etc. ...); 7.22.3. Openwater checkout dives, to appropriate depths, to demonstrate the application of theoretical and practical skills learned. 7.23 Minimum Activity to Maintain Authorization The diver should log at least one (1) nitrox dive per year. Failure to meet the minimum activity level may be cause for restriction or revocation of nitrox authorization.

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7.30 NITROX TRAINING GUIDELINES Training in these guidelines should be in addition to training for Diver-In-Training authorization (AAUS Standards Sec. 4.00). It may be included as part of training to satisfy the Scientific Diver training requirements (AAUS Standards Sec. 5.32). 7.31 Classroom Instruction 7.31.1 Topics should include, but are not limited to: review of previous training; physical gas laws pertaining to nitrox; partial pressure calculations and limits; equivalent air depth (EAD) concept and calculations; oxygen physiology and oxygen toxicity; calculation of oxygen exposure and maximum safe operating depth (MOD); determination of decompression schedules (both by EAD method using approved air dive tables, and using approved nitrox dive tables); dive planning and emergency procedures; mixing procedures and calculations; gas analysis; personnel requirements; equipment marking and maintenance requirements; dive station requirements. 7.31.2 The DCB may choose to limit standard nitrox diver training to procedures applicable to diving, and subsequently reserve training such as nitrox production methods, oxygen cleaning, and dive station topics to divers requiring specialized authorization in these areas. 7.32 Practical Training The practical training portion will consist of a review of skills as stated for scuba (AAUS Standards Sec. 4.00), with additional training as follows: 7.32.1 Oxygen analysis of nitrox mixtures; 7.32.2 Determination of MOD, oxygen partial pressure exposure, and oxygen toxicity time limits, for various nitrox mixtures at various depths; 7.32.3 Determination of nitrogen-based dive limits status by EAD method using air dive tables, and/or using nitrox dive tables, as approved by the DCB; 7.32.4 Nitrox dive computer use may be included, as approved by the DCB. 7.33 Written Examination (based on classroom instruction and practical training) Before authorization, the trainee should successfully pass a written examination demonstrating knowledge of at least the following: 7.33.1 Function, care, use, and maintenance of equipment cleaned for nitrox use; 7.33.2 Physical and physiological considerations of nitrox diving (ex.: O2 and CO2 toxicity); 7.33.3 Diving regulations and procedures as related to nitrox diving, either scuba or surface-supplied (depending on intended mode); 7.33.4 Given the proper information, calculation of: 7.33.4.1 Equivalent air depth (EAD) for a given fO2 and actual depth; 7.33.4.2 pO2 exposure for a given fO2 and depth; 7.33.4.3 Optimal nitrox mixture for a given pO2 exposure limit and planned depth; 7.33.4.4 Maximum operational depth (MOD) for a given mix and pO2 exposure limit; 7.33.4.5 For nitrox production purposes, percentages/psi of oxygen present in a given 56

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mixture, and psi of each gas required to produce a fO2 by partial pressure mixing. 7.33.5 Decompression table and dive computer selection and usage; 7.33.6 Nitrox production methods and considerations; 7.33.7 Oxygen analysis; 7.33.8 Nitrox operational guidelines (Section 7.40), dive planning, and dive station components. 7.33 Openwater Dives A minimum of two supervised openwater dives using nitrox is required for authorization. The mode used in the dives should correspond to the intended application (i.e., scuba or surface-supplied). If the MOD for the mix being used can be exceeded at the training location, direct, in-water supervision is required. 7.35 Surface-Supplied Training All training as applied to surface-supplied diving (practical, classroom, and openwater) will follow the member organization's surface-supplied diving standards, including additions listed in Sec. 7.21 and 7.22. 7.40 SCIENTIFIC NITROX DIVING REGULATIONS 7.41 Dive Personnel Requirements 7.41.1 Nitrox Diver In Training - A Diver In Training, who has completed the requirements of AAUS Standards Section 4.00 and the training and authorization sections of these guidelines, may be authorized by the DSO to use nitrox under the direct supervision a Scientific Diver who also holds nitrox authorization. Dive depths should be restricted to those specified in the diver's authorization. 7.41.2 Scientific Diver - A Scientific Diver who has completed the requirements of AAUS Standards Section 5.00 and the training and authorization sections of these guidelines, may be authorized by the DSO to use nitrox. Depth authorization to use nitrox should be the same as those specified in the diver's authorization, as described in AAUS Sec. 5.40. 7.41.3 Lead Diver - On any dive during which nitrox will be used by any team member, the Lead Diver should be authorized to use nitrox, and hold appropriate authorizations required for the dive, as specified in AAUS Standards. Lead Diver authorization for nitrox dives by the DSO and/or DCB should occur as part of the dive plan approval process. In addition to responsibilities listed in AAUS Section 1.26, the Lead diver should: 7.41.3.1 As part of the dive planning process, verify that all divers using nitrox on a dive are properly qualified and authorized; 7.41.3.2 As part of the pre-dive procedures, confirm with each diver the nitrox mixture the diver is using, and establish dive team maximum depth and time limits, according to the shortest time limit or shallowest depth limit among the team members. 7.41.3.3 The Lead Diver should also reduce the maximum allowable pO2 exposure limit for the dive team if on-site conditions so indicate (see Sec. 7.42.1.2) 7.42 Dive Parameters 7.42.1 Oxygen Exposure Limits 7.42.1.1 The inspired oxygen partial pressure experienced at depth should not exceed 1.6 ATA. All dives performed using nitrox breathing mixtures should comply with the current NOAA Diving Manual "Oxygen Partial Pressure Limits for `Normal' Exposures"

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7.42.1.2 The maximum allowable exposure limit should be reduced in cases where cold or strenuous dive conditions, or extended exposure times are expected. The DCB should consider this in the review of any dive plan application which proposes to use nitrox. The Lead Diver should also review on-site conditions and reduce the allowable pO2 exposure Limits if conditions indicate. 7.42.1.3 If using the equivalent air depth (EAD) method the maximum depth of a dive should be based on the oxygen partial pressure for the specific nitrox breathing mix to be used. 7.42.2 Bottom Time Limits 7. 42.2.1 Maximum bottom time should be based on the depth of the dive and the nitrox mixture being used. 7. 42.2.2 Bottom time for a single dive should not exceed the NOAA maximum allowable "Single Exposure Limit" for a given oxygen partial pressure, as listed in the current NOAA Diving Manual. 7.42.3 Decompression Tables and Gases 7.42.3.1 A set of DCB approved nitrox decompression tables should be available at the dive site. 7.42.3.2 When using the equivalent air depth (EAD) method, dives should be conducted using air decompression tables approved by the DCB. 7.42.3.3 If nitrox is used to increase the safety margin of air-based dive tables, the MOD and oxygen exposure and time limits for the nitrox mixture being dived should not be exceeded 7.42.3.4 Breathing mixtures used while performing in-water decompression, or for bail-out purposes, should contain the same or greater oxygen content as that being used during the dive, within the confines of depth limitations of section 7.31 and the oxygen partial pressure limits set forth in Sec. 7.32. 7.42.4 Nitrox Dive Computers 7.42.4.1 Dive Computers may be used to compute decompression status during nitrox dives. Manufacturers' guidelines and operations instructions should be followed. 7.42.4.2 Use of Nitrox dive computers should comply with dive computer guidelines included in the AAUS Standards (Appendix 10). 7.42.4.3 Nitrox Dive computer users should demonstrate a clear understanding of the display, operations, and manipulation of the unit being used for nitrox diving prior to using the computer, to the satisfaction of the DSO or his/her designee. 7.42.4.4 If nitrox is used to increase the safety margin of an air-based dive computer, the MOD and oxygen exposure and time limits for the nitrox mixture being dived should not be exceeded. 7.42.4.5 Dive computers capable of pO2 limit and fO2 adjustment should be checked by the diver prior to the start each dive to assure compatibility with the mix being used. 7.42.5 Repetitive Diving 7.42.5.1 Repetitive dives using nitrox mixtures should be performed in compliance with procedures required of the specific dive tables used. 7.42.5.2 Residual nitrogen time should be based on the EAD for the specific nitrox mixture to be used on the repetitive dive, and not that of the previous dive. 58

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7.42.5.3 The total cumulative exposure (bottom time) to a partial pressure of oxygen in a given 24 hour period should not exceed the current NOAA Diving Manual 24-hour Oxygen Partial Pressure Limits for "Normal" Exposures. 7.42.5.4 When repetitive dives expose divers to different oxygen partial pressures from dive to dive, divers should account for accumulated oxygen exposure from previous dives when determining acceptable exposures for repetitive dives. Both acute (CNS) and chronic (pulmonary) oxygen toxicity concerns should be addressed. 7.43 Oxygen Parameters 7.43.1 Authorized Mixtures - Mixtures meeting the criteria outlined in Sec. 7.42.1 may be used for nitrox diving operations, upon approval of the DCB. 7.43.2 Purity 7.43.2.1 Oxygen used for mixing nitrox breathing gas should meet the purity levels for "Medical Grade" (U.S.P.) or "Aviator Grade" standards. 7.43.2.2 In addition to the AAUS Air Purity Guidelines (AAUS Sec. 3.60), the following standard should be met for breathing air that is either a. placed in contact with oxygen concentrations greater than 40%, or b. used in nitrox production by the partial pressure mixing method with gas mixtures containing greater than 40% oxygen as the enriching agent: Air Purity: CGA Grade E (AAUS Sec. 3.60) Condensed Hydrocarbons: HydroCarbon Contaminants: 5mg/m No greater than 0.1 mg/m

7.44 Gas Mixing and Analysis for Organizational Members 7. 44.1 Personnel Requirements 7. 44.1.1 Individuals responsible for producing and/or analyzing nitrox mixtures should be knowledgeable and experienced in all aspects of the technique. 7. 44.1.2 Only those individuals approved by the DSO and/or DCB should be responsible for mixing and/or analyzing nitrox mixtures. 7. 44.2 Production Methods - It is the responsibility of the DCB to approve the specific nitrox production method used. 7. 44.3 Analysis Verification by User 7. 44.3.1 It is the responsibility of each diver to analyze prior to the dive the oxygen content of his/her scuba cylinder and acknowledge in writing the following information for each cylinder: fO2, MOD, cylinder pressure, date of analysis, and user's name. 7. 44.3.2 Individual dive log reporting forms should report fO2 of nitrox used, if different than 21%.

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7.50 NITROX DIVING EQUIPMENT All of the designated equipment and stated requirements regarding scuba equipment required in the AAUS Standards should apply to nitrox scuba operations. Additional minimal equipment necessary for nitrox diving operations includes: a. Labeled SCUBA Cylinders b. Oxygen Analyzers 7.51 Oxygen Cleaning and Maintenance Requirements 7.51.1 Requirement for Oxygen Service 7.51.1.1 All equipment which during the dive or cylinder filling process is exposed to concentrations greater than 40% oxygen at pressures above 150 psi should be cleaned and maintained for oxygen service. 7. 51.1.2 Equipment used with oxygen or mixtures containing over forty percent (40%) by volume oxygen shall be designed and maintained for oxygen service. Oxygen systems over 125 psig shall have slow-opening shut-off valves. This should include the following equipment: scuba cylinders, cylinder valves, scuba and other regulators, cylinder pressure gauges, hoses, diver support equipment, compressors, and fill station components and plumbing. 7.52 Scuba Cylinder Identification Marking Scuba cylinders to be used with nitrox mixtures should have the following identification documentation affixed to the cylinder. 7.52.1 Cylinders should be marked "NITROX", or "EANx", or "Enriched Air" 7.52.2 Nitrox identification color coding should include a 4-inch wide green band around the cylinder, starting immediately below the shoulder curvature. If the cylinder is not yellow in, the green band should be bordered above and below by a 1-inch yellow band. 7.52.3 The alternate marking of a yellow cylinder by painting the cylinder crown green and printing the word "NITROX" parallel to the length of the cylinder in green print is acceptable. 7.52.4 Other markings which Identify the cylinder as containing gas mixes other than sir may be used as the approval of the DCB. 7.52.5 A contents label should be affixed, to include the current fO2, date of analysis, and MOD. 7.52.6 The cylinder should be labeled to indicate whether the cylinder is prepared for oxygen or nitrox mixtures containing greater than 40% oxygen. 7.53 Regulators Regulators to be used with nitrox mixtures containing greater than 40% oxygen should be cleaned and maintained for oxygen service, and marked in an identifying manner. 7.54 Other Support Equipment 7.54.1 An oxygen analyzer is required which is capable of determining the oxygen content in the scuba cylinder. Two analyzers are recommended to reduce the likelihood of errors due to a faulty analyzer. The analyzer should be capable of reading a scale of 0 to 100% oxygen, within (one) 1% accuracy. 7.54.2 All diver and support equipment should be suitable for the fO2 being used. 7.55 Compressor and Fill Station 60

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7.55.1 Compressor system 7.53.1.1 The compressor/filtration system MUST produce oil-free air. 7.53.1.2 An oil-lubricated compressor placed in service for a nitrox system should be checked for oil and hydrocarbon contamination at least quarterly. 7.55.2 Fill Station Components - All components of a nitrox fill station that will contact nitrox mixtures containing greater than 40% oxygen should be cleaned and maintained for oxygen service. This includes cylinders, whips, gauges, valves, and connecting lines.

Nitrox III E

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Appendix III F Papers/Publications:

"Exclusions and Exemptions from OSHA's Commercial Diving Standard", Stephen S. Butler, in Methods and Techniques of Underwater Research. Lang and Baldwin (eds.), p39-44. Reprinted here with permission of the author. "The Legal Scope of `Scientific Diving': an Analysis of the OSHA Exemption" by R. Eldridge Hicks, 1997. In "Diving for Science, ... 1997" Maney and Ellis (eds.), p87-100. Reprinted here with permission of the author.

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Originally printed in: Methods and Techniques of Underwater Research, Lang and Baldwin (Eds.) 1996, p3944. Reprinted in Florida Department of Environmental Protection's Diving Safety Manual with permission of the author September 1998.

EXCLUSIONS AND EXEMPTIONS FROM OSHA'S COMMERCIAL DIVING STANDARD Stephen Sea Butler U.S. Department of Labor OSHA Division of Maritime Compliance Assistance 200 Constitution Avenue, N.W.; Room N3610 Washington, DC 20723 USA

This paper provides a summary review of the history, scope, and applicability of exclusions and exemptions to the Occupational Safety and Health Administration's (OSHA) commercial diving operations standard. Federal Register (F.R.) notices pertinent to the development of the original OSHA diving standard and the subsequent amendment for the scientific diving exemption are noted in the text and discussed to identify references for a more comprehensive study of the issues involved. ISSUANCE OF ORIGINAL COMMERCIAL DIVING STANDARD AND SCOPE OF OSHA'S STATUTORY JURISDICTION On July 22, 1977 [42 F.R. 37650] the U.S. Department of Labor's Occupational Safety and Health Administration issued final public notice of the adoption of a permanent diving standard which became effective on October 20, 1977. OSHA's original diving standard, 29 CFR Part 1910 - Subpart T "Commercial Diving Operations," established mandatory occupational safety and health requirements for commercial diving operations. The standard applies wherever OSHA has statutory jurisdiction. Consequently, diving in any natural or artificial inland body of water, as well as diving along the coasts (State territorial waters) of the United States and possessions listed in Section 4(a) of the OSH Act [29 U.S. 655] is covered. For coastal States and territories, the State territorial waters extend 3 nautical miles seaward from the coast line, except for the Gulf Coast of Florida and Texas where the territorial waters extend for 3 marine leagues (approximately 9 nautical miles). For States bordering the Great Lakes and St. Lawrence River, all waters in the Great Lakes and associated rivers up to the international boundary line with Canada are State territorial waters. ORIGINAL EXCLUSIONS FROM OSHA'S COMMERCIAL DIVING STANDARD The original OSHA diving standard provided three specific exclusions which remain in effect as follows: 1. "Instructional diving utilizing only open-circuit compressed air scuba within the nodecompression limits." OSHA concluded that a valid distinction existed between scuba diving instructors and commercial divers which warranted an exclusion. The scuba diving instructor, who is an employee, is student-oriented, not task-oriented. The dive site is not determined by the location of a particular job as it is in commercial applications, where operations must of necessity be conducted under environmental conditions which are often adverse. The scuba diving instructor, by contrast, selects a location which is usually clear, shallow and warm. Indeed, a swimming pool is the dive site for most scuba diving instruction. Such dives are discontinued if the slightest difficulty occurs. Scuba diving instructors do not utilize construction tools, handle explosives, or use welding or burning tools. As a result of these factors, scuba diving instructors are rarely exposed to adverse sea states, temperature extremes, great depths, poor visibility, or heavy work loads, 63

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some or all of which are common to the majority of commercial diving operations. However, OSHA took into consideration that some diving techniques and conditions pose greater potential hazards than others, regardless of the purpose of the dive. Thus, this exclusion for scuba diving instruction was limited to a restricted diving range, a particular diving mode, and specific equipment. The exclusion from the standard applies only to instructional diving which uses open-circuit compressed air scuba and is conducted within the no-decompression limits. The standard defines no-decompression limits as the depth-time limits of the "nodecompression limits and repetitive dive group designation table for no-decompression air dives" of the U.S. Navy Diving Manual, or equivalent limits which the employer can demonstrate to be equally effective. No distinction per se is made between instructors of prospective recreational divers and instructors of prospective commercial divers. However, by its very nature, the training for commercial divers involves diving that is surface-supplied, uses mixed gas as a breathing gas, requires decompression, often involves adverse environmental conditions, or involves the use of underwater tools and equipment; each of these factors potentially increases the hazard of the operation. It is emphasized that when instruction exceeds the specified limits, the OSHA diving standard applies. It is noted that individuals engaged in recreational diving for their own personal enjoyment, and not otherwise related to their respective employments, are not within the jurisdiction of the OSH Act, and therefore are outside the scope of OSHA's diving standard. On the he other hand, scuba diving for a commercial rather than instructional purpose is covered by the OSHA diving standard, regardless of equipment or depth-time range. 2. "Search, rescue, and related public safety diving by or under the control of a governmental agency."

OSHA received a number of comments from persons engaged in diving incidental to police and public safety functions, and the Agency concluded that an exclusion was appropriate for such applications. The "by or under the control of a governmental agency" language is intended to make the exclusion applicable to all divers whose purpose is to provide search, rescue, or public safety diving services under the direction and control of a governmental agency (e.g., local, state, federal government) regardless of whether or not such divers are, strictly speaking, government employees. Diving contractors who occasionally perform such services privately on an emergency basis, and who are not under the control of a governmental agency engaging their services, do not come under this exclusion. Such divers may, however, be covered by the provision concerning application of the standard in an emergency [29 CFR §1910.401(b)]. In excluding these search and rescue operations, OSHA determined that safety and health regulation of the police and related functions are best carried out by the individual States or their political subdivisions. It is pointed out that this exclusion does not apply when work other than search, rescue and related public safety diving is performed (e.g., police divers repairing a pier). 3. "Diving governed by the Protection of Human Subjects regulations of the Department of Health, Education and Welfare (HEW) or equally effective rules or regulations of another Federal Agency." Diving operations which are governed by 45 CFR Part 46 are not within the scope of OSHA's commercial diving standard. such operations involve research and development or related scientific activities requiring human subjects and receive HEW grants or contracts. Compliance with HEW regulations is mandatory for such employers or contractors, and the regulations are designed to promote safety and health. Similarly, any other Federal agency which adopts rules or regulations that are equally effective (i.e., similar in design, purpose, and effect to those of HEW) are covered by this exclusion. The exclusion is supported in the record on the grounds that it would permit continued scientific research designed to extend the safe limits of diving physiology and technology. The long-term safety and health interests of divers are best served by the continuation of this research, and such diving cannot reasonably be expected to comply in every respect with a standard designed to reflect current commercial diving operational practice. EMERGENCY PROVISION OF OSHA'S COMMERCIAL DIVING STANDARD The original OSHA diving standard also included a provision for emergency situations [29 CFR § 1910.401(b)], which remains in effect, when the overriding consideration is the preservation of life and the protection of the environment as follows:

Butler III F

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"The `Emergency Provision' permits deviations from the requirements of OSHA's diving standard in situations where death, serious physical harm, or major environmental damage is likely, but only to the extent that such action is immediately necessary to prevent or minimize the harm." No exemption is provided by the emergency provision for situations where purely economic or property damage is likely. Further, the emergency provision is not intended to substitute for the statutory variance procedures under Sections 6(b)6(A), 6(b)6(C), 6(d), and 16 of the OSH Act. This emergency provision anticipates the unique circumstances for which diving services are sometimes needed and thus obviates the need for a continuous OSHA variance capability to make ad hoc determinations in emergency situations. Although temporarily exempt from inappropriate substantive portions of the standard in such emergency situations, employers are required to notify the nearest OSHA Area Office within 48 hours and, upon request of the Area Director, to submit a record of the notification with an indication and explanation of what deviations from the standard were taken as a result of the emergency. This reporting requirement enables OSHA to monitor the use of this exemption. SCIENTIFIC DIVING EXEMPTION - BACKGROUND AND DEVELOPMENT The original OSHA standard for commercial diving operations did not exempt diving performed solely for scientific research and development purposes. Subsequent to the publication of OSHA's original standard, the Agency received numerous requests from various individuals and organizations to reconsider the applicability of the standard to educational/scientific diving. Proponents for exemption educational/scientific diving noted that is was customary for the educational/scientific diving community to follow well-established, consensual standards of safe practice. They pointed out that the first set of consensual diving standards was developed by the Scripps Institution of Oceanography of the University of California (Scripps) in the early 1950's. Further, in 1973, diving safety boards and committees from ten major educational institutions involved in scientific diving met and accepted the University of California Guide for Diving Safety as a minimum standard for their individual programs. Therefore, it was contended that most diving programs at educational institutions were complying with this consensual standard, with limited modifications for regional and operational variations in diving, before the publication of the OSHA original diving standard. The educational/scientific diving community pointed to their excellent safety record prior to OSHA's publication of a diving standard, and attributed their safety record to the effectiveness of self-regulation by their community. Additionally, they noted that significant differences exist between commercial diving and educational/scientific diving. For example, the educational/scientific diver is an observer and data gatherer who chooses the work area and diving conditions that will minimize environmental stresses, and maximize the safety and efficiency of gathering data. In contrast, it was noted that the commercial diver is an underwater construction worker, builder and trouble shooter whose work area and diving conditions are determined by the location and needs of the project. Based on the concerns expressed by the educational/scientific diving community, on August 17, 1979, OSHA published an advance notice of proposed rulemaking (ANPR) [44 F.R. 48274] to obtain additional information concerning which provisions of the OSHA diving standard were causing the most difficulty and what modifications to the standard should be considered. The responses to the ANPR, together with other information and data contained in OSHA's commercial diving record, convinced the Agency that there was a significant difference between educational/scientific diving and commercial diving; that the safety record of the educational/scientific diving community represented evidence of its successful self-regulation and, as a result, an exemption for educational/scientific diving might be justified. Accordingly, on March 26, 1982, OSHA published a notice of proposed rulemaking [47 F.R. 13005] to exempt diving "performed solely for marine scientific research and development purposes by educational institutions" from the OSHA diving standard. Although it was proposed to exempt only educational institutions that perform scientific diving, in the notice of proposed rulemaking OSHA requested responses to three specific questions in order to solicit data and information for determining if the exemption should include other segments of the scientific diving community. The original comment period for this notice of proposed rulemaking was May 10, 1982; however, on May 26, 1982, OSHA published a notice [47 F.R. 22972] extending the comment period as requested by the American Academy of Underwater Sciences to June 18, 1982, and scheduled informal public hearings for June 29-30, 1982, in Washington, D.C., and July 7-9, 1982, in Los Angeles, California. Following completion of the public hearings, the submission of post-hearing comments, and receipt of arguments and briefs relating to the hearing issues, the Administrative Law Judge certified the record on September 3, 1982. Butler III F 65

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Based on the overwhelming support from comments and hearing testimony, as well as other information contained in the record, OSHA concluded that an exemption was justified for all scientific diving, not just solely scientific diving performed by educational institutions. Therefore, OSHA decided to broaden the exemption to include all segments of the scientific diving community. Based on the record, OSHA's exemption for scientific diving included specified conditions that scientific diving programs must meet before members of the scientific diving community may avail themselves of the exemption. On November 26, 1982, OSHA exempted scientific diving from coverage under 29 CFR Part 1910, Subpart T, Commercial Diving Operations, provided that the diving meets the Agency's definition of scientific diving and is under the direction and control of a diving program utilizing a safety manual and a diving control board meeting certain specified criteria [47 F.R. 53357; § 1910.401(a)(2)(iv)]. The November 1982 scientific exemption, however, was subsequently challenged by the United Brotherhood of Carpenters and Joiners (UBCJ) under Section 6(f) of the OSH Act. The union filed a petition for judicial review of the final rule regarding the scientific exemption, and on April 4, 1984, the Court of Appeals issued a memorandum and court order which required further action regarding this final rule. In compliance with the Court's memorandum and order, OSHA published a notice on July 18, 1984 [49 F.R. 29105], which reopened the record, and required a determination of the interpretive guidelines that OSHA proposed to use in determining which enterprises may avail themselves of the exemption for scientific diving. Final action regarding this court order was concluded and published by OSHA on January 9, 1985 [50 F.R. 1046], "Commercial Diving Operations - Exemption for Scientific Diving - Final Guidelines." This notice established the final guidelines that OSHA uses, in conjunction with the exemption criteria contained in the final rule [47 F.R. 53357; 29 CFR § 1910.401(a)(2)(iv)], to determine whether a scientific diving program can avail itself of the exemption from the OSHA commercial diving standard. It is emphasized that the absence of any factor specified in the guidelines [Appendix B to 29 CFR Part 1910 - Subpart T, Commercial Diving Operations] or the final rule [29 CFR § 1910.401(a)(2)(iv)] renders a diving program ineligible for the exemption. SCIENTIFIC DIVING EXEMPTION DISCUSSION OF APPLICABLE FINAL RULE AND GUIDELINES The final rule [29 CFR § 1910.401(a)(2)(iv)] which became effective on November 26, 1982, exempts any diving operation that is, "Defined as scientific diving and which is under the direction and control of a diving program containing at least the following elements: (A) Diving safety manual which includes at a minimum: Procedures covering all diving operations specific to the program; procedures for emergency care, including recompression and evacuation; and criteria for diver training and certification. (B) Diving control (safety) board, with the majority of its members being active divers, which shall at a minimum have the authority to: Approve and monitor diving projects; review and revise the diving safety manual; assure compliance with the manual; certify the depths to which a diver has been trained; take disciplinary action for unsafe practices; and, assure adherence to the buddy system (a diver is accompanied by and is in continuous contact with another diver in the water) for SCUBA diving." In addition to the final rule, Appendix B to 29 CFR Part 1910, Subpart T (Commercial Diving Operations Standard), "Guidelines for Scientific Diving," became effective on January 9, 1985. This appendix provides guidelines that are used in conjunction with the final rule to determine those scientific diving programs which are exempt from OSHA's diving standard. The guidelines are as follows: 1. "The Diving Control Board consists of a majority of active scientific divers and has autonomous and absolute authority over the scientific diving program's operations." The first guideline concerns organizational structure. OSHA concluded that the organizational structure of the scientific diving community's consensual standard program is not only vital to the integrity of scientific diving programs, but effectively serves to segregate scientific diving from commercial diving. The Diving Control Board required of scientific diving programs contains several elements that distinguish between commercial diving and the exempt scientific diving programs. These distinctive elements include absolute 66

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authority over diving operations, the autonomy inherent in the Diving Control Board's decision-making powers and responsibilities, and peer review. OSHA's intent was for the Diving Control Board, primarily consisting of the divers themselves, to regulate the diving activities in a manner consistent with that described by the scientific diving community during the rulemaking process. Therefore, OSHA requires that Diving Control Boards have this autonomous and absolute authority over scientific diving operations. OSHA also concluded that the peer review system has successfully regulated scientific diving programs and, therefore, OSHA mandated that the majority of members of the Diving Control Board be active divers. OSHA's intent with respect to this "peer review" was that the active divers required to make up the Diving Control Board would be scientists who actively dive, since a issue was the control of a scientific program. Thus, OSHA will interpret the membership requirement as it was intended in the final rule. The "majority of active divers" on the Diving Control Board must also be scientists. 2. "The purpose of the project using scientific diving is the advancement of science; therefore, information and data resulting from the project are non-proprietary." The second guideline concerns the restricted purpose of the project. In part, the definition of scientific diving is "diving performed solely as a necessary part of a scientific, research, or educational activity" [47 F.R. 53365; 29 CFR § 1910.402]. The National Oceanic and Atmospheric Administration (NOAA) Diving Manual notes that "marine research using diving as a tool has been important in understanding the ocean, its organisms, and its dynamic processes." such diving includes the study of fish behavior, ecological surveys and benthic surveys (the aggregate of organisms living on or at the bottom of a body of water). Scientific diving is an adjunct used in the advancement of underwater science. For example, representatives from the scientific diving community noted during public hearings and in written comments that "Our objective is to promote the advancement of science and the use of underwater methods," that "Research and the furtherance of scientific knowledge are their (the divers) primary goals," that results are "shared worldwide," and further that coverage of the scientific diving community by Subpart T, Commercial Diving Operations, may cause "irreparable damage to the underwater scientific effort of the United States." Because the exemplary safety record which led OSHA to promulgate the scientific exemption to Subpart T was created by diving with the restricted purpose of advancing science, OSHA limited the scope of the exemption to diving intended to advance science. OSHA recognizes that the advancement of science cannot occur unless such studies are made available to contribute to and enhance scientific knowledge. Therefore, OSHA's intent was to restrict the exemption to scientific research dives that result in non-proprietary information, data, knowledge, or other work product. The requirement that information be non-proprietary applies to scientific, research, and educational activities engaged in by scientific divers. Material available to the public for review is non-proprietary, whether or not it is published; material not available for review is proprietary. 3. "The tasks of a scientific diver are those of an observer and data gatherer. Construction and trouble-shooting tasks traditionally associated with commercial diving are not included within scientific diving." The third guideline concerns the tasks performed. The scientific diving definition in the standard states that such diving must be done by employees whose sole purpose for diving is to perform scientific research tasks. Also contained in the definition is a list of those tasks that are traditionally considered commercial, with emphasis on construction and the use of construction tools (e.g., heavy equipment, power tools, explosives, welding equipment, burning equipment). As OSHA discussed in the final rule [47 F.R. 53357], a commercial diver is typically an underwater construction worker, builder and trouble shooter; a scientific diver is an observer of natural phenomena or responses of natural systems, and a gatherer of data for scientific analysis. The tasks performed by the scientific diver are usually light and short in duration; if any hand tools are used, they are simple ones (e.g., small hammer, collecting jars, special hand-held measuring devices, plastic core tubes, hand net, suction fish collector, camera, slate/pencil). As was indicated in a federal register notice [49 F.R. 29105], an example of task distinction might involve a scientific study of kelp. The construction of the kelp bed used in the project is not scientific diving since construction activities are commercial diving tasks, however, the consequent studies made of the kelp would be scientific diving tasks. Another example of task distinction was provided in the discussion of the final guidelines [50 F.R. 1046]. The lowering of a large object (e.g., Sea Lab, Project Aquarius Habitat), even though part of a scientific project, is not scientific diving. The special skills of an underwater scientist, including observation and data collection skills, obviously do not contribute to the placement of a large object underwater. OSHA avoided the possibility of the exemption applying to scientific divers who undertake such tasks while participating in a 67

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scientific research project by focusing the definition on the sole purpose of the dive (scientific research tasks), eliminating dives with mixed purposes, and further indicating typical examples of what OSHA considers to be commercial tasks. It is noted that the scientific diving community supported this limited definition [Amicus Brief, UBCJ v. OSHA, No. 82-2509 (D.C. Circuit)]. 4. "Scientific divers, based on the nature of their activities, must use scientific expertise in studying the underwater environment and, therefore, are scientists or scientists-in-training." The fourth guideline concerns special qualifications. As was previously noted, a scientific diver is an observer and data gatherer involved in studying the underwater environment, its organisms and its dynamic processes in order to promote underwater science. OSHA concluded, based on the nature of these activities, that these divers must be able to use scientific expertise in studying and analyzing the underwater environment. Consequently, OSHA requires these divers to be scientists or scientists in training. For example, a project to map segments of the ocean floor might hire commercial divers to undertake certain mapping tasks. These commercial divers are neither scientists nor scientists in training as prescribed by this guideline and, therefore, would not be eligible for the exemption. If, however, scientific expertise were needed to effectively accomplish tasks associated with the mapping (e.g., specialized geological knowledge), and a geologist trained as a diver were hired to perform the special geological tasks associated with the mapping, then such diving tasks would meet this particular criterion. As stated previously, however, all program criteria and guidelines must be met in order for this diving scenario to qualify for the exemption. In promulgating the exemption, OSHA rejected credentialism to determine who is a scientist; the Agency did not reject the limitation that individuals must be scientists. Such a limitation reflects the scientific diving community's underwater activities, and it prevents obvious commercial diving from being construed as scientific diving.

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Originally printed in: "Diving for Science...1997.", p87-100. Maney and Ellis (eds.). Reprinted in Florida Department of Environmental Protection's Diving Safety Manual with permission of the author September 1998. The Legal Scope of "Scientific Diving": an Analysis of the OHSA Exemption· § R. Eldridge Hicks·· [email protected] Contents INTRODUCTION THE CODIFIED STATEMENT OF LAW THE OSHA FINAL GUIDELINES, SUPPLEMENTAL STATEMENT OF REASONS ANALYSES OF "TYPES" AND "MODES" OF SCIENTIFIC DIVING ACTIVITIES A. Types of Permissible Scientific diving Activities 1. Large Objects 2. Maintenance, Construction and Troubleshooting 3. Proprietary Information and Data 4. Mixed Purposes 5. Simple Handtools 6. Light Diving for Short Durations B. Modes of Permissible Scientific Diving C. The Application of Peer Standards To Modes of Permissible "Scientific Diving" APPENDIX I: A WORKING LEGAL DEFINITION OF "SCIENTIFIC DIVING" I. INTRODUCTION The U.S. Occupational Safety and Health Administration ("OSHA") exempts certain types of diving operations from the strict controls placed on commercial diving activities by employees. One of these exemptions applies to "scientific diving" - a term carrying a highly refined and esoteric definition in OSHA law, sometimes misunderstood and misinterpreted in the diving community. Some scientific divers dubiously contend that long-standing but untested practices define the law: "We've been doing it that way for years, so it must be legal." Others incorrectly assume that the OSHA regulations are a simple snapshot of diving practices that existed during the formative years of federal regulation: "We were exclusively open-circuit air divers during 1976-85, so nitrox, rebreathers and other modes of diving must not be legally permissible within the exemption today." Some dive safety officers and diving control boards confuse the OSHA standards for the "instructional" exemption with the OSHA standards of the "scientific diving" exemption, concluding that certain modes of diving prohibited under the former regulation must also be prohibited under the latter regulation.

·

I. II. III. IV.

Copyright (c) 1997, REH R. Eldridge Hicks is a practicing attorney educated at Harvard Law School (1971) and Stanford University (1968). His legal career has focuses on diving law, commercial fisheries, maritime law and insurance defense. Dive-related clients include the Alaska Underwater Science Foundation, American Academy of Underwater Sciences; NAUI instructor defense work, and the Undersea and Hyperbaric Medical Society, Pacific Chapter.

··

Hicks is a NAUI, PADI and IANTD (nitrox) instructor with the Alaska Wilderness Studies Program at the University of Alaska, a crew member at the Catalina Hyperbaric Chamber, and a member of the dive safety board of the Prince William Sound Science Center. He is the founder and chair of the Alaska Underwater Science Foundation, and has led scientific diving expeditions in the submerged caves of Prince of Wales Island and along the Bering Strait. He is an active Great Lakes wreck diver, ice diver and cave diver. Hicks III F

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Even more fundamentally, some science divers read only the exemption and the definition sections of the federal regulations, and maybe Appendix B, but miss the 5-page text of the highly definitive and legally significant "Final Guidelines, Supplemental Statement of Reasons" published by OSHA in response to a federal court order in 1985. This paper will analyze the precise language of both the exempting regulations and the supplemental interpretation of "scientific diving" composed by OSHA and officially promulgated in 1985. To assist dive safety officers making routine, practical decisions on a daily basis, Appendix I contains a comprehensive and practical checklist or "restatement" of the full exemption in plain English. The reader is cautioned, however, that this review is only a general analysis of the exemption regulations, designed to provide a broad understanding of the parameters of "scientific diving." It is impossible to review and analyze here all of the myriad factual permutations of each and every conceivable diving activity or diving mode that might fall within or outside the legal parameters of "scientific diving." Actual circumstances frequently create distinguishable variations on the generic themes discussed here. Scientific divers should consult an attorney for accurate legal advice regarding specific diving events.1 II. THE CODIFIED STATEMENT OF LAW There are three subsections of the OSHA regulations that represent the black-letter statement of the "scientific diving" exemption. The first two are distinct subsections of the original regulations. The third source is called "Appendix B," added in 1985. It represents a condensed version of still a fourth source for the law of "scientific diving": a 5-page elaboration promulgated by OSHA as "Final Guidelines, Supplemental Statement of Reasons" in early 1985. First, in the "Scope" subsection of its "Standards" regulations, OSHA issues its pronouncement of the scientific diving exemption as follows: (2) This standard applies to diving and related support operations conducted in connection with all types of work and employments, including general industry, construction, ship repairing, shipbuilding, shipbreaking and longshoring. However, this standard does not apply to any diving operation: ...2 (iv) Defined as scientific diving and which is under the direction and control of a diving program containing at least the following elements:

As a benefit of membership in AAUS, the author is available pro bono to DSOs and DCBs of educational, governmental and non-profit institutions, for telephonic or e-mail advice and consultation about specific questions pertaining to the analyses developed here.

2 The ellipses in this quote replace other types of diving activities exempted by OSHA regulations. The reader is cautioned that these other types of diving operations are defined from different legal perspectives, and with different frames of reference. One should not assume that diving modes and dive equipment prohibited under the exemption language for one form of diving operation, will automatically apply also to another form of exempted diving operation. For example, 29 CFR §1910.401(a)(2)(i), provides an exemption for diving operations

1

(i) Performed solely for instructional purposes, using open-circuit, compressed-air scuba and conducted within the no-decompression limits Note that this "instructional" exemption focuses on modes of diving and on technical levels of diving skills. By contrast, the "scientific diving" exemption focuses on qualifications, internal controls, tasks and tools. This significant legal distinction will be discussed in greater detail below.

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(A) Diving safety manual which includes at a minimum: Procedures covering all diving operations specific to the program; procedures for emergency care, including recompression and evacuation; and criteria for diver training and certification. (B) Diving control (safety) board, with the majority of its members being active divers, which shall at a minimum have the authority to: Approve and monitor diving projects; review and revise the diving safety manual; assure compliance with the manual; certify the depths to which a diver has been trained; take disciplinary action for unsafe practices; and, assure adherence to the buddy system (a diver is accompanied by and is in continuous contact with another diver in the water) for scuba diving.3 Secondly, in the "Definitions" section of its regulations, OSHA adds more substance to the above description of "scientific diving: "Scientific diving" means diving performed solely as a necessary part of a scientific, research, or educational activity by employees whose sole purpose for diving is to perform scientific research tasks. Scientific diving does not include performing any tasks usually associated with commercial diving such as: Placing or removing heavy objects underwater; inspection of pipelines and similar objects; construction; demolition; cutting or welding; or the use of explosives.4 But these two black-letter statements of the law leave many questions unanswered, and, read in isolation, have led to some fatal misunderstandings of the scientific diving exemption. For example, the uninitiated reader attempting to interpret the exemption from the above subsections of law might ask: * Who is eligible to engage in scientific diving? The regulation suggest any "employee." following analysis will show that the identity of this "employee" is far more qualified in law. The

* The diving safety manual must set criteria for dive training and certification, but what law or regulation precludes a diving control board from simply accepting NAUI or PADI standards, and then certifying as a "scientific diver" any diver with an open-water, recreational C-card? * What exactly is a "scientific research task"? For example, can "scientific diving" be performed by an employee of a private, for-profit consulting firm conducting an underwater scientific experiment for a pharmaceutical firm that will guard the results closely as a trade secret? Does the reference to "scientific research task" preclude exempt diving for other educational purposes such as historical (arguably non-scientific) research? * What type of tools can a scientific diver use, and how does one measure the labor that a scientific diver can engage in before it becomes a "task usually associated with commercial diving"? What does "usually" mean in this context? * Unlike the OSHA exemption for "instructional" diving, which specifically limits the exemption to the diving mode of "open-circuit, compressed-air scuba" and no-decompression diving, there is no mention of any such restrictions on the diving modes that can be used in "scientific diving." Hence, should one conclude that scientific divers can use mixed gas, rebreathers, surface-supply, decompression and saturation diving, etc.? * The exemption and definition regulations state only that the board must have a majority comprised of "active divers," not necessarily active scientific divers. Can any C-card holder in the

3

29 CFR § 1910.401(a)(2)(iv). Exactly the same wording quoted here from the "Standards, Commercial Diving Operations" can also be found at OSHA's "Safety and Health Regulations for Construction, Diving General," 29 CFR § 1926.1071(a)(2)(iv). 29 CFR §1910.402. Exactly the same wording quoted here from the "Standards, Commercial Diving Operations" can also be found at OSHA's "Safety and Health Regulations for Construction, Diving General, "29 CFR § 1926.1072.

4

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community fulfill that role? What frequency and recency of diving activity makes a person "active"? What type of diving activity makes a person "active"? The answers to these and other questions begin to emerge in Appendix B to 29 CFR Part 1910, Subpart T, Commercial Diving Operations, which is the third source of definition for those operations called "scientific diving." That Appendix B is a summary of elaborations later added to the Final Rule. The text underlined below indicates the new definitional material which the Appendix added to the law: This appendix contains guidelines that will be used in conjunction with s 1910.401(a)(2)(iv) to determine those scientific diving programs which are exempt from the requirements for commercial diving. The guidelines are as follows: 1. The Diving Control Board consists of a majority of active scientific divers and has autonomous and absolute authority over the scientific diving program's operations. 2. The purpose of the project using scientific diving is the advancement of science; therefore, information and data resulting from the project are non-proprietary. 3. The tasks of a scientific diver are those of an observer and data gatherer. Construction and trouble-shooting tasks traditionally associated with commercial diving are not included within scientific diving. 4. Scientific divers, based on the nature of their activities, must use scientific expertise in studying the underwater environment and, therefore, are scientists or scientists in training.5 This quote is actually a condensed version of still a fourth source for understanding the law of "scientific diving," an elaborate 5-page statement published by OSHA at 50 Fed. Reg. 1046-50 on January 9, 1985. Hence, in order to fully understand the legal meaning of "scientific diving," one must consult not only the exemption subsection, the definition subsection and the Appendix B condensed Final Guidelines, but also the full 5-page text of the "Supplemental Statement of Reasons" which the federal court ordered OSHA to promulgate in 1985. The next section of this paper analyzes that full text of the Supplemental Statement. III. THE OSHA FINAL GUIDELINES, SUPPLEMENTAL STATEMENT OF REASONS On April 4, 1984, a federal court issued an Order requiring OSHA to "authoritatively state guidelines that would indicate how the `scientific' and `commercial' classifications [of diving operations] will be applied to arguably ambiguous cases."6 In response and compliance, on January 9, 1985, OSHA published "Final Guidelines, Supplemental Statement of Reasons."7 Introducing this 5-page document, OSHA specifically proclaimed, The purpose of this notice is to establish the final guidelines that OSHA will use, in conjunction with the exemption criteria contained in the Final Rule [quoted above at pp 2-4], to determine whether a scientific diving program can avail itself of the exemption from the standard for commercial diving operations... The absence of any factor specified in these guidelines or the Final Rule renders a diving program ineligible for the exemption.8

5 Part 1910, Appendix B to Subpart T, Guidelines for Scientific Diving. (Emphasis added.) Exactly the same wording quoted here from the "Standards, Commercial Diving Operations," can also be found at OSHA's "Safety and Health Regulations for Construction, Diving General," Part 1926, Appendix B to Subpart Y, Guidelines for Scientific Diving. 6 United Brotherhood of Carpenters and Joiners of America, AFL-CIO v. United States Department of Labor, Occupational Safety and Health Administration, Memorandum and Order at 6, Case No. 82-2509, April 4, 1984. 7 8

50 Fed. Reg. 1046-50, January 9, 1985. Id. at 1046. (Emphasis added.)

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Expanding an adding even more detail than what is found in Appendix B, OSHA stated in the Supplemental Statement of Reasons that the Board must not only have autonomous and absolute authority over the diving operation, but also must provide "peer review."9 OSHA contemplates that the Diving Control Board is "primarily consisting of the divers themselves."10 The majority of active divers on the Diving control Board "must also be scientists."11 Who is a "scientist"? The Final Guidelines "reflect OSHA's rejection of dependence upon fixed credentials (such as the number of published papers) to determine who is a scientist..."12 [A] scientific diver is an observer and data gatherer involved in studying the underwater environment, its organisms and its dynamic processes in order to promote underwater science. OSHA believes, based on the nature of these activities, that these divers must be able to use scientific expertise in studying and analyzing the underwater environment. Consequently, OSHA will require these divers to be scientists or scientists in training.13 ... In promulgating the exemption, OSHA rejected credentialism to determine who is a scientist...14 OSHA then reasons that, if the scientific diving is "solely" a "necessary part" of the advancement of science, then logically it follows that "information and data resulting from the project are non-proprietary."15 Therefore, OSHA's intent in promulgating the amendment was to restrict the exemption to scientific research dives that result in non-proprietary information, data, knowledge, or other work product. ... If such clarification is indeed needed, it is hereby supplied. The requirement that information be non-proprietary applies to scientific, research, and educational activities engaged in by scientific divers. ... Material available to the public for review is non-proprietary, whether or not it is published; material not available for review is proprietary.16 This does not mean that any person at any time can insist upon an opportunity to see raw scientific diving work product. If the work product in [sic] being assembled in the ordinary course of the development of a scientific project, within a reasonable timeframe, then a reasonable delay in making it available to the public is justifiable. Moreover, it is not necessary for the work product ot be published, provided the raw data is available to the public after some reasonable interval of time. Environmental impact studies are included among qualifying "scientific, research, and educational activities."17 The scientific diver is "an observer and data gatherer."18 "Construction and the use of construction tools" will generally be considered commercial diving, not within the exemption.19

Id. at 1047. Id. 11 Id. at 1048. 12 Id. (Emphasis in original.) 13 OSHA continues noting, "This guideline is amply supported by descriptions in the rulemaking record and court proceedings of the personnel who participate in scientific dives." Id. at 1050. 14 Id. 15 Id. at 1047. 16 Id. at 1049. 17 50 Fed Reg at 1049.

10 9

18

Id. 73

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A commercial diver is typically an underwater construction worker, builder and trouble shooter; a scientific diver is an observer of natural phenomena or responses of natural systems, and a gatherer of data for scientific analysis. The tasks performed by the scientific diver are usually light and short in duration; if any hand tools are used, they are simple ones.20 ... [A]n example of task distinction might involve a scientific study of kelp. The construction of the kelp bed used in the project is not scientific diving since construction activities are commercial diving tasks. The consequent studies made of the kelp would be scientific diving tasks. OSHA will carefully evaluate the tasks of those entities claiming to be performing scientific diving to assure that commercial diving type tasks are not being performed. ... OSHA determined that the lowering of a large object (such as Sea Lab), even though a part of a scientific project, was not scientific diving. The special skills of an underwater scientist, including observation and data collection skills, were obviously not contributions to the placement of a large object underwater. In fact, OSHA was convinced that this type of task is a typical commercial task, requiring the skills of commercial divers in accomplishing the placement of such an object.21 In a slightly different context (distinguishing between types of divers), OSHA offers still more insight into the regulatory distinction between commercial diving activity and scientific diving activity: For example, a project to map segments of the ocean floor might hire commercial divers to undertake certain mapping tasks. These commercial divers are neither scientists nor scientists in training as prescribed by this guideline and, therefore, would not be eligible for exemption. If, however, scientific expertise were needed to effectively accomplish tasks associated with the mapping (e.g., specialized geological knowledge), and a geologist trained as a diver were hired to perform the special geological tasks associated with the mapping, then such diving tasks would meet this particular criterion.22 To avoid obfuscating commercial diving and scientific diving activities, OSHA is "focusing the definition on the sole purpose of the dive (scientific research tasks), eliminating dives with mixed purposes..."23 Hence, a diver who is both cleaning barnacles and collecting specimen samples is engaging in activity with "mixed purposes," and therefore not engaged in the exempt activity of "scientific diving." IV. ANALYSES OF "TYPES" AND "MODES" OF SCIENTIFIC DIVING ACTIVITIES There are two ways of looking at any scientific dive. One method defines scientific diving activities by focusing on the tasks or endeavors to be performed by the divers. Another method defines the scientific diving mode by focusing on the methods and techniques used by these divers. The following analyses will

19 20

Id. One commenter noted [during the pubic hearings],

The common tools of the scientific diver include a small hammer (for chipping off a coral sample), collecting jars, special hand-held measuring devices, plastic core tubes, a hand net, a suction fish collector, a camera, a slate/pencil, and so on. With very few isolated exceptions does a scientific diver encounter a situation which involves working with heavy equipment underwater, using power tools, handling explosives, or using welding or burning equipment... 21 Id. 22 Id. at 1050. (Emphasis in original.) 23 Id. at 1049. Hicks III F

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demonstrate that the OSHA regulations restrict activities, but do not significantly restrict modes of lawful "scientific diving." A. Types of Permissible "Scientific Diving" Activities. The exempting regulation24 describes "scientific diving" only in terms of the structural controls emanating from a diving safety manual and a diving control board. The definitional regulation25 describes "scientific diving" only in terms of the tasks to be performed. The Appendix B Final Guidelines26 and the Supplemental Statement of Reasons27 continue to focus both on structural controls and on tasks performed, but with far greater elaboration. The Final Guidelines analyze "scientific diving" in terms of the size of objects being manipulated, the simplicity of tools, the nature of the use of the information derived, the character of the dive as maintenance-versus-scientific or as mixed purposes, and finally, the complexity/duration of the dive. The following paragraphs discuss each of these categories, in search of further elucidation of the legal distinction between exempted "scientific diving" and regulated "commercial diving." 1. Large Objects. OSHA has stated clearly that the lowering and placement of "large objects" is commercial diving, not "scientific diving." This type of work would generally include maneuvering bells, submersibles, large nets, traps, frameworks, etc. However, exceptions may exist where specialized scientific expertise is necessary for performance testing, adjusting or aligning to particular shapes or configurations, or, where the project requires delicate placement of large objects in a sensitive marine environment or in close conjunction28 with other technical, scientific apparatuses. For example, the placement of large archeological frameworks may require specialized scientific expertise in maneuvering the structure into a precisely chosen location, and in the delicate task of setting the frameworks in place without destroying data and artifacts. Similarly, the placement of a large seine for luring sea lions for testing and tagging might require specialized scientific expertise to situate the net properly near a haul-out and to configure the net to accommodate known behavioral traits of the sea lions. In short, while the broadly stated category called placement-of-large-objects is not "scientific diving," unique circumstances in any given situation might qualify or change that general proposition of law. 2. Maintenance, Construction and Troubleshooting. OSHA also has declared that maintenance, construction and troubleshooting work "usually" or "typically" or "traditionally" performed by commercial divers cannot qualify as "scientific diving." The test is twofold: First, is some legitimate, credible measure of specialized scientific expertise necessary to perform the work? The laying of grids along simple compass bearings probably does not require scientific expertise. Construction, maintenance and repair of an oyster bed normally does not require scientific expertise. In most instances, cleaning submerged surfaces (hulls, windows, etc.) also will fall within the commercial diving category rather than the "scientific diving" category. Secondly, how does one measure what is "usually," "typically" or "traditionally" in the realm of commercial diving? If the particular diving operation is performed by commercial divers only occasionally, sporadically, irregularly or infrequently, then it probably is not within the jurisdiction of commercial diving. The task must be customarily, normally, regularly or ordinarily performed by a commercial diver. It must be commonplace, conventional, established in practice and expected by reason of previous experience to be

29 CFR § 1910.401(a)(2)(iv) or 29 CFR § 1926.1071(a)(2)(iv). 29 CFR § 1910.402, or 29 CFR § 1926.1072. 26 Part 1910, Appendix B to Subpart T, or Part 1926, Appendix B to Subpart Y. 27 50 Fed. Reg. 1046-50, January 9, 1985. 28 However, the scientific divers must be cautioned to avoid the types of "mixed purposes" that might be prohibited by the exemption regulations. See, p. 95 below. [next page]. Hicks III F

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performed by a commercial diver. The task must have characteristics that are distinctively and historically "commercial" rather than "scientific."29 In the last analysis, many routine "construction" and "maintenance" diving tasks are quite clearly beyond the bounds of the "scientific diving" exemption. But many "troubleshooting" tasks in the scientific community have always been more technically oriented, and probably are not historically performed by commercial divers. To the extent OSHA excludes only those troubleshooting tasks "usually," or "typically" or "traditionally" within the jurisdiction of commercial diving, and to the extent those troubleshooting dive projects do not raise expectations of "commercial diving" by reason of previous customary experience, the tasks probably can be performed by scientific divers. Note that the above analysis is historical in nature. The OSHA language focuses on "usually," "typically," and "traditionally." The employment of these adverbs in law indicates that scientific divers can actually influence future OSHA and court interpretations of a particular diving task, by engaging in long-term diving practices in those penumbral areas between "scientific diving" and "commercial diving" activities. Where a certain diving task is sufficiently ambiguous to be arguably within or arguably outside the categories of mere "maintenance, construction and troubleshooting work," and where scientific divers have established a longterm history of performing that work exclusive of commercial divers, that diving task is no longer (if ever) "usually" or "typically" or "traditionally" performed by commercial divers. 3. Proprietary Information and Data. The data and information gathered during "scientific diving" must be in the public domain; it cannot be withheld as "proprietary." Private engineering firms frequently include boilerplate provisions in their consulting contracts, claiming proprietary rights to their work products even when the services and results are being paid by and provided to the other contracting party. All diving operations performed under such a contract probably are commercial dives, not "scientific diving" within the OSHA exemption. Again, this limitation on the "scientific diving" exemption must be interpreted carefully in the precise context of each particular event. The requirement that data and information remain in the public domain does not mean that any person is entitled to gain access to the diving information at any time. (See, note 17 above.) The standard will be construed to require only reasonable access within a reasonable time, measured in the OSHA-defined context of "the advancement of science."30 If the "advancement of science" requires more extensive data gathering, or a more protracted review of the data, prior to the release of a credible work product, the employer of the scientific diver probably is legally correct in withholding access and publication for a temporary, reasonable period of time. 4. Mixed Purposes. The "sole purpose" of "scientific diving" must be a scientific or educational research task. If a scientific research dive or a data collection dive includes any other, supplementary task that OSHA considers to be usually, typically or traditionally commercial diving, then the dive contains "mixed purposes" and no longer qualifies under the exemptive language. Hence, in the strictest sense (and however absurd), an exempt scientific diver who is gathering data or specimen within a marine habitat cannot also perform routine maintenance or repair of the structures of the habitat during that dive, if that routine maintenance or repair is usually or typically within the realm of commercial diving activities. 5. Simple Handtools. Two points can be made about the "simple" "handtools" limitation of the scientific diving exemption. First, it was testimony from the scientific diving community itself that delineated the parameters of this definition. OSHA quotes that testimony as clarifying language.31 While the law is broad and flexible enough to accommodate new and other "simple" "handtools," OSHA has nonetheless

29 Where a regulation is susceptible to two or more reasonable interpretations, it is legally ambiguous. A documented history of practices may then provide very persuasive arguments favoring one or another interpretation of that ambiguity by the reviewing court. For this reason, scientific divers should always maintain accurate and complete records, documenting their work activities for potential use later as evidence to establish that the particular task is "usually" or "traditionally" performed by scientific divers rather than by commercial divers. 30 50 Fed Reg at 1047. 31 "The common tools of the scientific diver include a small hammer (for chipping off a coral sample), collecting jars, special hand-held measuring devices, plastic core tubes, a hand net, a suction fish collector, a camera, a slate/pencil, and so on." 50 Fed Reg. at 1049. Hicks III F

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injected a high level of precision and predictability into the definition by describing exemplary and prototypical instruments in the Supplemental Statement of Reasons. Secondly, while the use of heavier tools or power tools is significantly limited by the exemption, it is not absolutely prohibited. The official interpretation of the exemption regulations does allow for scientific use of heavy tools or power tools in "very few isolated exceptions."32 However, these practices certainly cannot become frequent or commonplace occurrences. 6. Light Diving for Short Durations. Finally, OSHA describes the limits of "scientific diving" activities as "usually light and short in duration." Note that this language shades away from "tasks" and into "modes" of diving. These criteria suggest that "scientific diving" cannot routinely become hard and strenuous saturation diving. Similarly, a routine practice of deep dives in cold water requiring many hours of decompression, probably could not qualify as "scientific diving." However, again, the qualifying adverb, "usually," leaves the door ajar for occasional deviations from "light and short." How many heavy/long dives, and how frequently they can occur, is a matter requiring legal interpretation in each particular context presented for review. B. Modes of Permissible "Scientific Diving." The scientific exemption regulations say very little about particular diving equipment, procedures or techniques.33 Instead, OSHA focuses primarily on identifying (i) who the person is, (ii) what the narrow scientific task is, and (iii) whether that activity is under the autonomous direction and control of both an independent board and a detailed safety manual. Unlike OSHA's focus or fame of reference for other exempted types of diving, the regulations exempting "scientific diving" are drafted to describe distinctions and delineations between activities that are either "scientific" or "commercial." Rather than absolutely prohibiting any particular "mode" of diving, OSHA assumes (correctly) that a legally constituted control board and a lawfully composed safety manual will adequately limit and control diving modes to fit the qualifications of the particular scientific diver. The "Definitions" subsections of the OSHA commercial diving regulations contain descriptions of terms that aid considerably in understanding what OSHA intends to include within the scientific exemption, and what OSHA does not include within that exemption. For all diving activities, exempt and non-exempt, OSHA defines a "diving mode" as A type of diving requiring specific equipment, procedures and techniques (scuba, surfacesupplied air, or mixed gas).34 Each of these three parenthetical diving "modes" is then pointedly defined in the OSHA regulations as follows: "Mixed-gas diving": A diving mode in which the diver is supplied in the water with a breathing gas other than air. "Scuba diving": A diving mode independent of surface supply in which the diver uses open circuit self-contained underwater breathing apparatus. "Surface-supplied air diving": A diving mode in which the diver in the water is supplied from the dive location ["a surface or vessel from which a diving operation is conducted"] with compressed air for breathing.35

"With very few isolated exceptions does a scientific diver encounter a situation which involves working with heavy equipment underwater, using power tools, handling explosives, or using welding or burning equipment." Id. 33 The buddy system of diving is incorporated as a mode required under the scientific diving exemption. Also, as noted above, the restriction to light diving tasks of short duration shades into the concept of modes of diving. 34 29 CFR § 1910.402. 35 Id. (Emphasis added.) Hicks III F

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For commercial diving operations, all of these diving modes are legally permitted, but strictly regulated by OSHA. For exempted "instructional" diving operations, only "open-circuit, compressed-air scuba...conducted within the no-decompression limits" is exempted from regulation.36 Rebreathers, surface-supplied air, mixed gases and decompression diving are categorically excluded from exempt activities in this "instructional" diving context.37 But for "scientific diving," no particular OSHA "mode" of diving is absolutely, unconditionally prohibited. Instead of prohibiting particular "modes" of diving in the scientific realm, OSHA requires that all "scientific diving" - of whatever mode - must be controlled and managed by a dive control board and by a dive safety manual. Hence, scientific divers can lawfully engage in surface-supported diving, can lawfully use rebreathers, can lawfully engage in decompression dives, can lawfully use nitrox and mixed gases, can lawfully engage in deep diving and can lawfully engage in restricted-overhead diving (wrecks, ice and caves), provided that these diving operations are (I) performed by qualified scientific personnel, (ii) exclusively limited to the qualifying realm or tasks of scientific diving activities, and (iii) performed under the direction of both an autonomous control board of peers and a diving safety manual that addresses each particular diving mode. The OSHA exemption for "instructional diving" prohibits all but "open-circuit, compressed-air scuba ... conducted within the no-decompression limits." The language in this "instructional diving" exemption demonstrates clearly that OSHA knows how to restrict mixed gas diving, decompression diving and rebreather diving with very precise and specific language, when OSHA truly intends to do so. Yet no such restrictive language appears in OSHA's "scientific diving" exemption. In summary, for purposed of regulating commercial diving, OSHA specifically defines "diving modes" as "a type of diving requiring specific equipment, procedures and techniques (scuba, surface-supplied air, or mixed gas)." For purposes of exemption instructional diving, OSHA specifically limits such activity to "opencircuit," "compressed-air" and "scuba". For purposes of exempting scientific diving, OSHA says nothing about any of those various "diving modes" which OSHA carefully defines in other contexts, and which OSHA precisely delimits in other exemptions. Instead, OSHA focuses on the qualifications of the diver, the nature of the task or activity and the controlling board/manual. Therefore, as a matter of law, when diving (1) exclusively for scientific or educational purposes, (2) usually in light diving for short durations, (3) usually using only simply [sic] handtools, (4) gathering information or data that will remain in the public domain, (5) not engaging in simple, non-technical placement of large objects, (6) not engaging in construction, maintenance or troubleshooting activities usually, customarily and traditionally in the jurisdiction of commercial divers, and (7) always remaining under the control of an autonomous diving control board of peers and (8) a dive safety manual, a scientific diver can legally use surface-supplied air, rebreathers, scuba, nitrox or mixed-gas, and can legally engage in

29 CFR § 1910.401(a)(2)(i). Attorneys analyzing the OSHA "instructional" exemption correctly wondered whether enriched air nitrox is "air," within the "compressed-air" exemption for instructional diving. No new or different gases are added or deleted from the "air" gases to form EANx. Only the proportions of the two dominant air-gases are changed. On the other hand, OSHA defines "mixed gas" as "[a] diving mode in which the diver is supplied in the water with a breathing gas other than air." (Emphasis added.) Trimix and heliox are also changes in the proportions of air, albeit more radically - from trace gases to easily measurable proportions. In the OSHA definitions, these radical changes in proportions definitely constitute alterations sufficient to become "mixed gas," legally distinguishable from "air." However, these shadings of semantical distinctions among normoxic air, nitrox and more radically mixed gases are irrelevant to defining the legal parameters of the "scientific diving" exemption, because, in the first instance, that exemption from OSHA regulation contains no language ever limiting activities to "compressed-air" diving. The scientific exemption is defined in terms of task-limitations rather than mode-limitations, and in terms of the adequacy of control boards and manuals to identify and describe with precision who is qualified to used [sic] the "mixed gas" in the scientific diving program. Hicks III F

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decompression diving or restricted overhead diving without violating the federal OSHA exemption for "scientific diving."38 C. The Application of Peer Standards To Modes Of Permissible Scientific Diving. The qualified, carefully circumscribed exemption of scientific diving from federal regulation is not a governmental proclamation that scientific diving could never be unsafe or unhealthy. OSHA partially withdrew from the business of defining and enforcing standards and practices for safe and healthful scientific diving simply because OSHA recognized an early and continuous history of successful self-regulation within the scientific diving community. OSHA did not necessarily condone all modes of diving for the scientific diving community; OSHA only deferred to structured self-regulation. The American Academy of Underwater Sciences ("AAUS") publishes the standards which form the bellwether for safe and healthy scientific diving in America today. AAUS cannot broaden the OSHA definition of tasks and activities comprising exempted "scientific diving," and AAUS cannot relax the organizational requirements of an autonomous, peer diving control board and a dive safety manual for every exempt scientific diving program. But AAUS can and should define safe and healthful parameters for various modes of scientific diving activities. Indeed, if the experienced and expert standard-setters of AAUS decide that certain otherwise exempted nitrox diving, mixed-gas diving, rebreather diving, decompression diving or restricted-overhead diving is not safe or healthy for scientific divers, then AAUS may - and perhaps should adopt standards more restrictive than the broad parameters of the exemption expressed in the OSHA regulations. That responsibility derives from the trust and confidence OSHA placed in self-regulation when the exemption was granted. The "community" standards of AAUS also affect nonmember scientific diving programs. The common law of "negligence" imputes a duty of care on every scientific diving organization to conform to a specific standard of care and conduct for the protection of scientific divers39 against unreasonable risks of injury or death. Specialists are held to a higher duty of care than the ordinary public. Because scientific diving is a special occupational skill, the sponsoring organization is required to govern its programs with the same level of knowledge and skill exhibited by a member of the scientific diving profession in good standing in the same or similar communities. The most logical place for any judge and jury to look for this "community standard" of knowledge and skill is the national standards established by AAUS. Hence, non-member organizations must scrutinize AAUS standards carefully to ensure that their own non-conforming standards do not violate a basic common law "duty of care" in the scientific diving community. The law of negligence is actually far more complex than these few paragraphs can reflect. Particular circumstances always require focused legal analysis, and this paper cannot address all permutations and possibilities. The simple but important message here is that every scientific diving organization owes a "duty of care" which is defined by a "community standard," which in turn draws the attention of judge and jury to the AAUS national standards. Non-member organizations deviating from AAUS standards should consult an attorney to ensure that the differences in their diving safety manual do not fall below that legally required "community standard" for safe, healthful scientific diving activities.

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Note however that a point of legal tension exists between the concept of light diving for short durations, and the concept of long decompression or saturation diving. Again, individual circumstances must be analyzed to determine when the dive moves in law beyond "scientific diving" and into the penumbra of "commercial diving." 39 Injury of death of employee-divers will usually be governed by state worker compensation laws rather than the common law of negligence. But non-employee guest divers, volunteer divers and other non-employee divers participating in a scientific diving project will not be restricted to worker compensation laws and could sue the scientific diving organization for negligence resulting in injury or death. Non-employee property owners could sue for negligent damage to property. In joint dive projects, employee-divers of one scientific diving organization might sue the other organization in a third-party liability suit alleging negligence. Hicks III F

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APPENDIX I A WORKING LEGAL DEFINITION OF SCIENTIFIC DIVING Based on the language in the three subsections of the regulations,40 and on the discussion of OSHA's interpretation in the Supplemental Statement of Reasons,41 the author has developed the following legal definition of the OSHA exemption for "scientific diving." "Scientific diving" is a diving operation A. Performed by employees 1. who are scientists and scientists-in-training (without depending on fixed credentials for identification and for distinguishing from lay persons), and 2. who are capable of using and are in fact using scientific expertise, and 3. who are a. acting as observers of (i) natural phenomena or (ii) responses of natural systems, and/or b. acting as data gatherers, and 4. who are engaged in tasks of scientific analyses (as distinguished from mere maintenance, construction and trouble-shooting tasks usually and traditionally associated with commercial diving, such as placing or removing heavy objects underwater, inspection of pipelines and similar objects, construction, demolition, cutting or welding, or the use of explosives), and 5. who are generating non-proprietary information, data, knowledge or other work products available to the public for review within a reasonable time, and 6. who are diving solely (i.e., excluding mixed-purpose dives) as a necessary part of a scientific, research, or educational activity, and 7. who usually (with very few isolated exceptions) are using only simple tools and are diving with light tasks (i.e., not complex or demanding), for short durations; and B. Provided these employees are working under the direction and control of a diving program utilizing 1. a diving safety manual which minimally includes a. procedures for all diving operations specific to the program, b. procedures for emergency care including recompression an evacuation, and c.

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criteria for diver training and certification, and

29 CFR § 1910.401(a)(2)(iv); and 29 CFR § 1910.402; and Part 1910, Appendix B to subpart T. See also, the same regulations respectively at 29 CFR § 1926.1071(a)(2)(iv); and 29 CFR § 1926.1072; and Part 1926, Appendix B to Subpart Y. 41 Final Guidelines, Supplemental Statement of Reasons, 50 Fed. Reg. 1046-50, January 9, 1985.

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2. a diving control safety board a. with a majority membership comprised of scientists who are active divers, and b. which is constituted with peer review and autonomous and absolute authority over the operations of the scientific diving program, including the same degree of power and independence to (i) approve and monitor diving projects, (ii) review and revise the diving safety manual, (iii) assure compliance with the manual, (iv) certify the depths to which a diver has been trained, (v) take disciplinary action for unsafe practices and, (vi) assure adherence to the buddy system for scuba diving.

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Appendix IIIG

References

Florida Labor and Employment Security, Division of Safety Chapter 38I-20, F.A.C. adopted 29 CFR 1910 standards by reference as of July 1, 1993. NOAA Diving Manual. OSHA Regulations pertaining to diving operations: OSHA 29CFR 1910, Subpart T; Federal Register 50(6)1049. For further information, also see OSHA web site http://www.osha.gov. Standards For Scientific Diving Certification and Operation of Scientific Diving Programs, American Academy of Underwater Sciences, January 1996, February 2001. State of California Department of Fish and Game. Fish and Game Operations, Personnel, Safety, and Training, Diving Safety excerpt TL #087. September 1994. U.S. EPA Diving Program Operating (Safety) Manual October 1996 draft.

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