OSHA's 29 CFR, Part 1910, Subpart T - Commercial Diving Operations, states that the qualifications of a dive team are:

1. Each dive team member shall have the experience or training to perform assigned tasks in a safe and healthful manner, and
2. Each dive team member shall have experience or training in the following:
   • The use of tools, equipment and systems relevant to assigned tasks;
   • Techniques of the assigned diving mode; and
   • Diving operations and emergency procedures.

1. Company 1 offers to furnish two scuba divers credentialed by one of the recreational agencies for $300.00.
2. Company 2 offers to furnish a dive team comprised of three persons who will use scuba. One of those persons is a commercially trained and experienced diver, one a recreationally trained scuba diver, and one other individual to act as an assistant (tender). Their quoted price is $600.00
3. Company 3 offers to furnish a dive team comprised of three trained and experienced commercial divers at a price of $900.00.

Which of these bids can be accepted? If it is left to the purchasing agent to make the decision it will, in all probability, be the first bid. If the purchasing agent has more than just a casual knowledge of commercial diving requirements, the second company would then be given consideration. But, in all probability the third bid would be rejected. Now, let's review which bid conforms to the federal requirements of 29 CFR.

The offer of Company 1 cannot be accepted for several reasons. Essentially all recreational training and credentialing agencies have specifically stated that, in the absence of additional formal training in commercial diving, recreationally trained individuals are not qualified to conduct commercial diving operations. Refer to www.adc-usa.org (News and Events - Important Letters - PADI, NAUI, YMCA).

Also, 29 CFR specifically requires a commercial dive team to be comprised of a minimum of three persons with the proper training and experience to conduct their assigned tasks. Refer to www.adc-usa.org (News and Events - Important Letters - OSHA Letter 10/29/98).

The offer of Company 2 likewise cannot be accepted for the same reasons as stated above.

Company 3's is the only bid that can be accepted as being in accordance with 29 CFR.

What, then, does 29 CFR consider as the requirements for an employer to be in compliance with that federal regulation? Again, refer to www.adc-usa.org (News and Events - Important Letters - OSHA recognizes ADC Commercial Diving Certification Cards): "OSHA considers an employer to be in compliance if documentation shows that the diver completed training to the appropriate level (e.g., surface-supplied air diver certificate, surface-supplied mixed gas diver certificate at a commercial diving school within a particular state, military school, federal school (e.g., Army Corps of Engineers), or an Association of Commercial Diving Educators (ACDE) accredited school. An employer is also in compliance when documented evidence attests to the training level of employed divers under the national consensus standard published by the American National Standards Institute (ANSI) and the Association of Commercial Diving Educators (ACDE); ANSI/ACDE-01-1998 American National Standard for Divers - Commercial Diving Training - Minimum Standard.

"There are no commercial diver licensing programs in the United States. However, there is a commercial diver certification card which is issued through the Association of Diving Contractors International (ADC). OSHA considers an employer to be in compliance with 29 CFR Part 1910.410 diver training requirements for any employed diver with a valid ADC Commercial Diver Certification Card for the appropriate training level."

The Standard is Clear
It is therefore quite evident as to what the requirements are for members of a dive team! Even the often referred-to "tender" on a dive team must possess that level of training that will permit that individual to meet the requirements of 29 CFR Part 1910.410. Merely because the tender is considered a helper/apprentice/assistant and might not be scheduled into the dive rotation does not permit the contracting party to waive federal regulations relating to the proper training and experience required to be considered a member of the dive team.

The ADC Consensus Standards for Commercial Diving Operations furnishes an excellent guide for all companies regarding requirements for the conduct of safe operations. Users of commercial diving services are encouraged to obtain a copy of this document and to ensure that personnel responsible for planning work involving commercial diving operations are familiar with the contents. The Consensus Standards also contains 29 CFR as an appendix for reference purposes.

This article is intended to offer guidance to those who are uncertain regarding what is necessary for the conduct of commercial diving operations in compliance with current federal regulations. There are no short cuts, nor is there justification for accepting a low bid that offers fewer, inadequately trained, or less experienced personnel.