The proposed changes, published in the Federal Register (January 10, 2003), would allow these particular divers the opportunity to use nitrox breathing gas under specified conditions, thereby making a decompression chamber near the dive site unnecessary.

The changes impact recreational divers who rely on self-contained underwater breathing apparatus (scuba) and dive at depths of 130 feet (39m) or less. The revision does not change requirements for commercial divers, who do not regularly use scuba gear due to the nature of their work and the length of time they must spend underwater.

"The diving industry has developed innovative diving methods and procedures that have helped prevent and treat diving accidents such as decompression sickness and embolism," said OSHA Administrator John Henshaw. "By relieving many of the industry's employers of an unnecessary regulatory requirement, we believe our proposed revision will help them focus even more on the safety and health of their workers."

In nitrox diving, a mixture of oxygen and nitrogen gases replaces compressed air as the breathing gas. The partial pressure of nitrogen (the gas that causes decompression sickness) in the gas mixture is lower than compressed air, and that lower pressure allows the diver to remain longer at specified depths without developing decompression sickness or embolism upon surfacing.

OSHA is basing its proposal on a variance granted to Florida-based Dixie Divers in 1999 that exempted the company from OSHA's decompression-chamber requirements for recreational diving instructors and diving guides, under the same conditions mentioned above. The proposal will incorporate the terms and conditions of that variance into the standard itself.

Comments on the proposed revisions must be submitted by Apr. 10, 2003. To submit comments, send three copies and attachments to the OSHA Docket Office, Docket No. S-550, Room N2625, US Department of Labor, 200 Constitution Ave. NW, Washington, DC, 20210. You may also fax comments (10 pages or fewer) to OSHA's Docket Office at 202-693-1648 (include the docket number). Comments can also be submitted at http://ecomments.osha.gov. For more information on the proposed changes, call the Docket Office at 202-693-2350.

ADC's Ross Saxon Comments on OSHA's Proposed Changes
Although it is certainly gratifying to see that OSHA is addressing the Commercial Diving Regulations of 29 CFR, Part 1910, one must wonder why? In fact, the regulations being addressed are with respect to the recreational diving industry, notwithstanding that the commercial diving industry (for which the 1977 regulations were originally drafted) has been attempting to move these regulations through the regulatory reform process for nearly a decade.

What does this say? Simply that political clout and deep pockets can create a climate for reform that a dedicated approach to working within the system cannot!

ADC has asked OSHA to respond to the question, "Will comments submitted from the commercial diving industry be considered in this effort to make a previously issued variance for recreational diving equally applicable for commercial diving?" At this time, the jury is still out, but it seems doubtful that our industry will be recognized as a stakeholder in this action.

Why is this of interest to the commercial diving community? Simply because, under the commercial diving regulations, the use of Nitrox (enriched air) is considered mixed-gas diving and, as such, a decompression chamber and mixed-gas diving procedures are required. To provide the recreational industry relief from these requirements while continuing to ignore the beneficial safety aspects associated with the use of Nitrox for commercial diving activity is ludicrous! OSHA has apparently elected to continue to ignore the commercial diving industry, even though last year ADC was presented the first Certificate of Exceptional Leadership and Achievement ever awarded an industry trade organization for our continued contributions to diving safety.

It is frankly amazing that OSHA refuses to take the commercial diving regulations contained in 29 CFR through the often requested regulatory reform process - preferably by negotiated rule-making - while at the same time catering to the recreational industry through these actions. UW