1910.440(a)(1)[Reserved]
1910.440(a)(2)The employer 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, specifying the circumstances of the incident and the extent of any injuries or
illnesses.
1910.440(b)Availability of records.
1910.440(b)(1)Upon the request of the Assistant Secretary of Labor for Occupational Safety and Health, or the
Director, National Institute for Occupational Safety and Health, Department of Health and Human Services of their designees, the employer shall make
available for inspection and copying any record or document required by this standard.
1910.440(b)(2)Records and documents required by this standard shall be provided upon request to employees,
designated representatives, and the Assistant Secretary in accordance with 29 CFR 1910.1020 (a)-(e) and (g)-
1910.440(b)(2)(i) Safe practices manuals (1910.420), depth-time profiles (1910.422), recordings of dives
(1910.423), decompression procedure assessment evaluations (1910.423), and records of hospitalizations (1910.440) shall be provided in the same manner
as employee exposure records or analyses using exposure or medical records. Equipment inspections and testing records which pertain to employees
(1910.430) shall also be provided upon request to employees and their designated representatives.
1910.440(b)(3)Records and documents required by this standard shall be retained by the employer for the following
period:
1910.440(b)(3)(i)Dive team member medical records (physician's reports) (1910.411) - 5 years;
1910.440(b)(3)(ii)Safe practices manual (1910.420) - current document only;
1910.440(b)(3)(iii)Depth-time profile (1910.422) - until completion of the recording of dive, or until completion
of decompression procedure assessment where there has been an incident of decompression sickness;
1910.440(b)(3)(iv)Recording of dive (1910.423) - 1 year, except 5 years where there has been an incident of
decompression sickness;
1910.440(b)(3)(v)Decompression procedure assessment evaluations (1910.423) - 5 years;
1910.440(b)(3)(vi)Equipment inspections and testing records (1910.430) - current entry or tag, or until equipment
is withdrawn from service;
1910.440(b)(3)(vii)Records of hospitalizations (1910.440) - 5 years.
1910.440(b)(4)After the expiration of the retention period of any record required to be kept for five (5) years,
the employer shall forward such records to the National Institute for Occupational Safety and Health, Department of Health and Human Services. The
employer shall also comply with any additional requirements set forth at 29 CFR 1910.20(h).
1910.440(b)(5)In the event the employer ceases to do business:
1910.440(b)(5)(i)The successor employer shall receive and retain all dive and employee medical records required by
this standard; or
1910.440(b)(5)(ii)If there is no successor employer, dive and employee medical records shall be forwarded to the
National Institute for Occupational Safety and Health, Department of Health and Human Services.
[42 FR 37668, July 22, 1977, as amended at 45 FR 35281, May 23, 1980; 47 FR 14706, Apr. 6, 1982; 51 FR 34562, Sept. 29, 1986; 61 FR 5507, Feb. 13, 1996; 61 FR 9227, March 7, 1996; 71 FR 16672, April 3, 2006]
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