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(1) This standard applies to all diving operations: commercial, scientific, technical and agricultural which are conducted within the boundaries of the State as defined in Government Code Section 170 except in areas of exclusive Federal jurisdiction and the exceptions listed below. In addition, any diver involved in commercial diving operations shall comply with the requirements of Sections 6059 thru 6063 of these orders.
EXCEPTION: This standard does not apply to the following diving operations:
(A) Commercial diving operations under the jurisdiction of the U.S. Coast Guard which includes all commercial diving operations taking place offshore and from all vessels required to have a certificate of inspection issued by the Coast Guard.
(B) Diving operations performed solely for search, rescue, or related public safety purposes under the control of and performed by employees of a state or local governmental agency.
(C) Diving operations performed solely for instruction purposes, using open-circuit, compressed-air SCUBA and breathhold diving conducted within the no-decompression limits.
(D) Diving operations governed by 45 CFR Part 46 (Protection of Human Subjects, U.S. Department of Health, Education and Welfare), or equivalent rules or regulations established by another Federal agency, which regulate research, development, or related purposes involving human subjects.
(E) Scientific diving operations under the direction and control of a diving program containing at least the following elements:
1. 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.
2. 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.
(2) Deviations from this Standard.
(A) An employer may deviate from the requirements of this standard to the extent necessary to prevent or minimize a situation which is likely to cause death, serious physical harm, or major environmental damage, provided that the person-in-charge:
1. Notifies the Division within 48 hours of the onset of the emergency situation indicating the nature of the emergency and extent of the deviation from the prescribed regulations; and
2. Upon request from the Division, submits such information in writing.
NOTE: Authority cited: Section 142.3 Labor Code. Reference: Section 142.3, Labor Code.
1. New Group 26 (Article 152, Sections 6050-6061 and Appendix A) filed 7-26-78; effective thirtieth day thereafter (Register 78, No. 30).
2. Repealer of Article 152 (Sections 6050-6061 and Appendix A) filed 1-30-80; designated effective 6-29-80 (Register 80, No. 5).
3. New Article 152 (Sections 6050-6058) filed 1-30-80; designated effective 6-30-80 (Register 80, No. 5).
4. Reprinting of Article 152 to reflect operative dates (Register 80, No. 22).
5. Repealer of Article 152 (Sections 6050-6061 and Appendix A) redesignated effective 12-31-80 and new Article 152 (Sections 6050-6058) redesignated effective 1-1-81 filed 6-24-80 as an emergency; effective upon filing. Certificate of Compliance included (Register 80, No. 26).
6. Amendment filed 6-10-83; effective thirtieth day thereafter (Register 83, No. 24).
7. Amendment of subsection (a)(2) filed 12-8-86; effective thirtieth day thereafter (Register 86, No. 50).
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