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29 C.F.R. § 1910.440   Recordkeeping requirements.

Title 29 - Labor

Title 29: Labor
PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart T—Commercial Diving Operations
Recordkeeping

§ 1910.440   Recordkeeping requirements.

(a)(1) [Reserved]

(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.

(b) Availability of records. (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.

(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)–(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.

(3) Records and documents required by this standard shall be retained by the employer for the following period:

(i) Dive team member medical records (physician's reports) (§1910.411)—5 years;

(ii) Safe practices manual (§1910.420)—current document only;

(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;

(iv) Recording of dive (§1910.423)—1 year, except 5 years where there has been an incident of decompression sickness;

(v) Decompression procedure assessment evaluations (§1910.423)—5 years;

(vi) Equipment inspections and testing records (§1910.430)—current entry or tag, or until equipment is withdrawn from service;

(vii) Records of hospitalizations (§1910.440)—5 years.

(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).

(5) In the event the employer ceases to do business:

(i) The successor employer shall receive and retain all dive and employee medical records required by this standard; or

(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 9242, Mar. 7, 1996; 71 FR 16672, Apr. 3, 2006]