Boat captain be considered the employer of divers if the captian had the power to exercise control over the divers.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
April 12, 1994
The Honorable William S. Cohen
United States Senate
Washington, D.C. 20515
Dear Senator Cohen:
This is in further response to your January 3rd letter regarding the applicability of the Occupational Safety and Health Administration's commercial diving standard to the sea harvest industry. This response also provides amplification to the letter sent to you on February 7th by Mr. John B. Miles, Jr., OSHA Regional Administrator, Region I.