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From: "Randal Diercoff" <diercoff@ma*.ai*.ne*>
To: techdiver@aquanaut.com
Date: Wed, 6 Aug 1997 06:34:53 +0000
Subject: Weenies in N.C. - Final Say-So
To all of you who think that its the agencies fault, Tom Mounts 
fault, or Mother Teresa's fault:

ITS NONE OF THE ABOVE!!!!!!!  ITS FEDERAL LAW!!!!!!!!!!!!!!!!!!!!

I'm an OSHA inspector and that tank once its brought into the store 
and given to an employee, its covered under OSHA regulations.  There 
are an incredible amount of regulations covering the handling of that 
tank.  Hazardous training, labeling, etc. By the letter of the law
 and due to chain of custody, that shop has the 
right to drain empty every tank that comes in to guarantee the 
contents.  When they hand you back that tank, they are liable for the 
contents even if you have "stealth" filled it with O2, helium, or car 
exhaust.  I've been told by one person on this, "Well if I don't tell 
them what's in the tank, they aren't liable"........BULLSHIT.  Once 
its handed in to be filled, they are liable from the OSHA standards 
because that filler is an employee.  I know, "Well if I fill it at 
the shop..........", no because you are acting as a "independent 
contractor" which makes you an employee and as such you will have 
needed "Hazardous Training in the Use of Compressed Gas Cylinders"; 
training that is to be updated, by law, every six months.

Dealing with OSHA, I know that there are tons of goofy laws out 
there, HOWEVER, ITS STILL THE LAW!!!!!!!  Presently, there are 78 
pages of OSHA regs that cover SCUBA and if we aren't careful, these 
laws will be enforced and SCUBA could come to a screaching halt.  One 
of the first lines in the OSHA regs says "The teaching and use of 
compressed air recreational diving is not covered by these regs."  Nitrox is 
covered, wreck and cave diving is covered, diving deeper than 130 fsw 
is covered, rebreathers is covered.  Guys, its a pain in the ass yes, 
but just follow the rules and it won't be a problem.


Randy
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