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Date: Wed, 6 Aug 1997 10:15:59 -0400 (EDT)
From: Roderick Farb <rfarb@em*.un*.ed*>
To: DIERCOFF@AI*.NE*
cc: techdiver@aquanaut.com
Subject: Re: Weenies in N.C. - Final Say-So
To put it in perspective, the United States has the most "hands-off" 
policy when it comes to scuba/rebreather diving of any country in the
western world. It should stay that way. For example, Ontario Regulation
629/94 Diving Operations, which regulates all diving activities in the
Province of Ontario, is being implemented as the model regs. for all of
Canada regarding diving. The regulation applies to any diving operation
and any function in support of a diving operation. It does not apply to
TRAINING people for recreational diving, snorkling equipment and emergency
underwater rescue. - If these regulations were implemented AND ENFORCED in
the US, much of the sport diving being done today would be prohibited. The
Canadian recreation scuba industry obtained an exemption to 629/94 for
diving within recreational diving limits. In France, scuba diving using
helium mixes is not permitted, only surface supply. Australian diving
regulations are tough and would prohibit much of the non-recreational
dives being done in the U.S. The U.S. recreational agencies operates under
an exemption to the OSHA diving regulations as long as they are carried
out under certain strict guidelines. The guidelines are passed down
through the certifying agencies as instructor manuals which are written in
a specific manner to comply with the OSHA-exemption. In order to maintain
this relatively hands-off policy by the U.S., non-recreational diving
interests like cave divng and so-called technical diving created
certifying agencies to self-regulate these industries.  As stupid and
illogical as some of their policies may be- the pretense of
self-regulation among the non-recreational diving community is the only
barrier between doing-your-own-thing-diving- which we enjoy to a certain
degree now- and diving under OSHA guidelines which we would despise.  In
35 years of diving, I've seen it go from no certifying agencies to the
incredible bullshit of today. But, what I have seen outside the U.S. in
terms of what kind of diving you can do with little or no restriction,
makes me appreciate that it has only gone so far in the U.S. I am a
private citizen who can obtain oxygen and helium and argon easily; I can
use my Haskel to pump it into anything I want, anytime. And I can breathe
the gas at any depth I choose in waters accessible from most U.S. harbors.
This would be unheard of in many other countries of the world. I know it
is hard to see a silver lining when your dive day starts off bad, but you
could have all the gas you needed that day and ended up on a charter where
they promise to take you to a primo wreck and end up dumping you on a
piece of shit.  Rod



  On
Wed, 6 Aug 1997, Randal Diercoff wrote: 

> 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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