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Date: Mon, 11 Aug 1997 08:37:55 -0400
From: "Levin P. Dutton" <lpdutton@wi*.co*>
To: Bill Bott <aquadart@ix*.ne*.co*>
CC: rducsh@er*.co*, tech Divers List <Techdiver@aquanaut.com>
Subject: Re: NC Weenies
Bill Bott wrote:
> 
> Dear Clueless@er*.co*,
> 
> Are you telling me that if the store does not own the tank then the tank
> does not need a hydro every five years???  Where the fuck did you come
> from.  The DOT codes make no such distinction   I want to know who is
> filling tanks without a current hydro.  And why you would use them?  Tanks
> DO fail!!!  Ask Joe at Ocean Diving!!
> 
> OSHA does not make any distinctions with regard to ownership either.  If
> money, goods or any service of value is exchanged as a result of filling a
> tank you have conducted business.  You then fall under OSHA regs.
> 
> Let me give you some examples (it's obvious someone needs to hold your hand
> for this one):
> 
> 1.      I buy a tank of compressed He & a tank of O2 from a gas supplier, the
> gas supplier MUST comply whit OSHA regs.
> 
> 2.      I then take that gas home where I blend a 15/40 Tri-Mix for myself.  I
> am NOT compelled to adhere to OSHA regs (no "business" was conducted)
> 
> 3.      My friend Phil comes over and I mix him a 15/40 Tri-Mix so that we can
> dive the same mix on our dive together.  Because I like Phil (he lets me
> stay at his cabin several times a year) I don't charge him for the gases or
> my time to mix his gas.  I am NOT compelled to adhere to OSHA regs (no
> "business" was conducted).
> 
> 4.      Frank gets his tanks filled with 15/40 so that he too can dive the
> same gas on our dive together.  Frank is a Coast Guard licensed Capt. And
> runs the charter boat we will be diving from.  In exchange for the boat
> ride I fill Frank’ tanks.  Business WAS conducted.  I MUST COMPLY with OSHA
> regs.
> 
> 5       Bart is also diving with us But I don’t owe Bart anything (he is
Paul’s
> friend but Paul is gone to Europe for six weeks and won’t be there)  I
> charge Bart for the gases used to mix his gas. Business WAS conducted.  I
> MUST COMPLY with OSHA regs.
> 
> Can you see the difference between each of these cases and why OSHA is
> involved in some but not others?  Do you need more help with this i.e. an
> explanation as to why Frank, Bart and the gas supplier were business deals
> and why my and Phil’s fill were NOT?  Do you need me to relight the joint
> you were smoking when you wrote the last post to me?
> 
> At 07:03 PM 8/8/97 -0400, you wrote:
> >Bill Bott wrote:
> >>
> >> RD,
> >>
> >> OSHA regs.  I'll look up the code if you need it.  Private individuals
> >> (nonbusiness) are not covered by there regs.
> >
> >       Bill ,
> >Thats my point the OSHA, DOT regs regarding pressure vessels (scuba)
> >do not apply to privatly owned cylinders , if a dive shop ownes
> >there own cylinders and are renting them out to the puplic then they
> >must follow the regs.(tanks clean, hydro every five years ect.)
> > but if i bring a cylinder in for filling those regs those regs do not
> >apply....RD
> >
> 
> Bill (aquadart) Bott
> --
> Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
> Send list subscription requests to `techdiver-request@aquanaut.com'.

  Other than OSHA, the DOT regulations can apply to materials / items
that are not carried over the public highways in "commerce." In
Virginia, they adopted all of the US DOT regulations (the 49-series
CFRs), but deleted the two words "in commerce" from them.

  That includes hazmat transport / handling training, shipping papers,
manifests, etc. Of course, they don't really look are non-commercial
vehicles that much, but create a hazmat incident on the highway with
materials that are not usually associated with a privately owned
vehicle, grad your wallet / checkbook cause you will probably be paying
fines and any clean-up costs.

L.P. Dutton
(HazMat Specialist in Va)
--
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