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Next time i spill a bottle of trimix on the interstate
i'll let you know...RD



Levin P. Dutton wrote:
> 
> 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)
> --
> Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
> Send list subscription requests to `techdiver-request@aquanaut.com'.
--
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