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This is a multi-part message in MIME format. ------=_NextPart_000_01BD187A.21F7B300 Content-Type: text/plain; charset=ISO-8859-1 Content-Transfer-Encoding: 7bit ---------- > From: G. Irvine <gmirvine@sa*.ne*> > How about this, then: the 170 crap and the persistant insistance by you > morons on the deep air issue is why you are about to get axed all the > way out, and become uninsurable. Wake up, find out what you are talking > about, and try to make sense. You have utterly no idea or clue what you > are talking about. George, I was going to respond when this thread came up before but it died down before I had a chance. You're right (suprise suprise) these folks don't have a clue! >From the CURRENT OSHA regs pertaining to the business of diving: "(a)(1) This subpart (standard) applies to every place of EMPLOYMENT within the waters of the United States, or within any State........" OSHA only has jurisdiction over the activities of businesses who EMPLOY others. It has no jurisdiction over idependent instructors or others who are self-employed. Consequently the WKPP and other volunteer activities are not covered and do not have to comply. The current OSHA regs further state that : "(a)(2) This standard applies to diving and related support operations conducted in connection with all types of work and employments, including general industry, construction, ship repairing, shipbuilding, shipbreaking and longshoring. However, this standard does not apply to any diving operation: (a)(2)(i) Performed solely for instructional purposes, using open-circuit, compressed-air SCUBA and conducted within the no-decompression limits;" Paragragph "(a)(2)(i)" is the exclusion that the recreational diving industry got OSHA to agree to when these regulations were enacted in the late 70's under the Carter Administration. Those of you who were active instructors as I was at that time, probably can recall the terror that swept through the recreational dive industry when these provisions were being discussed. It was beleived that they would put an end to dive instruction - and they would have, at least instuction by employees of any company. If you reed the OSHA regs which can be found at http://www.osha-slc.gov/OshStd_toc/OSHA_Std_toc_1910_SUBPART_T.html you will see that it would be almost impossible for any small business to comply with the regulations. Since that time dive instruction has wandered into training areas which are covered by OSHA, i.e. breathing medium other than air (nitrox/trimix/heliox) decompression diving. What is happening here is that Dixie Divers, apparently a dive operation of some size, realizing that they are currently prohibited by OSHA regulations from having their EMPLOYEES teach nitrox, trimix, decompression diving, deep air or similar courses which are outside of the no-decompression limit, are seeking permission from OSHA for a variance from the CURRENT regulations. Please note this variance will NOT make things more difficult for instuctional opperations, they will probably make them easier in that they can probably piggy-back on Dixie Divers' variance. Currently any diving instruction opperation which has EMPLOYEES teach a course of instruction which uses something other than open-circuit, compressed-air SCUBA or involves decompression diving is in violation of OSHA regulations. I don't have the vaguest idea what the fines or penalties for non-compliance are but given the federal government's propensity for dumping on the little guy, I would guess that they are significant. Any self-employed independant instructor is not bound by OSHA regulations as they only apply to activities of the EMPLOYEES. ------=_NextPart_000_01BD187A.21F7B300 Content-Type: text/html; charset=ISO-8859-1 Content-Transfer-Encoding: quoted-printable <html><head></head><BODY bgcolor=3D"#A6CAF0"><p><font size=3D2 = color=3D"#000000" face=3D"Arial">----------<br>> From: G. Irvine = <<font color=3D"#0000FF"><u>gmirvine@sa*.ne*</u><font = color=3D"#000000">><br><br>> How about this, then: the 170 = crap and the persistant insistance by you<br>> morons on the deep air = issue is why you are about to get axed all the<br>> way out, and = become uninsurable. Wake up, find out what you are talking<br>> = about, and try to make sense. You have utterly no idea or clue what = you<br>> are talking about.<br><br><br>George,<br><br>I was going to = respond when this thread came up before but it died down before I had a = chance.<br><br>You're right (suprise suprise) these folks don't have a = clue!<br><br>From the CURRENT OSHA regs pertaining to the business of = diving:<br><br>"(a)(1)<br><br>This subpart (standard) applies to = every place of EMPLOYMENT within the waters of the United States, or = within any State........"<br><br>OSHA only has jurisdiction over = the activities of businesses who EMPLOY others. It has no = jurisdiction over idependent instructors or others who are = self-employed. Consequently the WKPP and other volunteer = activities are not covered and do not have to comply.<br><br>The current = OSHA regs further state that :<br><br>"(a)(2)<br><br>This standard = applies to diving and related support operations conducted in connection = with all types of work and employments, including general industry, = construction, ship repairing, shipbuilding, shipbreaking and = longshoring. However, this standard does not apply to any diving = operation:<br><br>(a)(2)(i)<br><br>Performed solely for instructional = purposes, using open-circuit, compressed-air SCUBA and conducted within = the no-decompression limits;"<br><br>Paragragph = "(a)(2)(i)" is the exclusion that the recreational diving = industry got OSHA to agree to when these regulations were enacted in the = late 70's under the Carter Administration. Those of you who were = active instructors as I was at that time, probably can recall the terror = that swept through the recreational dive industry when these provisions = were being discussed. It was beleived that they would put an end = to dive instruction - and they would have, at least instuction by = employees of any company.<br><br>If you reed the OSHA regs which can be = found at<br><br><font = color=3D"#0000FF"><u>http://www.osha-slc.gov/OshStd_toc/OSHA_Std_toc_1910= _SUBPART_T.html</u><font color=3D"#000000"><br><br>you will see that it = would be almost impossible for any small business to comply with the = regulations.<br><br>Since that time dive instruction has wandered into = training areas which are covered by OSHA, i.e. breathing medium other = than air (nitrox/trimix/heliox) decompression diving. What is = happening here is that Dixie Divers, apparently a dive operation of some = size, realizing that they are currently prohibited by OSHA regulations = from having their EMPLOYEES teach nitrox, trimix, decompression diving, = deep air or similar courses which are outside of the no-decompression = limit, are seeking permission from OSHA for a variance from the CURRENT = regulations.<br><br>Please note this variance will NOT make things more = difficult for instuctional opperations, they will probably make them = easier in that they can probably piggy-back on Dixie Divers' variance. = <br><br>Currently any diving instruction = opperation which has EMPLOYEES teach a course of instruction which uses = something other than open-circuit, compressed-air SCUBA or involves = decompression diving is in violation of OSHA regulations. I don't = have the vaguest idea what the fines or penalties for non-compliance are = but given the federal government's propensity for dumping on the little = guy, I would guess that they are significant.<br><br>Any self-employed = independant instructor is not bound by OSHA regulations as they only = apply to activities of the EMPLOYEES. </p> </font></font></font></font></font></body></html> ------=_NextPart_000_01BD187A.21F7B300-- -- Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
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