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David -

Thanks for taking the time to pull the relevant OSHA sections and post 
them together coherently. All this OSHA-variance hysteria has been 
pissing me off but I haven't had the time to check the law and clear up 
the confusion.

As you correctly pointed out about the OSHA regs:

1) None of it applies to dive instructors who are independent contractors 
and *not* employees of dive shops.

2) None of it applies to rebreather manufacturers and will have no effect 
on rebreather production.

3) None of it applies to training agencies who are not the direct 
employers of instructors;  

4) None of it applies to dive shops for the sale of equipment or charter 
boat operators; and 

5) None of it applies to individual tech divers or dive clubs or 
organizations like the WKPP who don't have employees.

What they do apply to are instructors who are actually employed by dive 
shops -- the guys who get W-2s at the end of the year, not 1099s -- but 
not to their students.  

Given that, it makes sense that Dixie Divers -- which directly employs 
instructors -- is looking to get a variance for their non-recreational 
dive courses.  And I agree that other shops can probably hitch a ride on 
the Dixie Divers variance or get their own since the ground has already 
been broken.  However, what is *really* needed is for the industry 
leaders like DEMA, IANTD, PADI, NAUI, and others to get together and 
hammer out a uniform variance to cover the whole rec-tech industry and 
use their clout to push that through -- or -- failing that -- to put 
together a do-it-yourself variance application kit for individual shops 
to use.

Best -

Bill


>----------
>> 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. 
>


Best Regards --

Bill

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