First of all, my perspective is also the business owner's perspective. Second of all, the dive flag law is a Florida state law and third of all, how do you figure you're excluded from OSHA because you're the owner? Who do you think gets the fine? And lastly how, after all of this excellent explaining is it possible that you still don't understand that a Pompano dive boat conducting instruction or guiding for money is not regulated as a commercial diving operation by the coast guard but is by OSHA? How can this be? I mean, you've even posted the standards that make the point! For God's sake guys, there's us a rule in the OSHA Commercial Diving Standards specifically addressing this situation.
I'm gonna get ip, walk all the way over there, sit down at the real computer an walk you through this one more time, and after that I'm done with this. After that point operate under your own assumptions at your own peril.
---------- Post added November 28th, 2012 at 07:27 PM ----------
Okay, here we go. Tell me at which point I'm losing you guys.
A dive boat, an inspected vessel, operating off of the Florida coast in the Pompano are has an instructor teaching or guide guiding for money.
1. Is this activity regulated as commercial diving operation by the US Coast Guard? No Why... because although the vessel is inspected, the Coast Guard Diving regs exclude all recreational diving and instruction thereof from the regs. Do we agree so far?
2. Do the OSHA commercial diving regs, in the absence any other of federal commercial diving regulations, have jurisdiction in waters up to three miles from shore in the Pompano area? Yes. How about now?
3. Do the OSHA Regs define teaching or guiding for money within the jurisdiction of the OSHA commercial diving regs while breathing any mixture of gasses other than air as commercial diving? Yes. Are we still in agreement at this point?
If so, my work is done here. If not, like I said, identify the area of contention and I'll post the supporting documentation.
---------- Post added November 28th, 2012 at 07:33 PM ----------
I will definately say this discussion has been very interesting and informative especially with the information from Frank from the Dive Boat/owner's perspective. I had thought that the boats came under USCG jurisdiction, but didn't know that if they also had an office or dive shop on shore that OSHA/workers comp would apply. Would it be safe to assume that OSHA/worker comp would then only apply to the land based part of the operation and the boat USCG or what? --i'm just asking cause i'm curious and there are operators in south florida that have a land based op as well. (naming no names)
Whether or not there is a land based portion of the business doesn't matter at all to the commercial diving regs. Its a red herring.