Wookie
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I'm going to propose something here. I will propose that the required crew of an inspected vessel (Captain, Mate if away from the shoreside facility more than 24 hours, and the required deckhands) are considered seamen by the Coast Guard, and are therefore exempt from OSHA while acting in that capacity. The trouble comes when the dive ship owner places the DM/instructor in the capacity of deckhand on the vessel, making the person filling the position beholden to the Coast Guard, but also filling the capacity of instructor or guide, therefore making that person beholden to OSHA. You see, Kevin, I won't argue that a South Florida dive guide/instructor is not subject to OSHA, they are. Unless acting in the capacity of deckhand on an inspected vessel. If you are making your DM fill the role of Deckhand for the purpose of meeting your COI, you are making that individual answer to 2 masters, which is impossible, because one premepts the other, depending on the situation.
But that's not what this thread is about. Referring back to the title, "Why a Dive Charter is a Commercial Dive Boat.", by definition, it isn't. A dive charter is an inspected passenger vessel, a commercial dive boat is an inspected Oilfield Supply Vessel. It's a definition. You can't argue it.
I have to show the Coast Guard every year that I have a written training program for my Deckhands, because Divemaster is not a recognized term that the Coast Guard uses. I have such a program. To be clear, while on dive charter, a deckhand must be a Divemaster as a prerequisite for the training, on non diving charters, the deckhand must only complete the Spree specific training, without regard to diving certification. On research charters, we do not provide Divemasters, only Deckhands, a coast guard recognized term for staff of an inspected passenger vessel.
The Coast Guard has told me verbally (Sector Key West) that I may not allow my deckhands off the boat below minimum manning while on charter. That means that if you are using a Divemaster to fill the role of deckhand and that Divemaster is guiding the dive leaving only the master onboard during the dive, you are in violation of your COI. I'll bet that happens every day in Boynton Beach. It has on every inspected vessel I've ever ridden on from Key West to West Palm....
---------- Post added November 29th, 2012 at 03:22 PM ----------
The Coast Guard uses a term "in service to the vessel". If I send a deckhand to Ace Hardware to get a pipe fitting for the bilge system, the deckhand is in service to the vessel, and therefore under CG jurisdiction. If he gets in an auto accident, I have to report it to the CG. If he gets the nipple and stops for lunch and is mugged, he is not in service to the vessel, and no report is required.
In neither case do I need to fill out the OSHA 200 log. OSHA accepts CG-2962 reports in lieu of OSHA 200 reports, btw.
But that's not what this thread is about. Referring back to the title, "Why a Dive Charter is a Commercial Dive Boat.", by definition, it isn't. A dive charter is an inspected passenger vessel, a commercial dive boat is an inspected Oilfield Supply Vessel. It's a definition. You can't argue it.
I have to show the Coast Guard every year that I have a written training program for my Deckhands, because Divemaster is not a recognized term that the Coast Guard uses. I have such a program. To be clear, while on dive charter, a deckhand must be a Divemaster as a prerequisite for the training, on non diving charters, the deckhand must only complete the Spree specific training, without regard to diving certification. On research charters, we do not provide Divemasters, only Deckhands, a coast guard recognized term for staff of an inspected passenger vessel.
The Coast Guard has told me verbally (Sector Key West) that I may not allow my deckhands off the boat below minimum manning while on charter. That means that if you are using a Divemaster to fill the role of deckhand and that Divemaster is guiding the dive leaving only the master onboard during the dive, you are in violation of your COI. I'll bet that happens every day in Boynton Beach. It has on every inspected vessel I've ever ridden on from Key West to West Palm....
---------- Post added November 29th, 2012 at 03:22 PM ----------
From your quote, however, it would seem that a seaman is no longer under USCG jurisdiction when they are no longer on an inspected vessel. They may remain a seaman, but if they trip over an extension cord in the office on land, and suffer an injury, would not OSHA investigate?
This seems to go along with Wookie's comment about only having shipboard operations, and nothing land based. This keeps it clean and simple.
The Coast Guard uses a term "in service to the vessel". If I send a deckhand to Ace Hardware to get a pipe fitting for the bilge system, the deckhand is in service to the vessel, and therefore under CG jurisdiction. If he gets in an auto accident, I have to report it to the CG. If he gets the nipple and stops for lunch and is mugged, he is not in service to the vessel, and no report is required.
In neither case do I need to fill out the OSHA 200 log. OSHA accepts CG-2962 reports in lieu of OSHA 200 reports, btw.