OSHA amendment to commercial

[runvus4]

On a quick read:

I think that outlines that all dive instructors on open circuit cannot exceed EAN40 or PO2 of 1.4. All dive instructors in general cannot use tri-mix, cannot dive below 130FSW and will now either have to use a J-valve "reserve" system, or carry some form of bailout bottle when diving with Nitrox. Instructors will also have to to dive according to NDL NOAA charts, computer or no computer.

 

[Genesis]

If this is truly new, then have all the dive shops been breaking the law up until now?

And what's with the oilless compressor requirement that seems to be in there? That could be SEVERELY bad for shops, since nearly all are oil-lubricated - even when used for Nitrox - and with proper filters this is perfectly ok!

I'm confused as to exactly what category of diving this rule modifies or creates - it can't be basic recreational instruction.

 

[MikeFerrara]

Genesis once bubbled...
If this is truly new, then have all the dive shops been breaking the law up until now?

And what's with the oilless compressor requirement that seems to be in there? That could be SEVERELY bad for shops, since nearly all are oil-lubricated - even when used for Nitrox - and with proper filters this is perfectly ok!

I'm confused as to exactly what category of diving this rule modifies or creates - it can't be basic recreational instruction.

Yes. but only if you employ other instructors and I don't. Also I don't believe that this would apply to Sub contractors and...when another instructor teaches for me that's exactly what they are. And yes these regulations do cover recreational diving. Prior to the varience and the change there was ZERO destinction between a recreational diving employee and a commercial diving oporation.

Before the varience any shop or resort that had employees diving nitrox were in violation of OSHA standards unless there was a chamber on site. It was well publicized when the varience was isued a couple years ago. It stil appears there is no way out for teaching technical diving or trimix.

I really like the part about continuously monitoring air for hydrocarbons downstream from the filter.

OK folks Advanced nitrox just went up to $10,000 per student because we need to have a chamber on hand for the instructor who is exceeding the NDL and using 50% for deco. LOL Not to mention the booster we have to buy because we can't mix into his tank. And then there is the stuff we have to get from NASA or somewhere to continuously monitor the air for hydrocarbons.


Or...maybe I just don't ever erver have an employee who dives.

 

[Genesis]

The footnotes on the comments made were simply amazing.

I picked up on the "continuous monitoring" thing too. The air certificates you file quarterly aren't good enough?!

'Ya gotta wonder... I'm going to have to dig through the OSHA regs on dive shops and related things. This looks like a god-awful minefield in terms of the government's view.....

I never had a fight with OSHA, but we DID have their people show up at a couple of our sites unannounced a few times.

They're about as much fun as a tax audit.

 

[raybo]

Didn't wade through all of it, but been through enough of the secton on constuction to know the gist of the context.

Some in the construction industry has wormed around some of this stuff by never having "employees".

Independant subcontractors working for themselves have skated around OSHA to a certain extent. It's a fine line to walk, but it's done all the time.

IMHO, this agency has little common sense going for it. I've had a couple of them show up at jobsites. Not a lot of fun, even if you don't get a fine.

And they can ALWAYS find a viloation, no matter how concientious you are if they're so inclined.

Man, does this ever open a can of worms!

 

[Genesis]

They showed up on at one of my remotes on day, when we had only a tech there. Apparently they had come a number of times before, but nobody had been there (fancy that - the remotes are, well, remote - and don't normally have any staff at them!)

They were cool about what looked like a pretty normal business-style telco installation with power and equipment racks around, clucking about the relay racks bolted to the floor as they should be and such, until they came across the optical interface boxes.

They had very conspicuous warning labels on them.

See, inside there were optical terminations on which LASER transmission was taking place. Real lasers - the kind that are used by telcos and such to send signals many miles on fiber optic cable, and which will burn your eyeballs out in about a nanosecond if you get on the business end of an active one.

That set them off. They wanted to look INSIDE! The box was locked, and the tech did not have the key. So guess who got to drive out there? Yep...

They finally did go away, but gave EVERYTHING a once-over.

It doesn't surprise me that they're playing around with the diving biz (they are with just about every OTHER biz!) but it DOES surprise me that effectively all the shops out there have been running in blatent violation of their rules, and most still will be, even with this "waiver", in one way or another.

 

[runvus4]

Looking a little closer at the regs, there does seem to be some wiggle room.

Mixing of breathing gas by the employer.

Under this proposed condition, when employers prepare the breathing-gas mixture, they must: (i) Ensure that properly trained personnel mix nitrox breathing gases, and that nitrogen is the only inert gas used in the breathing-gas mixture; and (ii) ensure that they mix the appropriate breathing-gas mixture before delivering it to the breathing-gas cylinders, using the continuous-flow or partial-pressure mixing techniques specified in the 2001 NOAA Diving Manual, or using a filter-membrane system. This provision would provide quality control over the mixing process, so that the breathing-gas mixture contains the correct proportions of 02 and diluent gas (i.e., air or nitrogen). It also limits the diluent gas to air or nitrogen because OSHA believes that not enough information is available on other inert diluent gases (e.g., helium, argon, neon, hydrogen) or on trimix (three gas) breathing-gas mixtures to ensure the health and safety of divers under the diving conditions specified by this proposal.

This proposed condition also states a general requirement that mixing processes produce the proper proportions of 02 and diluent gas prior to filling the SCUBA cylinders; this requirement would provide assurance that the divers' breathing-gas mixtures are correct and safe for use. In addition, it specifies that employers must select from among several mixing techniques commonly used and accepted by the diving industry. These techniques include the use of a "filter-membrane system," a recently developed mixing technique that de-nitrogenates air (i.e., removes nitrogen from air using a filter membrane).(7) After reviewing the technical literature available for this mixing system, the Agency believes that filter-membrane systems, which are commercially available from several manufacturers, would reduce the hazards associated with producing high-02 breathing-gas mixtures (e.g., fire, explosion) because the proportion of 02 in these systems never exceeds 40% by volume.

You have to either bank whatever gas you fill your tanks with, or be able to get the right PO2 out of the fill whip. I don't know where they got the idea from section (c) that:

OSHA believes that many employers covered by this proposal purchase breathing-gas mixtures commercially.

because newsflash to them, dive shops/resorts usually don't buy gas commercially.

Oil-lubricated compressors

Before an employer produces nitrox breathing-gas mixtures using an oil-lubricated compressor to mix high-pressure air with 02, and regardless of the gas pressure in any system component, this proposed condition requires that the employer: (i) Have the compressor manufacturer certify in writing that the compressor is suitable for mixing the high-pressure air with the highest 02 fraction used in the nitrox breathing-gas mixture; (ii) filter the high-pressure air to produce 02-compatible air; (iii) have the filter-system manufacturer certify in writing that the filter system used for this purpose is suitable for producing 02-compatible air; (iv) continuously monitor the air downstream from the filter for hydrocarbon contamination; and (v) use only uncontaminated air (i.e., air containing no hydrocarbon particulates) for the nitrox breathing-gas mixture.

Well, no idea on the continuously monitor air for hydrocarbons bit, but everything else with the oil-lubricated compressors seems not out of the ordinary.

Bail-out system

For emergencies involving SCUBA malfunctions that could endanger diver health and safety (e.g., high CO2 levels), proposed condition 7(a) requires employers to equip their divers with a reliable emergency-egress system (i.e., a "bail-out system").

Would indicate to me that for situations where you can make a safe emergency ascent should the source of gas fail, you don't need a bailout bottle. Since they only allow NDL diving, you would only need the bailout bottle for hard overhead situations. I have no idea how a J valve is supposed to be equivilant to a bailout bottle in that circumstance...

Availability of medical resources

This proposed condition requires that employers, prior to beginning diving operations each day, ensure that: (i) A hospital, qualified health-care professionals, and the nearest Coast Guard Coordination Center (or an equivalent rescue service operated by a State, county, or municipal agency) are available for diving-related medical emergencies; (ii) each dive site has a means to alert these treatment resources in a timely manner when a diving-related medical emergency occurs; and (iii) transportation to a suitable decompression chamber is readily available when no decompression chamber is at the dive site, and that this transportation can deliver the injured diver to the decompression chamber within two hours travel time from the dive site.

You do not have to provide the transportation yourself. If you are at a location where EMS or the Coastguard can provide 2 hour response/transport time, then it looks like you are coverd as long as you call them and the hospitals each day you go out to dive to make sure that they are open/on duty...

 

[rmediver2002]

Well if it is any consolation due to the S.E.C commercial diving falls under they will not conduct random inspections of companies with less than 10 employees.

This standrd as most of you read will also apply to dive guides...

Do not assume that "sub-contractors" are exempt, especially in the area of maritime operations:

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=21454

this case involves urchin divers but did set a precident for Captains.

OSHA in clarification of the definition of employee says any diver accepting any form of compensation for work performed.

The oiless compressor comment refers you to section five, in section five it states the compressor manufacturer (for oil lubricated) must certify in writing that the compressor is designed for the rated % of oxygen it is being used for.

This regulation is not new, the Air SCUBA recreational instruction exemption has been on the books since 1982, the original legislation was enacted in 1978.

The variance approved in 1998 applied only to employees of Dixie divers but violation of the standard was not subject to fine or citation.

Jeff Lane

 

[rmediver2002]

For emergencies involving SCUBA malfunctions that could endanger diver health and safety (e.g., high CO2 levels), proposed condition 7(a) requires employers to equip their divers with a reliable emergency-egress system (i.e., a "bail-out system").


This portion is the section covering re-breather assemblies...(high CO2 levels)

Below this section is some info on open circuit bailout requirements.

Jeff

 

[Genesis]

Well, not really (IMHO anyway)

First, NONE of the compressor manufacturers that I am aware of, INCLUDING RIX, will certify "in writing" that their compressors are "ok" for FO2s over 21%. In fact, every one of these compressor manufacturers is either silent OR has a BIG HONKING PLACARD on their compressor saying that feeding EANx to their compressor is explicitly against their recommendations!

Since this rule ALSO appears to ban partial-pressure mixing, where does that leave you?

Note well - "manufacturer". That is a very specific term. If you take a compressor, bundle it with a DNAX or stick system, you're not the manufacturer of the compressor. Bauer or Coltri is. And if you ask them, while their DEALERS will tell you that people do this all the time with acceptable results, it is also true that they have the placards on them - I've seen 'em, they definitely are present, and even RIX claims their "SA" series are for air ONLY. Theonly Rix unit acceptable for this, according to them, is the 4VX model!

Actually, thinking about it, there may be an "out". It looks like you can partial-pressure blend into a bank, and then fill from the bank. So long as the air coming from the fill whip has the correct FO2, yu never violate any compressor's maker's recommendations, you can manage to continually monitor for hydrocarbons, and you have the appropriate filtration, you're ok. Since Haskel has O2-clean units, you can boost source gas into the bank, then pump in air, and no high-FO2 gas ever gets in the bank. You can then decant into the diving bottles, and be within the rules.

But man, is this an expensive option! It also means that if the bank is low or empty, you are skerewed when you come in for a fill (unless that Haskel is set up to boost the product gas as well - which is not hard if you're going to have one to boost source gas into the bank)

This however immediately eliminates as acceptable partial pressure mixing into individual tanks and "stick mixers", whether by fed O2 or molecular separation of nitrogen in the source air. In turn this means that shops pretty much can't make up custom mixes any more, since the correct FO2 has to come from the whip, and that elimininates banking 40% and "cutting" it with air (since that would not have the desired FO2 at the whip!)

Basically, it sounds like virtually all existing Nitrox production at existing dive shops is a violation of these rules, if I'm reading it right.

What am I missing here?