Should Visual Inspections be made Law?

[diver1102]

I am working on a paper for a business law class and i choose the topic of visual inspections and weather they should be mandated by law. I am looking for opinions (especially from people who fill tanks) and information on how effective visual inspections are, would making it a law be easier on the industry because it would be uniform?, would making it a law be a burden on the industry?

Your help is much appreciated!!

Aaron

 

[tedtim]

No.

The inspection is valid as of the time it is completed. I fear that if you make it a law, then some lawyer will use the concept of the inspection as a means to find yet another person to include in the lawsuit should there be an incident/accident.

As for the industry making it uniform, well this is a place where I believe the industry is and should be self regulating. I believe a law would be a burden on the industry because there would be resulting costs associated with it. The system in place in Canada and the United States seems to me to be simple enough. The industry in general has adopted the concept of an annual visual inspection as being a good practice. There are agencies who train folks to be cylinder inspectors (I was trained both through PSI and TDI). PSI at least puts a time limitation on the validity of an inspector's certification.

Do you really want fifty states entering into this arena and making fifty different versions of a law? I doubt that it could come under a federal mandate for a law. There are numerous regulations that deal with compressed gas cylinders.

If you want an example of over regulation look no further than FQAS in Quebec. A coroner made recommendations resulting from SCUBA deaths and now everyone who wants to dive in the province of Quebec must hold a separate permit in addition to an agency certification. More cost with questionable value.

I fear that there would be a similar situation that would result if the visual inspection became law. Each province or state would eventually have a licence for inspectors, thus increasing the cost beyond that to obtain the certification.

For those that would argue that a licencing system would be superior to just the certification because it would impose a standard, well just take a look at the quality of lawyers out there. A licence is no guarantee that someone can do a good job.

This is one area IMO that does not need another level of bureaucracy or set of regulations.

 

[captain]

The federal government already has a regulation requiring a visual inspection every 5 years at the time of re-hydro. Apparently they feel that that regulation is sufficient to to protect the public. What would convince them otherwise. Until tanks start popping like pop corn and killing people by the hundreds I don't see them changing any regulations. The diving industry as a whole has created a paranoia when it come to the safety of tanks.

 

[Walter]

If it is made a law, I hope it includes qualifications for the people making the inspections. Most folks making visual inspections today are clueless as to how to actually conduct an inspection.

 

[NOVIZWHIZ]

don't mean to be hi-jacking the thread - along this same line - if i have my tanks hydro'd and eddy'ed - do i then need to take them to my LDS for a VIP so they can put on their sticker (and charge me)..or should the hydro and edy and I assume, VIP done at the hydro facility be good for that year?

 

[HowardE]

Should it be law? No

Is there really any reason? Are tanks so unsafe?

Does doing more VIP's help the dive shop? does failing more tanks - sell more tanks?

would making it a law be a burden on the industry?

Definitely. Considering that there's no governing body that checks to make sure people are certified at all... Why would this be of concern. Hydro is a DOT regulation. VIP is a "courtesy".

 

[Nemrod]

NO!

You lawyers want a law for everything, how about a law against laws and lawyers.

N

 

[OldNSalty]

unlike wall street, I think the diving business has done a good job of self regulating so I don't see a need here. Why do we create laws int he first place diver1102? I , not being a lawyer, think they should only exist to stop someone/something from stepping on my rights-otherwise do as you please (I am sure it is more complicated then that). I can't think of a need or justification for regulation in this case but as I said-I am not a lawyer. I would be interested in hearing the argument for it if you, or anyone, has a solid case.

 

[SparticleBrane]

The last thing we need is more government.

 

[300bar]

And an other NO

Comming from the part of the world where we only use(well mostly)steel tanks,I don't see any use for a VIP anyway.
Reading a lot on cracked AL tanks,maybe there could be an extra testing wanted but not on a annual basis.
Maybe get the frequenty of the hydro up,like in some european countries.