Divemasters Should Ask 'Is Your Oxygen ON?'

[Wibble]

I was on a boat last week, following the skipper’s £290k fine in Scotland. We were not allowed to put fins on until at the exit point, and the moment we were back on board fins had to come off. The owner had not come up with a deck design solution to prevent falling. Even though the Court accepted the skipper wasn’t responsible for the diving.

There must be a lot more behind that story. That’s a massive fine which would bankrupt most diving businesse.

It is a right sod to move to and from the bench to the jumping point on a pitching boat, especially when wearing 100kg/220pounds of dive kit. Bigger boats based upon fishing trawlers have quite open decks but not enough room to fit a ballerina bar or suchlike.

 

[rjack321]

There must be a lot more behind that story. That’s a massive fine which would bankrupt most diving businesse.

The deceased name was Lex Warner, he died in 2012. The case is bizarre.

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021csoh92.pdf?sfvrsn=8e573215_1

Orkney charter business ordered to pay £290,000 compensation

In an extraordinary precedent, an Orkney charter business has been ordered to pay £290,000 compensation to the young son of a diver who died during a dive off

www.scubadivermag.com

 

[Wibble]

The deceased name was Lex Warner, he died in 2012. The case is bizarre.

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021csoh92.pdf?sfvrsn=8e573215_1

Orkney charter business ordered to pay £290,000 compensation

In an extraordinary precedent, an Orkney charter business has been ordered to pay £290,000 compensation to the young son of a diver who died during a dive off

www.scubadivermag.com

Great links.

Thanks for that. Remember it now.

Lots of discussion around whether the skipper is a taxi driver or not. There's a fine line between excessive and pragmatic "Health and Safety"; the only logical end is you're not allowed to dive, drive, fly, run around or do anything normal humans would call "fun".

The fact is a rolling dive boat does make moving around in full technical (or even recreational) dive kit difficult. When you're standing up with over 100kg/220# of kit on you and the boat is rolling around it's bloody difficult and you need to hold on as you move to and from the jump/lift.

Personally I want to do interesting and exciting things and accept there's a risk. Should my number be called up; time's up. Lets hope I die with a smile on my face doing something I enjoy, not glued to a seat in front of the telly afraid to go out.

 

[Edward3c]

Great links.

Thanks for that. Remember it now.

The fact is a rolling dive boat does make moving around in full technical (or even recreational) dive kit difficult. When you're standing up with over 100kg/220# of kit on you and the boat is rolling around it's bloody difficult and you need to hold on as you move to and from the jump/lift.

That was the point, the skipper hadn't documented (written down) his risk assessment of a fully kitted diver walking round the deck with fins on. There was a gap where there were no hand holds. The skipper is responsible for the safety of all whilst on their vessel, nothing to do with the diving.

 

[Wibble]

Hopefully it came out of insurance. Assume the boat's no longer running.

 

[Edward3c]

Hopefully it came out of insurance. Assume the boat's no longer running.

Insurance will only pay defence costs, not the fine. Would the insurer go to jail if that was the sentence? No.

 

[rjack321]

Insurance will only pay defence costs, not the fine. Would the insurer go to jail if that was the sentence? No.

Not over on this side of the pond. Civil liabilities would be paid by insurance unless the event was somehow excluded by the policy. We also dont have dive "Taxis" the responsibility of the skipper does not stop when a paying passenger puts on dive gear or even jumps in the water.

 

[Jcp2]

Great links.

Thanks for that. Remember it now.

Lots of discussion around whether the skipper is a taxi driver or not. There's a fine line between excessive and pragmatic "Health and Safety"; the only logical end is you're not allowed to dive, drive, fly, run around or do anything normal humans would call "fun".

The fact is a rolling dive boat does make moving around in full technical (or even recreational) dive kit difficult. When you're standing up with over 100kg/220# of kit on you and the boat is rolling around it's bloody difficult and you need to hold on as you move to and from the jump/lift.

Personally I want to do interesting and exciting things and accept there's a risk. Should my number be called up; time's up. Lets hope I die with a smile on my face doing something I enjoy, not glued to a seat in front of the telly afraid to go out.

These suits aren’t usually about the deceased. It’s those left behind unexpectedly that are hurt and angry.

 

[Wibble]

These suits aren’t usually about the deceased. It’s those left behind unexpectedly that are hurt and angry.

And lawyers on No Win No Fee.

But it's terribly sad all the same.