Presumably that's what happened, which means we need to rethink the margin of safety when using nitrox.
I would have to agree with you on this on Hatul and that is the direction both DAN and many other agencies and jurisdictions are going.
There are many risk factors for increased oxygen toxicity that we do know of such as cold water (below 49 F) or excessively warm (> 87 F), exertion, and CO2 retention (increases cerebral blood flow). Other possible factors are where an individual is in their circadian rhythm, gender, certain drugs such as decongestants (pseudoephedrine), and exposure to darkness.
On the dive in question we do know the diver was in the ppO2 range of 1.4 to 1.6 ata where the risk of oxygen toxicity is increased for some people particularly if the dive involves exertion and exposure to cold water.
Here is an excerpt from an DAN article on the subject:
Proceeding With Caution
"Between 1.4 ata and 1.6 ata (this is 99 feet / 30 meters on a 40-percent mix) is the "yellow light" region. The possibility of oxygen toxicity at 1.6 ata is low, but the margin of error is very slim compared to 1.4 ata. Individual variation, the likelihood of an unplanned depth excursion causing an increase in oxygen partial pressure, and the possibility of having to perform heavy exercise in an emergency put the possibility of oxygen toxicity at levels where caution should be exercised.
Thus, levels of 1.5 to 1.6 ata should be reserved for conditions where the diver is completely at rest, such as during decompression. Again, as noted previously, the dive team must still be prepared for the possibility of an oxygen convulsion at these levels."
DAN | Medical
In this quarter's issue of Wreck Diving magazine there is a DAN article on oxygen toxicity where the author goes further and says "If you intend to dive in the 1.3 to 1.6 ata range, you may want to consider using a full face mask to mitigate the potential consequences of a seizure underwater."
I think you'll find that many divers are now using 1.2 to 1.3 ata as their maximum exposure with 1.4 ata for deco or for dives with no exertion in tropical warm water. The USN and NOAA are also using 1.3 ata and I believe in the province of BC working divers are limited to 1.2 ata.
Personally in cold Ontario waters I'd keep exposures to 1.4 ata maximum and lower if tired or if going to be exerting oneself at any level. The overall risk of oxygen toxcity may be low at 1.5 ata, however the consequences of a tonic-clonic seizure or syncopal incident underwater are unforgiving as this tragic incident shows.
For further reading I'd have a look at this Rubicon list particularly the articles by the late Dr. Bill Hamilton and that by Bitterman.
Oxygen Toxicity | Rubicon Foundation