I agree with what you say above... but it's still considered a "confined entry space" by OHSA, etc.
At work when we have people enter storage tanks, they have to follow "confined entry rules" with safety tethers, etc. It's a big deal.
The fact that they didn't pay attention to this guy in a confined space (regardless if he was diving), is a big deal.
I agree that it would be probably be considered confined entry and that those rules would apply. I also agree that it appears to be negligence on the part of the company that put the guy in there.
I only pointed those issues out to make sure it was understood that it wasn't like this was a totally blind dive with a hard overhead keeping him from coming to the surface. If he didn't manage to get to the surface and yell to his tender (and who is to say he didnt?) it was because of other issues and not the environment.