In trouble for doing my job

[Jumbo_Jimbo]

I'm a PADI DM, qualified within the last year, and as such I feel I need some backup with a problem I encountered on a friends boat.

The boat belongs to an American who lent it to some Mexican friends of his to do some diving in Mexico. I went along as a DM to help out and make sure all went well.

While doing the checks for a shallow 8 - 10 meter reef I became aware that one of the divers was preparing to dive on a Nitrox tank, without being certified, which held 1500psi. He attached to the tank a regulator we had put aside as it was leaking due to a lose yoke retainer. He then attempted to squeeze into a small BCD despite being an easy large. At this point I told him he would not be diving until we collected fresh tanks and the correct equipment. He became very agitated and combative.

At this point one of the other divers abandoned his dive due to an inability to equalise. I told the first diver he would be able to dive if he remained calm and began checking the equipment. The tank o-ring was damaged and leaking but before I could replace it I was physically pushed away and could not complete any further checks before the diver entered the water.

The whole dive was an disorganised shambles and I have been given a lot of grief over my attempts to ensure the safety of divers with little experience and such a strong desire to be in the water they refused basic safety checks.

If any of you can provide documented evidence of things going wrong under similar circumstances to the above then it would certainly strengthen my case for refusing to facilitate further diving with this group.

Many thanks in advance.

 

[Thalassamania]

What case? It is your choice. Vicente Guerrero, Mexico's second president, officially abolished slavery in 1822, though Slavery was actually not done away with until 1829.

 

[tc]

Just make it clear that once they refuse your advice they also lose your leadership and you won't take responsibility for them.

This really shouldn't be in the Public Safety Diving area- totally unrelated.

Probably be best in the instructor to instructor forum but you probably don't have access since you just joined. I'll ask the mods to move it over to the near misses area in the main accident forum.

 

[jagfish]

Jimbo
Sounds like a real cluster F... we've all had them for one reason or another. Alluding to what the other posters highlighted, you might want to add some additional information so that other readers can understand more:

1. In what capacity did you accompany the dive boat (were you paid by the divers, the boat owner, dive operation)?
2. Why would you be obliged to occompany them again in the future?
3. What "trouble" did you get into?

Here's hoping for smoother dives ahead...
Cheers
Jim

 

[B.L. Justice]

Sounds like you tried to do what you needed to do. Time to document what happened just to CYA then walk away from this group. There are plenty of DM jobs in tropical environments. You shouldn't feel bound to this arrangement. If the issue is loyalty to a friend, ask yourself if the friendship is strong enough to withstand a wrongful death law suit. I wouldn't go out with that group again.

 

[DevonDiver]

If you review your Divemaster course notes/manual, you can easily define your responsibilies as a DM.

If the diver concerned was a trained diver, then he maintains complete responsibility for the planning and conduct of his dives. Your function is to provide guidance (both in terms of planning, safety and navigation).

If you were working for a dive operation (The diver concerned was a paying customer and you were being paid for the work), then that operation would have the right to prevent the diver entering the water (i.e. refuse diving services) for any reason.

However, in your example, it seems that this was not a formal customer-provider relationship, but rather, you were providing a free divemaster service for a friend on a private boat.

In this case, you have no right to tell the diver that they cannot dive. It is their choice and they have recieved sufficient training to make that choice. However, you are entitled to provide a professional opinion, counsel on the safety issues and, of course, would always have the right to refuse to be involved with that diver.

Rather than quote specific examples in your defence, it would be better to highlight the industry standards that apply. The nitrox issue is very clear cut. RSTC and DAN have clear guidelines on this.

In regards to ill-fitting equipment and faulty regulators, then this will be covered by some form of statement/agreement defined by whatever agency certified the diver.

For PADI, you should refer to the Standard Safe Diving Practices Statement of Understanding (PRODUCT NO. 10060 (Rev. 11/05) Version 1.05).

In particular, the following sections...

3. Use complete, well-maintained, reliable equipment with which I am familiar; and inspect it for correct fit and function prior to each dive. Deny use of my equipment to uncertified divers. Always have a buoyancy control device and submersible pressure gauge when scuba diving. Recognize the desirability of an alternate air source and a low-pressure buoyancy control inflation system.

4. Listen carefully to dive briefings and directions and respect the advice of those supervising my diving activities. Recognize that additional training is recommended for participation in specialty diving activities, in other geographic areas and after periods of inactivity that exceed six months.

I am guessing that, because your duties were informal, rather than paid, you did not insist that the divers concerned completed the appropriate liability releases or the Statement mentioned above.

If you had, then your position would have been much, much stronger....both at the time, and afterwards.

Agencies provide the necessary forms to protect you legally and morally...and you should utilize them in every instance, whether paid for working or just guiding for free.

If I was in your position, I would be ripping holes from whoever asked you to provide your services...for putting your safety in jeapordy. After all, it would have been you who would have had to rescue those muppets.

 

[vladimir]

How you communicate is half the battle. Dictating to people what they can and can't do will often foster resistance, particularly when your authority to do so is not clear. Your fellow divers sound like clowns to me, so it probably would not have helped, but voicing your concerns more diplomatically would have been a better approach.

 

[Jumbo_Jimbo]

Jimbo
Sounds like a real cluster F... we've all had them for one reason or another. Alluding to what the other posters highlighted, you might want to add some additional information so that other readers can understand more:

1. In what capacity did you accompany the dive boat (were you paid by the divers, the boat owner, dive operation)?
2. Why would you be obliged to occompany them again in the future?
3. What "trouble" did you get into?

Here's hoping for smoother dives ahead...
Cheers
Jim

1. Friend of the boat owner, touting for a job. No pay.
2. They 'booked', or got approval for, a week of diving from the owner.
3. They bitched to the owner that I'm an obstreperous reprobate. So, no job then!

Jimbo.

 

[Jumbo_Jimbo]

How you communicate is half the battle. Dictating to people what they can and can't do will often foster resistance, particularly when your authority to do so is not clear. Your fellow divers sound like clowns to me, so it probably would not have helped, but voicing your concerns more diplomatically would have been a better approach.

Well, when I was pushed away from the equipment I said something like "At least let me check it for you before you go in; I'm just trying to help...". I was told to go forth and multiply.

 

[tc]

Well, when I was pushed away from the equipment I said something like "At least let me check it for you before you go in; I'm just trying to help...". I was told to go forth and multiply.

I think I would actually take that portion of their advice- run away quickly.