Negligent Instructor?

[derwoodwithasherwood]

I realize that I am jumping into this thread a little late, but I was just prowling through the archives and came upon it.

I have a buddy who makes a few bucks on the side fixing foot valves and rescuing snowmobiles that didn't make it all the way across the open water. (Those of you in warmer climes may be a little surprised to hear of this business opportunity, but let me assure you it exists. Cabin fever does strange things to us up here. But I digress...) Anyway, his endeavours brought him to the attention of the Ministry of Labour's Safety Inspectors.

They don't care if he has a c-card (of any description). IIRC, they did peruse his log book. I found the most interesting thing was they required a second diver -- and required that the second diver remain on shore with a first aid kit (including O2).

If nothing else, it would make useful ammunition for a defense attorney: a government agency that apparently recognizes solo diving as safer than having two divers in the water together.

(before anyone draws a flamethrower, I am not advocating Solo as safer, merely that a defence attorney could use it to advance that argument)

 

[novadiver]

I realize that I am jumping into this thread a little late, but I was just prowling through the archives and came upon it.

I have a buddy who makes a few bucks on the side fixing foot valves and rescuing snowmobiles that didn't make it all the way across the open water. (Those of you in warmer climes may be a little surprised to hear of this business opportunity, but let me assure you it exists. Cabin fever does strange things to us up here. But I digress...) Anyway, his endeavours brought him to the attention of the Ministry of Labour's Safety Inspectors.

They don't care if he has a c-card (of any description). IIRC, they did peruse his log book. I found the most interesting thing was they required a second diver -- and required that the second diver remain on shore with a first aid kit (including O2).

If nothing else, it would make useful ammunition for a defense attorney: a government agency that apparently recognizes solo diving as safer than having two divers in the water together.

(before anyone draws a flamethrower, I am not advocating Solo as safer, merely that a defence attorney could use it to advance that argument)

The actual lifting of a heavy item can be dangerous in itself.Solo salvage has it's own set of rules. A shore watcher is always recommended and there should always be another diver geared up in case the primary diver has "issues" that they can't solve by themselves.

 

[rjchandler]

I realize that I am jumping into this thread a little late, but I was just prowling through the archives and came upon it.

I have a buddy who makes a few bucks on the side fixing foot valves and rescuing snowmobiles that didn't make it all the way across the open water. (Those of you in warmer climes may be a little surprised to hear of this business opportunity, but let me assure you it exists. Cabin fever does strange things to us up here. But I digress...) Anyway, his endeavours brought him to the attention of the Ministry of Labour's Safety Inspectors.

They don't care if he has a c-card (of any description). IIRC, they did peruse his log book. I found the most interesting thing was they required a second diver -- and required that the second diver remain on shore with a first aid kit (including O2).

If nothing else, it would make useful ammunition for a defense attorney: a government agency that apparently recognizes solo diving as safer than having two divers in the water together.

(before anyone draws a flamethrower, I am not advocating Solo as safer, merely that a defence attorney could use it to advance that argument)

He is engaging in commercial diving if he is charging money. Ontario has statutes that govern this.

 

[derwoodwithasherwood]

He is engaging in commercial diving if he is charging money. Ontario has statutes that govern this.

Absolutely. That's what got the Ministry involved. Otherwise, diving is outside thier purview. I mention it only because the discussion touched on standards this is one manditory standard. It does not apply to all people or all situations but I suspect it is one that could be referenced by a defence lawyer as an example that solo diving is not universally discredited. Once the defence has established that solo diving is accepted, even preferrable, in some circumstances, then the door opens to allowing other circumstances.

I think. But I am not a lawyer, and this is not legal advice.