Why so sad? This is a clear case of a company using SCUBA divers to do commercial diving work. It is not only unsafe to use SCUBA on any work where the diver is not clearly visable, but it is a violation of federal OSHA regulations.
He was from New York, so are you implying they hired a local diver in New York and sent him to Utah when they could have just as well hired a "local" diver from Utah and saved a whole lot of travel, lodging and perdiem expenses? Please don't run my company.1 - "failed to surface at about 1 p.m. Tuesday" diver was not in communication with the surface support team.
2 - "Other divers on the team found Loveria under 18 feet of water" this implies that there was no tether to the surface and the diver was working independently which can only be done on SCUBA - no tether = OSHA violation.
3 - Portadam is a cofferdam manufacturer and supplier, not a commercial diving company, nor a construction company so they most likely hired someone locally who has SCUBA gear to do any of the under water work that was needed.
- Professional? The word means "pert. or engage in a profession, or sport for pay" Websters. That describes everyone on this site or in the country that has a Divemaster or Instructor certification. This is a common misconception of divers by the news media and the general public, i.e. if one is certified to SCUBA dive than one is qualified to be a "professional diver".
My condolences to his family, and God help the company that hired him.
I'd conclude from what the article says that he was more likely to be a professional diver anyway.
As for your contention that OSHA regs prohibiting scuba diving - you are badly misinformed. I am speaking as someone who has done commercial diving in scuba for years and more importantly as some one who actually understand the regs when I read them - which is also important as I am a fed who works with, interprets and gives guidance on federal regs for a living.
29 CFRF 1910.424(b)
Limits. SCUBA diving shall not be conducted: (note the colon here - it means the following limits apply, it does not mean "Scuba Diving Shall not be Conducted")
1910.424(b)(1) (the (1) here means it is a subpart of (b))
At depths deeper than 130 fsw; (as in "Scuba diving shall not be conducted at depths greater than 130 ft.")
1910.424(b)(2)
At depths deeper than 100 fsw or outside the no-decompression limits unless a decompression chamber is ready for use;
1910.424(b)(3)
Against currents exceeding one (1) knot unless line-tended; or
1910.424(b)(4)
In enclosed or physically confining spaces unless line-tended. (Note the "unless line tended" here.)
1910.424(c)
Procedures. (for situations where the diver is in enclosed or physically confining spaces)
1910.424(c)(1)
A standby diver shall be available while a diver is in the water.
1910.424(c)(2)
A diver shall be line-tended from the surface, or accompanied by another diver in the water in continuous visual contact during the diving operations. (this one is a little bit of a grey area, as (b)(4) states "line tended" but the procedures in (c)(2) state "or accompanied by a diver in continuous visual contact", but I think the intent is clear - use a tender in low viz but a diver and no line is allowable when visibility permits. Makes sense to me as in some situations the line itself is an entanglement hazard I would rather be without.)
1910.424(c)(3)
A diver shall be stationed at the underwater point of entry when diving is conducted in enclosed or physically confining spaces. (This would apply whether a line is used or not - and in the past I have had to have another diver along and in the water even when it was only 6 ft deep when working inside headgates that were "confining" - presumably to pull me back out if I wedged since 6' of water is still awful hard to breathe under.)
1910.424(c)(4)
A diver-carried reserve breathing gas supply shall be provided for each diver consisting of:
1910.424(c)(4)(i)
A manual reserve (J valve); or
1910.424(c)(4)(ii)
An independent reserve cylinder with a separate regulator or connected to the underwater breathing apparatus.
1910.424(c)(5)
The valve of the reserve breathing gas supply shall be in the closed position prior to the dive.
So in effect:
1. If the SCUBA diver is between 100 and 130 feet and/or making dives outside the decompression limits a recompression chamber must be available, but the job can still be done on SCUBA.
2. If the diver is at less than 100 ft and within the no deco limits, the job can still be done on SCUBA and no recompression chamber is needed.
3. If the job does not place the diver in an enclosed or physically confined space, a tender or in water diver in visual contact is not required.
4. If the current is 1.0 kts or higher a line tender is required.
5. All SCUBA divers, at any depth or in any situation, must have either (a) a J-valve or (b) a bailout bottle of some sort that allows the valve to be turned off to prevent air loss.
Now in this case he was in a lake (no current and no tender required) in less than 20 ft of water (last time I read a US Navy Table - the one OSHA refers to in the Appendix to determine whether a dive is within the NDL's -there is no deco limit for 20 feet, so it is safe to say he was within them) in what can be assumed to be a non enclosed and non phyically confined space meaning a tender was again not required and that the dive could be done on scuba and still be in compliance with OSHA as long as he had either a J-valve or some type of bailout bottle.
My advice is to stop talking about things you are not well informed about and to stop speculating and creating imaginary causes and legal infractions in the accident forum.