Vehicle Recovery Policy

[b934firefighter]

Our agency will not pull a vehicle unless it is an emergency. We used to pull any vehicle that was a "navigational hazard", ie bonus training for the team, but that was changed several years ago, by order of the sitting sheriff. I believe that the reason was that several of the local businesses felt we were encroaching on their profit margin, and they have a point.

If you charge to remove a vehicle, I'm pretty sure that would fall under the definition of commercial diving and therefore remove your exemption from OSHA requirements. If you don't, you may be able to argue that the removal was a "navigational hazard", and therefore a recovery and exempt. A lawyer may tell you differently, and I'd take their word over mine. Also, remember that this only applies to the Federal OSHA. You may have a state level OSHA that supersedes the federal one. Be sure to check this before setting your policy.

I spoke with the State Level OSHA representative today and his take was that charging a fee to assist with the recovery of a vehicle would not eliminate our exemption from the Commercial Dive Regs. He stated as long as we were not operating independently form our departments regulated team and still in the S&R mode then it would not be an issue.

---------- Post added April 1st, 2014 at 02:10 PM ----------



---------- Post added April 1st, 2014 at 02:17 PM ----------


In my organization as well as most others, the "almighty dollar" drives most of the decision making in some fashion or other. Responding to these calls for service in an area that we are paid to provide service is one thing. And I under stand your point there, however being the only diving entity around we are often requested outside of our normal tax district. If we respond to one of these request outside our territory and damage a boat or a couple thousand dollar dry suit primarily assisting a wrecker with hooking up it gets harder to justify that to the powers that be. Especially when we don't get any funding or support from these other jurisdictions.

---------- Post added April 1st, 2014 at 02:19 PM ----------


In my organization as well as most others, the "almighty dollar" drives most of the decision making in some fashion or other. Responding to these calls for service in an area that we are paid to provide service is one thing. And I under stand your point there, however being the only diving entity around we are often requested outside of our normal tax district. If we respond to one of these request outside our territory and damage a boat or a couple thousand dollar dry suit primarily assisting a wrecker with hooking up it gets harder to justify that to the powers that be. Especially when we don't get any funding or support from these other jurisdictions.

 

[Mphill9929]

The natural habitat for cars is not underwater. If one is underwater it is either their because it was stolen and dumped, insurance fraud or the reare accident. PSDivers recover evidence, we do not normally conduct salvage operations. However - the test for the OSHA exclusion is this: If you have the ability to save life or limb, you are exempt. If not, you are not. No discussion necessary, this is from the source.

Since we as PSDs, do not now why or how the vehicle got there, we treat it like a crime scene. Charging for a recovery via a paid department team will be a matter of city policy, not a dive team sop. Your administration could take the request to the city management for review.

Volunteer teams should be able to discuss the matter with the towing companies and see what they can offer to help with working out a policy. Volunteers are not subject to OSHA but WILL be if they receive monies or goods for services performed.

mark