David Strike wrote

Tuesday, March 27, 2001 8:18 AM, Lee Bell wrote:
>
> > > So what was the Dixie Divers Variance all about?
>
> > Darned if I remember.  I seem to recall that it had something to do with
the
> > gas used on particular dives, nitrox versus air, but I'm not sure whose
> > rule it was that was being violated, needed to be changed, etc.  I would
guess
> > that it was a certification agency rule, but to be honest, I don't
remember
> > enough about it to be able to do more than guess.
>
> Actually - and because of the passage of time - I wasn't altogether
certain
> about it either!  :-)
>
> But there's reams of stuff about it at the OSHA website:
> http://www.osha.gov/
>
> Essentially it related to a chain of recreational dive stores seeking
> exemption from an OSHA regulation governing the way that diving operations
> were conducted.  (As I recall there were also a few behind-the-scenes
> political issues in applying for the exemption.)

You're absolutely right.  As will happen, my subconscious kicked in on the
way back to my motel but having worked late, I chose to get some sleep
rather than correct myself at the time.  As you already know, it was an OSHA
issue.  I'll be getting to work in a few minutes, but I'll take the time to
add a few other "subconscious revalations."  This is memory, so take it only
for what it's worth (maybe not much).  There's some facts here only because
I have a close friend who is a former OSHA Inspector and now owns his own
safety consulting company.  Most is recollection.

OSHA applies to work situations and the safety of workers.  As far as I
know, it's never been applied to rules for those workers relative to their
customers, only to the workers themselves.  In other words, it sets
standards for tenders, equipment and other things for commercial diving
operations, but not for recreational diving.  For example, it does not
address lookouts, DM duties to customers or rules for who may be allowed to
dive recreationally, from a charter operation.  What made the Dixie Diver's
issue so interesting to so many (pure recollection here) is that it was the
first time anyone had thought about how the rules might apply to an
Instructor (may also have included a DM) in his teaching mode, relative to
the gas he used.  Local Instructors, DMs, etc. had been using whatever gas
they thought was best for themselves for a long time.  Apparently Dixie
Divers realized there was a potential conflict with OSHA and, to cover
themselves, asked for a variance (I think).  I'm pretty sure, but not
positive, that the biggest "behind the scenes" issue was that it was a
question that most would have preferred had not been asked.  Up to that
point, OSHA had stayed pretty much out of the recreational end of the dive
business, even the commercial side of it.  Many, including me, believe that
sleeping government dogs are best left asleep and that the most certain way
to get the government, which OSHA certainly is, to try to fix what is not
broken, is to alert them to the potential to do so.

Since you have triggered my interest in this again, I'll look at the site
you mentioned and look around a bit to see what is available on the outcome
of the whole thing.  The one thing I'm not going to do, however, is get
involved in a lengthy public discussion of the pros and cons.  I'm one that
thinks that less government control, wherever possible without obvious
danger to the public, is best and still believe that the fastest way to get
the government involved is to bring their lack of involvement to their
attention.  If I find anything you might find interesting I'll  share it
privately.

Lee