Posted by Ken Kurtis on January 12, 2001 at 23:20:32:
In Reply to: Nitrox and OSHA posted by Jon on January 11, 2001 at 16:11:02:
Everyone's correct that the nitrox/OSHA concerns are strictly if an employer/employee relationshp exists. And the deal with the Dixie waiver is that any store willing to follow ALL the restrictions/conditions would be given the same considerations as Dixie. (I think it's called a "de minimus" waiver or something like that.)
However, there was also a notice from PADI in December that pointed out that CalOSHA may supercede federal OSHA in these matters and since CalOSHA has NOT issued a variance, stores in California relying on the Dixie variance might find it not to be valid as a variance in California.
Again, to be very clear, this has nothing to do with a store pumping nitrox and filling tanks for customers but only with rescpect to the store's employees (and that's another whole can of worms as to whether or not instructors and DMs are employees or independent contractors) diving nitrox while in the employment of said store.
Ken Kurtis
NAUI Instr. #5936
Co-owner, Reef Seekers Dive Co.
Beverly Hills, Ca.