Posted by Greg Mossman on January 14, 2001 at 12:52:44:
In Reply to: Re: Nitrox and OSHA posted by MHK on January 14, 2001 at 08:48:01:
But if Dixie Divers wasn't threatened with OSHA action (they weren't, were they?), why did they invite regulation by applying for the exemption when OSHA likely never considered the use of nitrox by diving instructors to be "commercial diving" and subject to the regulations?
In your field, I understand that you might apply for a letter ruling from the applicable authority (IRS) before advising a client on a certain tax shelter, but the IRS has already made clear that it has complete control over tax accounting standards.
However, OSHA made it anything but clear that recreational diving instruction was included within the regulations. Their definition of commercial diving is more in line with what you would expect it to be: underwater welding and the like. By seeking the exemption, I believe Dixie did a disservice to the recreational diving world. What's next, apply to the DOT for an exemption to overfill LP steel tanks? Invite the FDA to regulate selling oxygen for deco?