Posted by MHK on January 15, 2001 at 10:47:42:
In Reply to: Re: Nitrox and OSHA posted by Greg Mossman on January 14, 2001 at 12:52:44:
Greg,
I appreciate the private letter ruling analogy as this is closer to my realm of expertise.. So to follow through on that analogy, and understand that this is my understanding as I was not directly involved with the Dixie Diver waiver request, is that the Florida labor commision had stepped in, in terms of the employees. The instructors working at the dive shop had complained that since they were teaching more than one class per day in some cases, it was requiring them to do up to 4 dives per day. Florida is well ahead of California in terms of Nitrox use.. In fact, most of the locals never use air anymore, but be that as it may most of the instructors were desiring to use use Nitrox but Dixie Diver's lawyers advised against the practice citing the potential OSHA issue..
While a private letter ruling is used to clear up an ambiguity on a particular issue, there was no such ambiguity with respect to the use of Nitrox as an employee. The rules were painfully clear, so Dixie Diver's decided to take the lead and begin changing an antiquated set of rules.. The results are manifest and the issue, or at least the intent of the statue, is much clearer now..
Later