Bottom Cleaner Killed in Palm Beach

[fstbttms]

Oh, the diving company at the center of the fight with OSHA was Scuba Clean in St. Petersburg, FL. They are no longer in business. I don't know if their principals are operating under a different company or not.

This situation was not based on a diver injury. A disgruntled ex-employee of Scuba Clean ratted them out to OSHA for not following regulations. If memory serves, the company was hit with a $200+K fine. Not surprised they didn't survive it.

There has been an ongoing battle between OSHA and divers over bottom cleaning and requiring the divers to be licensed commercial divers.

No, there isn't. It's quite simple- if the company's divers are employees, the company is bound by OSHA commercial diving safety regulations. If the divers are not employees, OSHA has no jurisdiction and their commercial diving regulations can be ignored.

 

[BandB]

You may have missed what many people have stated; that their divers are local self employed people who come and go to marinas and boats as necessary. Most of us are not around when our divers come. We don't know if they have formal safety procedures and if they follow them. Our concern is the cost and the results.

We leave it up to our divers to do what is necessary including working safely. There is very little we can do other than try to notice if a diver is working on our boat when we arrive or investigating if we hear strange noises while on our boats.


While again, this is a tragic accident, we don't know how often this happens and we don't know how often it happens for every X number of boat cleanings. It's entirely possible that more divers are killed in auto accidents on the way to and from cleanings than are actually killed on the job.

No, I haven't missed that. But I do have concerns beyond cost. I understand that most aren't there when the work is done. However, as a boat owner, I'm going to know who is doing the work and what steps they do take safety wise. Also, whether they use employees or contractors and whether they are covered under worker's compensation and whether the company is insured.

I don't know how often there are injuries. I've never heard of an incident like this one, but I have heard of several injuries.

If they're working on my boat then I can't escape moral or legal responsibility. Even though it's traditional not to have contracts or written agreements, I will not allow anyone to work on my boat without one. At the very least you should have proof of insurance and worker's compensation.

We will not use the self employed, unlicensed, uninsured bottom cleaner.

I also recognize in South Florida we have more choices than most of you have, although this incident happened in South Florida.

 

[BandB]

This situation was not based on a diver injury. A disgruntled ex-employee of Scuba Clean ratted them out to OSHA for not following regulations. If memory serves, the company was hit with a $200+K fine. Not surprised they didn't survive it.

I didn't say it was based on an injury. A huge percentage of complaints to OSHA as well as most other government agencies come from ex-employees. OSHA's investigation and findings were not limited to the lack of commercial licensing.

And you're correct about the fines.

I also agree with the need for a partial exclusion from some of the provisions for bottom cleaning divers. Current OSHA rules are different though for divers using air from land vs those using tanks. Still more than most bottom cleaners are going to do.

However, here's an example of some South Florida bottom cleaners ads:

We are available 24/7/365, OSHA certified, TWIC holders, Fully licensed & insured.​

superior Commercial Diver Service​

Make sure all of the service items listed above will be included in the bottom cleaning.
Ask to see the diver’s certification.
They should be able to give a clear description of findings after each service and make maintenance recommendations.
Check for insurance. Ask for proof of a minimum of $1 million USD coverage in liability insurance and worker’s compensation insurance.
Check to make sure the person or company is registered with the State of Florida​

At this point we know nothing about the bottom cleaner who was killed and whether he worked for a company or as a self employed individual. If he was there alone though then I doubt he was working for a South Florida bottom cleaning company. That doesn't make his death any less tragic either way.

 

[BandB]

Exactly ! BC Govt rules (WorkSafe BC ) require a Supervisor (not just a lookout) on the dock, and at least 2 divers. There was a post a few months ago complaining about having to pay 3 people to do 1 persons job. Its for a reason.

Very similar to OSHA.

 

[rwidman]

You would then be the exception. The people I know just hire someone their slip neighbor uses and recommends. I didn't know this for a while but the guy I use doesn't always do the work. Apparently there are divers who work for other divers but not as employees but contractors.




I used to use what I thought was a "company" but found out that it was the same situation, one diver hiring other divers to do the work.

 

[fstbttms]

You would then be the exception. The people I know just hire someone their slip neighbor uses and recommends. I didn't know this for a while but the guy I use doesn't always do the work. Apparently there are divers who work for other divers but not as employees but contractors.




I used to use what I thought was a "company" but found out that it was the same situation, one diver hiring other divers to do the work.

The hull cleaning biz is no different than any other part of the boat maintenance industry. There are going to be plenty of flakes. It shouldn't be too hard for a knowledgeable boater to tell the good from the bad. Asking for ship repairers liability insurance is a good place to start. Any legitimate dive service will carry it.