Regulations, Consensus Standards, and Legal Duties of Care
Sources of duty
The exam tests how you rank requirements when several apply. Legal duties come from statute and regulation, contract, and the general standard of care. In the United States, commercial diving is regulated under OSHA 29 CFR 1910 Subpart T; public safety and scientific diving may be governed by state occupational safety plans, NFPA 1670 and 1006, AAUS standards, or agency policy. Consensus standards such as ADCI, IMCA, and CGA documents become binding when a contract, insurer, or adopted manual incorporates them.
Ranking rules
- The more stringent applicable requirement controls; compliance with a lenient rule is not a defense against a stricter contract term.
- A consensus standard is not automatically law, but it can establish the standard of care and prove what a reasonable operator knew.
- Deviations must be risk-assessed, approved at the right level, documented, and time-limited.
- Negligence requires duty, breach, causation, and damages; documenting the duty and the breach is often the inspector's contribution.
Worked example
A company manual limits SCUBA to 100 fsw. A client contract requires ADCI consensus standards. A crew plans a 105 fsw SCUBA dive and argues that the regulator does not prohibit it. Reasoning: the company limit is the most stringent applicable requirement and is binding as policy; the contract adds another layer. The absence of a regulatory prohibition does not create permission. The dive is noncompliant unless a properly authorized deviation is issued after risk assessment, and even then the contract may bar it.
Traps that cost marks
- Citing a consensus standard as if it were statute.
- Ignoring contract or insurer requirements.
- Defending with industry practice when a written standard is stricter.
- Using an outdated edition of an incorporated standard.