Should the unfortunate event happen, a clear record of careful practices can become a powerful risk-management tool in the event of litigation.
by Al Hornsby, owner, Al Hornsby Productions, Singapore
Al is regarded as one of the industry’s most experienced risk management litigation executives.
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As we all know, in addition to diving being one of the greatest pleasures on the planet, it can also be an activity with a small margin between safe fun and dangerous risk. What’s especially sad about this is that a high percentage of the dive accidents that have occurred were often avoidable, the result of careless or uninformed human error. Looking back over the history of dive accidents, many were simply unnecessary.
As dive leaders, especially when boat diving and tourism are involved, we’ve all seen instances when divers show up without proper equipment, unfamiliar with the gear they have, especially if rented or borrowed, and without up-to-date skills or local diving knowledge.
The responses we, as dive pros and businesses, can bring to this issue are fairly direct and can be effective, but they must be well-planned and ongoing. They also must be applied consistently, not only when a diver appears obviously unprepared. Often, the divers who need the most attention are the ones who seem confident, but whose recent experience, equipment familiarity, or local knowledge may be limited.
Given that paperwork is a critical part of every operation’s pre-dive process, it should gather enough information to help identify potential problems individual divers may face. There should also be enough time to use that information effectively: creating logical groupings of divers and dive leaders, identifying gaps in experience or preparation, and sharing specific information that helps address those gaps before the dive.
Questions should include certifications held, estimated total number of dives in similar environmental conditions, dates of most recent dives, and experience with the type and configuration of equipment the divers will use, especially if they are using unfamiliar, new, rented, or borrowed gear. The goal is to sort divers into appropriate groups based on certification level, experience, equipment familiarity, recent diving activity, and likely comfort with the conditions to be faced.
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This information can be used to better predict potential difficulties individual divers may face in the dives coming up. The overall goal of the process should be to sort divers into appropriate groups.
If not carefully structured, this process could become too long and tedious. Done efficiently, however, it allows divers with limited experience in the expected conditions or with the equipment they will be using to receive additional briefing information, gear checks, closer entry supervision, and appropriate in-water support.
While it means there can be a bit more work required in dive preparation, the positive effects can be significant. This approach, ongoing, can reduce the likelihood of accidents being caused by divers’ lack of knowledge of the specific conditions and skill needs they may face, plus can provide dive leaders a structured basis for better predicting the behaviors and particular risks the divers in their care are likely to present. Should the unfortunate event happen, a clear record of careful practices can become a powerful risk-management tool in the event of litigation.
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