Originally Posted by biffer
i don't see how you can have a duty of care for the diver other than getting him safely to the site, you're not dropping him in, he's jumping in himself, it's his choice, the second matey is talking the talk, ask him for an explaination in writing and see what happens
I don't understand that view. A diver is not just jumping in when they feel like it, they are being dropped in. Every dive boat I have ever dived off (commercial and club) has the Coxswain issuing instructions to ALL the divers telling them exactly when to jump. It is the Coxswain's skill that determines exactly when to go. If they ain't happy that the correct conditions are met then the divers don't jump.
I would have said the duty of care is basically from getting them on at port to dropping them off at port again. However that duty of care is different at different times.
Apart from the normal ferrying duty of care (weather conditions etc) There is a duty of care once the diver jumps off the boat until they submerge. Then there is a duty of care to observe the situation until they come up again. (This has to be reasonable as sometimes they can catch you out by moving off the site with tide etc and that is why all Coxswains should insist on the Delayed SMB). Once they come to the surface where expected then there is a duty of care to get them out of the water safely.
If a diver does not then return to the buoy or use a DSMB then the Coxswain has a duty of care to inform the Coastguard of the situation.