Punishment Abroad for Training Deaths

While the family lawsuit over the death of Linnea Mills was settled with PADI for seven figures, there has only been a cursory investigation by the government, and no charges were filed against the instructor, her employer, or PADI. The plaintiffs alleged that the instructor, Debbie Snow, failed on several counts and was responsible for Mills' death. It further implicated her employer, Gull Dive Center of Missoula (MT), for failing to manage her and PADI for inadequate training and instructor oversight. But, unless the government decides to bring charges aside from the money that transferred hands, no one has been held responsible for Mills' death. Dive training in the U.S. still relies on self-regulation, which sometimes means no accountability at all.

It's not like that in other countries, such as the U.K., where dive training is subject to regulation derived from statute. Authorities investigate accidents, subject those convicted to punitive damages, and seek to prevent the occurrence of similar incidents.

For example, in the U.K. in January 2023, technical diving instructor Lance Palmer was found guilty of breaching government regulations in the death of his student, Roger Clarke, 55, who drowned during a training dive. Palmer was sentenced in a magistrate's court and ordered to pay roughly $3800 in legal costs and contribute 50 hours of unpaid work.

An investigation by the Health and Safety Executive (HSE) found that Palmer did not adequately maintain and check his student's breathing apparatus; failed to remain in close enough proximity to monitor his student, which meant he did not notice the audible and visual alarms sounding on breathing apparatus (rebreather); contravened TDI rules for exceeding maximum diving depths on repeat dives; and failed to have an adequately qualified rescue diver in the water with him and the student.

The coroner found that errors and omissions by the instructor and safety diver "significantly increased the risks associated with the dive and may have caused or contributed to Mr. Clarke's death." While the penalty may seem slight, his involvement in the death is now on public record.

The allegations against PADI dive instructor Debbie Snow were such, that if she were living in the U.K., she surely would have faced such an investigation. American instructors may think that such regulation impinges on their freedom, but with no regulation, one has the freedom to harm others without much consequence, especially if covered by an insurance policy.

Undercurrent contacted David Concannon, the lead attorney representing the plaintiffs in the Linnea Mills case, who says the charges in Montana could be negligent homicide, reckless endangerment, tampering with evidence, and misleading authorities. He told us that more facts were uncovered that have not been disclosed publicly and have been turned over to the prosecutor with a request to reopen the case.

U.K. Regulation and Accountability

In the U.K., to become a paid scuba instructor, one must, of course, be certified by a training agency (PADI, BSAC, SSI, RAID, etc.). Unlike in the U.S., those agencies' training programs have been reviewed and approved by the Health and Safety Executive, a government department. No such procedure exists in the U.S. (If it did, it's unlikely Mills would have died.)

A diving contractor - an employer such as a dive shop, an individual, or a self-employed instructor - takes on legal responsibilities. Diving instructors and paid assistants must pass a comprehensive HSE-approved medical examination annually to ensure they are fit to dive. They must hold a diving first-aid certificate, including therapeutic oxygen administration training.

The diving contractor must appoint (in writing) a diving supervisor, normally an instructor, for every dive. For any training dive, at least one person must be on the surface and two in the water. The instructor/supervisor will typically lead the dive, while another rescue-trained diver (normally a divemaster) must accompany the instructor. A third person who can manage an emergency must be at the surface, with an operational therapeutic oxygen set positioned near where the divers exit. Before diving, they must write a risk assessment of the dive site and hazards, and the dive must be recorded in a detailed log. It's not required, but most instructors carry a separate bailout cylinder.

Diving contractors must ensure that the equipment they provide has been properly maintained. If students provide their own equipment, they must confirm (sign) that it has been maintained in accordance with the manufacturer's recommendations.

Specialist diving inspectors from the HSE conduct spot checks to see that regulations are followed; otherwise, they may levy substantial fines. HSE inspectors investigate any fatality.

Training agencies and dive instructors have complied with the HSE diving codes-of-practice for more than two decades [I contributed to them in an advisory capacity before the HSE introduced them in 1997]. Since then, few training fatalities have occurred, despite Britain's difficult and cold diving conditions.

PADI's Actions

After the Mill's settlement, on March 8, PADI sent a memo to its instructors and dive centers, exhorting them to elevate dive safety culture with the supreme importance of vigilance and sound management. CEO Drew Richardson reminded PADI members to stay within safe diving practices, with safety overlaps, and to always be on duty when it comes to safety. He wrote, "When a dive instructor neglects standards, disregards required equipment, or flouts established practices, they not only increase the likelihood of an unnecessary tragedy, but they can also be difficult or impossible to defend reasonably."

Linnea's mother told Undercurrent: "PADI . . . . has not expressed condolences publicly for Linnea's death, and it still causes me pain. . . ."

Regulate Dive Training in the U.S.?

While people call for the regulation of scuba training from time to time, especially after tragic and unnecessary deaths like that of Linnea Mills, there is little, if any, chance of government regulation. In the '60s and '70s, Los Angeles County had some regulations and still seems to have a few simple outdated and ignored laws on the books. ("SCUBA diving shall not be conducted at depths greater than 100 fsw, unless a recompression chamber is ready for use or procedures have been established at the dive location for emergency evacuation of the diver(s) to a chamber.")

With 50 states and more than 3000 counties, a federal agency would have to step in, but with few training deaths a year in American waters, there is no interest and no incentive. It's not worth a debate.

After Mills' death, PADI made significant changes in instructor training, perhaps a condition of the settlement. We'll never know. But we do know, when it comes to self-regulated industries, lawsuits, not accountability, are the motivators for change.

John Bantin, Senior Editor

Error Correction. In Undercurrent's March article, we incorrectly named David G. Concannon's partner in Concannon & Charles. His name is Matt Charles. While they served as lawyers for the plaintiff in the Mills' case, they have defended dozens of lawsuits filed against members of the scuba industry.