AD 2016 Q2
As we pointed out in the spring 2013 edition of the Alert Diver, even being a dive buddy has potential legal implications. So, to bump this up a notch, what about the diver training organisations themselves? Where do they stand? How do they relate to South African law? Are they all considered the same under our legal system in spite of the differences in organisational structures and training programmes? How does this affect their respective instructors and trainee divers from a legal perspective? These are not exactly simple questions. It is certainly true that the respective training organisations differ in a number of ways. However, this does not imply that there are necessarily differential legal implications for each of them. In fact, under South African law, the legal principles are common in all matters. Therefore, if you suffer a loss and you (or your estate in the case of a fatality) wish to recover damages, the legal principles would be applied commonly; whether you are driving or diving. Although not a frequent occurrence, there have been quite a number of law suits associated with diving injuries and damages in South Africa. This is not surprising, as the occurrence of law suits is really a function of “numbers”. As training increases, so do the chances of injuries and, with it, the chances of legal recourse. So, it remains wise to insure yourself, your equipment or your business in a proper and effective way. But before getting back to the potential differences amongst the training agencies, let’s first explore the foundational legal principles on which any civil claim would be adjudicated: inherent risk, negligence and duty to take care.
As we pointed out in the spring 2013 edition of the Alert Diver, even being a dive buddy has potential legal implications. So, to bump this up a notch, what about the diver training organisations themselves? Where do they stand? How do they relate to South African law? Are they all considered the same under our legal system in spite of the differences in organisational structures and training programmes? How does this affect their respective instructors and trainee divers from a legal perspective? These are not exactly simple questions.
It is certainly true that the respective training organisations differ in a number of ways. However, this does not imply that there are necessarily differential legal implications for each of them. In fact, under South African law, the legal principles are common in all matters. Therefore, if you suffer a loss and you (or your estate in the case of a fatality) wish to recover damages, the legal principles would be applied commonly; whether you are driving or diving.
Although not a frequent occurrence, there have been quite a number of law suits associated with diving injuries and damages in South Africa. This is not surprising, as the occurrence of law suits is really a function of “numbers”. As training increases, so do the chances of injuries and, with it, the chances of legal recourse.
So, it remains wise to insure yourself, your equipment or your business in a proper and effective way. But before getting back to the potential differences amongst the training agencies, let’s first explore the foundational legal principles on which any civil claim would be adjudicated: inherent risk, negligence and duty to take care.
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TRANSLATING FUNCTIONAL FITNESS<br />
TEST RESULTS<br />
Aerobic capacity (VO 2 max ) is defined as the maximum<br />
amount of oxygen that can be consumed per unit of<br />
time. This is classically determined with a continuous,<br />
progressive exercise test to exhaustion. While too involved<br />
for general use, VO 2 max is a standard for referencing<br />
overall fitness. The complicated units of milliliters of<br />
oxygen consumed per kilogram body mass per minute<br />
(mL/[kg·min -1 ]) can be simplified by converting VO 2 max<br />
values into metabolic equivalents (METs). MET max<br />
is determined by indexing VO 2 max to resting oxygen<br />
consumption (assumed to be 3.5 mL·kg -1·min -1 , or 1 MET).<br />
The higher the MET score, the higher the aerobic fitness.<br />
An example of the conversion follows:<br />
MET capacity (MET max ) = VO 2 max (in mL·kg -1·min -1 ) ÷ 3.5<br />
e.g., 49 mL·kg -1·min -1 (VO 2 max ) ÷ 3.5 = 14 METs<br />
GETTING FIT FOR DIVING<br />
The key to being physically fit to dive is to find a way to<br />
stay active. The goal is to build or maintain reserves to<br />
delay the point at which activity patterns have to decline.<br />
Optimally, divers will be significantly physically active<br />
daily and bolster this with 30-60 minutes of trainingquality<br />
activity three to four times per week. A mix of<br />
activities is generally best to reduce the risk of injury and<br />
boredom. (For suggested exercises, read our Dive Fitness<br />
articles in each issue or online at AlertDiver.com.)<br />
Physical training should target three key elements:<br />
strength, aerobic capacity and flexibility. Low-impact<br />
activities reduce the risk of injury, and activities that<br />
involve water provide the added benefit of improving<br />
comfort in the diving medium.<br />
FIELD MEASURES OF PHYSICAL FITNESS<br />
We conduct field evaluations of diver physical fitness as<br />
part of many of our research studies. We record a variety<br />
of measures to provide a snapshot for participants, often<br />
motivating them to improve their numbers.<br />
BODY MASS INDEX (BMI)<br />
Body mass index (BMI) is not a measure of body<br />
composition; it is simply a ratio of weight to height (weight<br />
in kilograms divided by squared height in meters). Despite<br />
this, BMI is used to predict body composition since it is<br />
more common for an increase to reflect an accumulation<br />
of fat than lean tissue. While convenient, BMI can provide<br />
a poor estimate on an individual basis, requiring common<br />
sense for interpretation. With this caution in mind, those<br />
with BMI values outside the desirable range should have<br />
their body composition evaluated further. If a high BMI is<br />
the result of excess fat, lifestyle changes that incorporate<br />
additional exercise and dietary changes are recommended.<br />
Table 2. BMI measurement classifications<br />
NEAL POLLOCK<br />
A diver with good buoyancy control should work little<br />
during a typical dive. A skilled diver swimming at<br />
no more than 0.5 knot could be working at around 3<br />
METs. A diver maintaining a pace of 1.2 knots could<br />
be working in the 10-12 MET range. We inferred<br />
workrate from open-circuit gas consumption during<br />
959 recreational dives and conservatively estimated a<br />
mean workrate of 5 METs. 3<br />
Classification BMI (kg·m -2 )<br />
Underweight
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