Delise and Hall

12/12/2025

I had a great meeting with Bill Snyder, Council Representative for Wharf and Dock Builders, Piledriivers - Eastern Atlantic States Regional Council of Carpenters, at the Underwater Intervention in New Orleans last week.

IF YOU ARE A COMMERCIAL DIVER PLEASE CONSIDER JOINING THIS UNION.

Dive safe......and Happy Holidays.

Bobby D

12/07/2025

I was very honored to present my talk entitled "The Legal Rights and Obligations of the Commercial Diver" at the Underwater Intervention" this week in New Orleans. Thanks for the invitation.

Dive safe.

Bobby Delise

11/12/2025

On 3 December at 13:00 I will be making a presentation " Legal Rights and Obligations of a Commercial Diver" at Underwater Intervention during the International Workboat Show in New Orleans.

Please join me as I speak on behalf of the commercial divers of the US.

Bobby Delise

08/11/2025

https://www.linkedin.com/pulse/why-minimum-5-man-dive-team-john-carl-roat-8jhyc?fbclid=IwY2xjawMG7qVleHRuA2FlbQIxMQABHnzdtcclJl3FcVtDWVeYn3TvD-NNK20D-Atm-JTTq94NNZJTkutb8lOT5AMs_aem_wGLsTFgxRe9eOMzyQz2Nsg

Why A Minimum 5 Man Dive Team!

08/10/2025

https://diversinstitute.edu/programs/specialized-training/kirby-morgan-hat-technician-course/

As a diver, your life depends on your helmet. In the Kirby Morgan Hat Technician course, you’ll learn how to fix and maintain this critical piece of equipment.

08/08/2025

https://news.oilandgaswatch.org/post/even-with-gulf-drilling-down-trump-administration-weighs-expanding-drilling-to-new-coasts

The number of oil and gas drilling rigs operating in the Gulf of Mexico today is about half of what it was a year ago, with 10 rigs working on June 27, compared to 19 a year earlier. In the face of this slump, the oil and gas industry is lobbying the Trump Administration to expand drilling rights in...

07/18/2025

HURRICANE PREP

EVERY YEAR I POST THIS ON HURRICANE PREPAREDNESS OFFSHORE

Hurricane season brings with it special challenges for divers. Here are my thoughts about the legal obligations of marine contractors when faced with an impending storm.

Riding out a hurricane several miles on land is a frightening experience for the most stalwart among us. Riding out a hurricane offshore defies description. Only the most blessed live to tell the story.'

Mariners across the Gulf Coast have recently experienced more storms than the “old-timers” can recall. Unfortunately, the recent storms have claimed far too many maritime casualties related to improper emergency evacuations.

What is the legal responsibility of a maritime employer or vessel owner to evacuate their employees or passengers as a hurricane approaches?

Duty to Protect

Unlike land-based worksites the offshore environment presents several unique challenges for the maritime worker. “Commuting” to a mariner’s workplace involves not only exposure to the “perils of the sea” and but a strict reliance on others for transportation to and from oilfield platforms, drilling rigs or “on location”.
Under the admiralty law a maritime employer of “seamen” must exercise reasonable care in the evacuation of its personnel during hurricane season or times of perilous weather. The employer must take all reasonable precautions in the securing information concerning approaching weather, potential effects of the storm and the timeline for the storm’s arrival. Once it becomes probable that the storm’s fury will present a risk of harm to its personnel the employer is duty bound to provide safe and secure evacuation to safe harbor. Under the law the “duty to protect” life primes any concern, including the value of equipment or job completion.

Likewise, a maritime contractor in the business of transporting personnel to and from offshore facilities or work sites must do everything in its power to ensure that the voyage is conducted in the safest manner possible. The vessel owner must ensure that its crew is competent and that its vessel is fit.

Federal agencies have enacted statutory mandates to protect offshore workers threatened by severe weather in the Gulf of Mexico. A most important mandate is the requirement to enact and publish an Emergency Evacuation Plan.

Emergency Evacuation Plan

In reviewing the actions of an employer in protecting the lives of its employers during hurricane or severe weather evacuation one first inquires as to whether the company published a severe weather guide or an emergency evacuation plan, also known as an “EEP”. A properly drafted specifies detailed actions necessary to prevent risk to personnel and equipment in the storm’s path.
The plan should provide specific action plans once the storm passes predetermined radius milestones from the work site.
Among an almost endless list of exigencies within the “action plans”, the company should identify transportation needs for “essential” and “non-essential” personnel.

Action plans for vessels should spell out when “evasive” action, rather than “flight to safe harbor’”, should be initiated. No plan can be too detailed.
Having an EEP is only the first step in protecting personnel from the wrath of an approaching storm. Practicing, perfecting and implementing the plan come next. Companies should practice implementing the plan until it becomes second nature. And, as we’ve seen in recent storms, failure to “follow through” with the EEP can be as dangerous as having no plan at all.

Two Landmark Admiralty Cases

As stated above, statutory and admiralty law a maritime contractor working in the Gulf of Mexico is obligated to prepare and execute when storms threaten. Failure to fulfill this obligation exposes the delinquent company to damages should an employee someone under their care sustains damages.

Two landmark maritime cases illustrate how companies who fail in their obligations to follow their EEP pay the price.
In 1995 a major diving contractor failed to evacuate a dive crew from a derrick lay barge working in the Bay of Campeche in anticipation of Hurricane Roxanne. As the storm approached the vessel began to sink while in tow the divers abandoned ship and jumped into the 30-35 foot seas. One of the divers filed suit and a judge trial convened in southern Louisiana.

In 2000 the court concluded that the diving contractor was negligent, in part, for failing to evacuate its dive crew from the barge in anticipation of Hurricane Roxanne’s arrival, in failing to order the barge’s tow to safe harbor and failure to execute the company’s EEP.

In a similar scenario another admiralty court reviewed the actions of a vessel in its evacuation of employees from a drilling rig in the Gulf of Mexico during Hurricane Danny in 1997. As the storm approached oil company representative decided, in adherence to its EEP, to evacuate 25 non-essential workers from the rig. The oil company contacted its charter vessel dispatching it to the rig to evacuate the workers.

The vessel arrived, picked up the worker and headed for safe harbor. Unfortunately, the vessel’s captain either failed to monitor the path of the hurricane or didn’t heed the National Weather Service’s report that the hurricane had turned sharply into the vessel’s course. The vessel encountered violent seas, heavy rains and rough seas. The vessel was blown off course and ran aground on a sand bar. The captain freed the crew boat and set out for deeper water to wait it out. Two workers sustained injuries in the 15 hour voyage, which under normal circumstances should have taken no more than 6 hours.

The admiralty court concluded that the vessel’s captain breached his duty to take of reasonable care to the passengers aboard the vessel. The seminal mistake of the captain, the court concluded, was his failure to monitor the weather updates and adjust his course accordingly.

The Bottom Line

On even the calmest days offshore, the maritime workplace exposes the professional mariner to what is termed in Admiralty Law, the “perils of the seas”. When Mother Nature unleashes her fury offshore the mariner is dependent on others to see him to safe harbor.

The admiralty law recognizes the obligation of an employer or vessel owner to not only recognize the this obligation but to also prepare to evacuate those under their care in a safe and professional manner.

Dive Safe
Bobby Delise

07/18/2025

Hurricane season brings with it special challenges for divers. Here are my thoughts about the legal obligations of marine contractors when faced with an impending storm.
Riding out a hurricane several miles on land is a frightening experience for the most stalwart among us. Riding out a hurricane offshore defies description. Only the most blessed live to tell the story.
Mariners across the Gulf Coast have recently experienced more storms than the “old-timers” can recall. Unfortunately, the recent storms have claimed far too many maritime casualties related to improper emergency evacuations.
What is the legal responsibility of a maritime employer or vessel owner to evacuate their employees or passengers as a hurricane approaches?
Duty to Protect
Unlike land-based worksites the offshore environment presents several unique challenges for the maritime worker. “Commuting” to a mariner’s workplace involves not only exposure to the “perils of the sea” and but a strict reliance on others for transportation to and from oilfield platforms, drilling rigs or “on location”.
Under the admiralty law a maritime employer of “seamen” must exercise reasonable care in the evacuation of its personnel during hurricane season or times of perilous weather. The employer must take all reasonable precautions in the securing information concerning approaching weather, potential effects of the storm and the timeline for the storm’s arrival. Once it becomes probable that the storm’s fury will present a risk of harm to its personnel the employer is duty bound to provide safe and secure evacuation to safe harbor. Under the law the “duty to protect” life primes any concern, including the value of equipment or job completion.
Likewise, a maritime contractor in the business of transporting personnel to and from offshore facilities or work sites must do everything in its power to ensure that the voyage is conducted in the safest manner possible. The vessel owner must ensure that its crew is competent and that its vessel is fit.
Federal agencies have enacted statutory mandates to protect offshore workers threatened by severe weather in the Gulf of Mexico. A most important mandate is the requirement to enact and publish an Emergency Evacuation Plan.
Emergency Evacuation Plan
In reviewing the actions of an employer in protecting the lives of its employers during hurricane or severe weather evacuation one first inquires as to whether the company published a severe weather guide or an emergency evacuation plan, also known as an “EEP”. A properly drafted specifies detailed actions necessary to prevent risk to personnel and equipment in the storm’s path.
The plan should provide specific action plans once the storm passes predetermined radius milestones from the work site.
Among an almost endless list of exigencies within the “action plans”, the company should identify transportation needs for “essential” and “non-essential” personnel. Action plans for vessels should spell out when “evasive” action, rather than “flight to safe harbor’”, should be initiated. No plan can be too detailed.
Having an EEP is only the first step in protecting personnel from the wrath of an approaching storm. Practicing, perfecting and implementing the plan come next. Companies should practice implementing the plan until it becomes second nature. And, as we’ve seen in recent storms, failure to “follow through” with the EEP can be as dangerous as having no plan at all.
Two Landmark Admiralty Cases
As stated above, statutory and admiralty law a maritime contractor working in the Gulf of Mexico is obligated to prepare and execute when storms threaten. Failure to fulfill this obligation exposes the delinquent company to damages should an employee someone under their care sustains damages.
Two landmark maritime cases illustrate how companies who fail in their obligations to follow their EEP pay the price.
In 1995 a major diving contractor failed to evacuate a dive crew from a derrick lay barge working in the Bay of Campeche in anticipation of Hurricane Roxanne. As the storm approached the vessel began to sink while in tow the divers abandoned ship and jumped into the 30-35 foot seas. One of the divers filed suit and a judge trial convened in southern Louisiana.
In 2000 the court concluded that the diving contractor was negligent, in part, for failing to evacuate its dive crew from the barge in anticipation of Hurricane Roxanne’s arrival, in failing to order the barge’s tow to safe harbor and failure to execute the company’s EEP.
In a similar scenario another admiralty court reviewed the actions of a vessel in its evacuation of employees from a drilling rig in the Gulf of Mexico during Hurricane Danny in 1997. As the storm approached oil company representative decided, in adherence to its EEP, to evacuate 25 non-essential workers from the rig. The oil company contacted its charter vessel dispatching it to the rig to evacuate the workers.
The vessel arrived, picked up the worker and headed for safe harbor. Unfortunately, the vessel’s captain either failed to monitor the path of the hurricane or didn’t heed the National Weather Service’s report that the hurricane had turned sharply into the vessel’s course. The vessel encountered violent seas, heavy rains and rough seas. The vessel was blown off course and ran aground on a sand bar. The captain freed the crew boat and set out for deeper water to wait it out. Two workers sustained injuries in the 15 hour voyage, which under normal circumstances should have taken no more than 6 hours.
The admiralty court concluded that the vessel’s captain breached his duty to take of reasonable care to the passengers aboard the vessel. The seminal mistake of the captain, the court concluded, was his failure to monitor the weather updates and adjust his course accordingly.
The Bottom Line
On even the calmest days offshore, the maritime workplace exposes the professional mariner to what is termed in Admiralty Law, the “perils of the seas”. When Mother Nature unleashes her fury offshore the mariner is dependent on others to see him to safe harbor.
The admiralty law recognizes the obligation of an employer or vessel owner to not only recognize the this obligation but to also prepare to evacuate those under their care in a safe and professional manner.
Dive Safe
Bobby Delise

03/20/2025

https://www.wjhg.com/2025/03/19/diver-found-dead-twin-caves-after-rescue-operation/

One diver dies and two others are rescued from a cave in Jackson County

01/15/2025

I was honored and privileged to speak before the students at the Ocean Corporation advising them of the legal rights and obligations of today's commercial diver.

Thanks to Mr. Richard Johnston and the Administration of the Ocean Corporation.

Bobby Delise

11/07/2024

Hope to see you there.

Dive safe,

Bobby Delise