Employer cited $730K for commercial diving standard violations after worker drowns during lake weed removal

The Minnesota Department of Labor and Industry's (DLI's) Minnesota OSHA (MNOSHA) Compliance has issued a $730,369 penalty to Your Lake Aquatic Plant Management, LLC, in Columbia Heights, Minnesota, for commercial diving standard violations after a worker drowned in May 2024 performing aquatic weed removal while using scuba diving equipment.

In November 2024, MNOSHA Compliance issued five willful violations of the commercial diving operations standard, 29 CFR sections 1910.401-.440. The investigation found:  employees did not have the experience or training necessary to perform work safely; employees were not trained in CPR and first aid; an employee was not designated to be in charge of all aspects of the diving operation; a safe-practices manual had not been developed or maintained; and a standby diver was not available while diving operations took place.

"Every person should be able to go to work and come home safely. This was a tragic and preventable loss," said DLI Commissioner Nicole Blissenbach. "It's the responsibility of all employers to follow health and safety laws and keep their employers safe at work."

The employer, Your Lake Aquatic Plant Management, has filed a Notice of Contest.

This is the second Minnesota worker drowning since June 2022 that involved employees using scuba diving equipment while performing aquatic weed removal in a lake.

The process of aquatic weed removal includes hazards such as:  physical exertion from pulling, hauling and carrying weeds and bundles; highly variable water conditions, including fluctuating temperatures, visibility, depths and currents; and exposures to adjacent structures and equipment, including docks, dams and boat traffic, plus marine life and vegetation.

Employers conducting operations involving aquatic plant removal and disposal must comply with Subpart T Commercial Diving of 29 CFR 1910. Read more about these regulations on page 7 of MNOSHA’s July 2024 edition of Safety Lines.

For information about developing a workplace safety and health program and for additional information about diving hazards, visit MNOSHA's Safety and health at work webpage and federal OSHA's Commercial Diving webpage.

Employers can also contact MNOSHA Workplace Safety Consultation, which helps employers that want to learn how to improve safety and health at their worksite, at osha.consultation@state.mn.us, 651-284-5060 or 800-657-3776.

Media contact:  James Honerman at 651-284-5313 or james.honerman@state.mn.us.