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Dr. Thomas Powell BSS, MBA, DBA, CFC, CCI 21 Anna Drive, Suite 101

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Dr. Thomas Powell BSS, MBA, DBA, CFC, CCI 21 Anna Drive, Suite 101 Dr. Thomas Powell B.S.S., M.B.A., D.B.A., C.F.C, C.C.I. 21 Anna Drive, Suite 101 Clayton, NC 27520 Phones: 910-584-9810 cell 919-747-9021 office Email: [email protected] EXPERT OPINION (Updated) of Dr. Thomas Powell In the Matter of Jon Del Bino, San Francisco Fire Department 1 PROFESSIONAL BACKGROUND: I am currently the owner of a scuba retail and training facility located in Piedmont region of North Carolina. I am an active instructor at various levels through six educational agencies associated with scuba diving. I have been active within the scuba community since 1994 and chose to become a professional in 2009. I have participated in approximately 6000 (+) open water dives and have taught approximately 1500 students. In 2007, I graduated with a bachelor’s degree in social sciences with a concentration in history. This was augmented with a master’s degree in business administration in 2009 and a doctoral degree in business administration in 2014. From 2009-2010, I participated in dive boat operation activities in the Florida Keys to include working as a mate, rescue swimmer, dive guide, dive instructor, and assistant (instructor development programs). In the middle of 2010, I traveled back to North Carolina to assist in the planning of a large scale dive-based resort. During that time I began working in a small scuba shop managing dive training and sales in Charlotte, North Carolina. This continued through the fall of 2011, when I opened my personal scuba retail and training business in Garner, North Carolina. Since that time I have participated in, and taught at various educational levels within multiple scuba diving fields to include all levels of public safety dive education and operations. I have also worked to assist in the development of new scuba diving course programs for various agencies. In the past half-decade, my training team and my business have grown to become a leading public safety training group within the United States. We have taught local, regional, state, and federal organizations at all levels. We also operate as a contract team available to assist other instructors and dive operations seeking to start or develop public safety training programs in their regions. Additionally, I have worked as a speaker and presenter for International Training at the Beneath the Sea trade show, the Dive Equipment and Marketing Association trade show, and have been published on topics including recreational, technical, and public safety diving. Please refer to the provided CV for a list of these publications. All of the opinions I express herein are expressed to a reasonable degree of professional certainty within the fields and areas of expertise listed in my CV and these other materials. THE ISSUE: On November 21st, 2016, I was contacted by Janelle Caywood referencing an issue regarding Jon Del Bino of the San Francisco Fire Department (SFFD). This communication reference was recommended by Emergency Response Diving International. Information was presented to me showing that the operational and training standards of the SFFD may have certain deficiencies that could lead to the possible death or injury of dive team personnel. Upon review, various faults were discovered. These faults include concerns regarding training policies and standards, equipment service, and equipment appropriation. My 2 understanding is that at this time, no formalized training standard has been implemented for the dive team by the SFFD. A proposed document including these guidelines was presented by Adam Wood to the SFFD, but to date, has not been formally mandated as departmental procedure in SFFD Water Rescue Training Manual. COMMON TRAINING STANDARDS FOR PUBLIC SAFETY DIVERS: Within the United States, there exists no national-level general standard for public safety diving. It must be stated that this is uncommon within the public safety community. Fire, law enforcement, emergency medical, and other rescue programs typically have national and state educational standards that can lead to larger accreditations. One example can be seen when a firefighter or emergency medical technician (EMT) applies to test for accreditation with the International Fire Service Accreditation Congress (IFSAC). This accreditation means that a firefighter or EMT has been recognized as trained on a national level and he or she can seek employment in different states without potential retraining. Dive training in the public safety realm was developed through need. In the 1960s various public safety personnel who had received private or military dive training were often asked to perform subsurface tasks as needed. As time passed and training possibilities became more prevalent, more departmental personnel were able to form teams to support departmental operations. As more time passed, departments realized that recreational training did not suffice for dive operations in potentially hazardous waters using unique equipment. Various organizations began to develop training programs that were vetted by insurance agencies that focused on the needs of public safety operations. These agencies included companies such as Emergency Response Diving International (ERDI), Dive Rescue International (DRI), and Life Guard Systems (LGS). Later, Underwater Criminal Investigations (UCI), the International Association of Nitrox and Technical Divers (IANTD), and the National Association of Underwater Instructors (NAUI) also developed programs. Out of all of these, Emergency Response Diving International also vetted every program to ensure compliance with federal Occupational Safety & Health Administration and National Fire Protection Association (NFPA) standards. The standards developed by these agencies have come to be known as “best industry practices” in regard to public safety diving. The programs developed by these agencies focus on the standardization of equipment, methods used to develop and use operational scenes, safe training practices, proper evidentiary recovery, diver safety, and liability protection. No recreational training program focuses on or has training protocols designed to teach divers the tasks associated with diving in contaminated water, decontamination, lifting heavy submerged objects using non-standard lift systems, and the communications associated with public safety diving. It must also be noted that organizations such as the Professional Association of Dive Instructors (PADI) do have programs such as the “public safety diver” course, but these courses are awareness-level programs that do not suffice as technician level training for departmental operations. This fact is stated in the academic slideshows associated with these programs. Many departments are not made aware of this fact and are often misled into believing their teams are trained in a proper fashion. The argument could be made that in June of 2016, an issue such as this was in part responsible for the death of a public safety diver, and the 3 injury to two others in central North Carolina. SAN FRANCISCO FIRE DEPARTMENT DIVE OPERATIONS: Per the document regarding SFFD dive guidelines developed by Adam Wood: “The primary purpose of the SFFD dive team is to rescue or recover people submerged in the waters of San Francisco. The team may also be called upon to assist in vehicle or evidence recovery along with the SFPD Marine Unit, but our major role is immediate response to any reported drowning or potential drowning. These guidelines are meant to assist the dive team in its activities, but they remain guidelines only. The dive leader at any incident has the authority to use his or her discretion when planning and carrying out a dive operation. Any SFFD diver may deviate from these guidelines to the extent necessary to prevent or minimize a situation which is likely to cause death, serious physical harm, or major environmental damage. The guidelines should be available to all members of the SFFD dive team, and should be studied along with Training Bulletin 94-1, Underwater Dive Operations.” “The Rescue Squads are the only SFFD units which carry dive equipment, and the members of the Rescue Squads make up the divers and tenders of the dive team. The captains of Rescue 1 and 2 have the authority to make all final decisions on dive team policies and practices. The captains are assisted by the Aquatic Rescue Committee and the Chief of Special Operations. At a dive operation, the dive leader should be a Rescue Squad officer, provided the officer is up-to-date with SFFD dive training, or a squad member appointed by the officer. The dive leader will communicate with the incident commander.” To date, Training Bulletin 94-1 has not been available for review. Following a request from Janelle Caywood, no department member, to include author Adam Wood, was able to find a copy. It must be noted that in the public safety community, the most educated and experienced individual on scene is often the individual tasked with assuming command of a scene or operation. This may be a rare instance when a senior officer is not best suited to provide operational oversight. Per the quote above, SFFD gives unit captains the ability to alter guidelines and policies as they may see fit, and command can be handed to a junior member should the need arise. DIVER QUALIFICATIONS: According to the SFFD Underwater Diving Operations document, all team divers must be certified as recreational divers prior to joining the dive team. Once a member joins, he or she has one year to complete a public safety diver course. No clarification is provided as to what the responsibilities of a diver may be before he or she is certified for public safety diving. My understanding is that at this time, SFFD follows a NAUI public safety diver standard for general training (since 2008). Until 2016, NAUI had no formalized public safety program. All “public safety programs” were self-written by private instructors and 4 approved by NAUI as distinctive specialties. The quality of any of these courses is not backed by the training agency and cannot be verified due to a lack of training materials and standards.
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