St. Paul, MN — Bipartisan legislation that would bolster protections for workers who use scuba gear while destroying or harvesting aquatic plants is awaiting the signature of Minnesota Gov. Tim Walz (D).
Introduced by Rep. Dave Baker (R-Willmar) and Sen. Liz Boldon (D-Rochester), the Brady Aune and Joseph Anderson Safety Act (H.F. 1355 and S.F. 1346) would require workers performing those duties to have open-water scuba certification.
The legislation is named in honor of two workers who died in separate scuba diving incidents in 2022 and 2024. On March 11, the parents of Aune and Anderson spoke to the House Workforce, Labor, and Economic Development Finance and Policy Committee about their sons’ deaths, describing how little to no training, inadequate equipment and insufficient supervision contributed to the incidents.
The Senate advanced the bill with a 54-10 vote on April 10, seven days after the House approved its version with a 127-0 vote.
The legislation would also require the use of buoyancy control devices – which help divers resurface quickly in an emergency – and illuminated dive beacons, along with a standby diver who’s nearby to monitor the safety of the diver in the water. All employees would be required to complete CPR and first aid training.
Meanwhile, employers who apply for a commercial mechanical control permit to perform underwater work would have to verify that a third-party onsite hazard survey has been completed within the past year by a “qualified safety professional who observed the applicant’s work using scuba diving equipment.”
A written report of that observation would have to include an evaluation of specific safety practices, equipment and training.
Permit applications could be denied if an employer has one or more willful workplace safety violations related to scuba diving in the past two years.
If signed by Walz, the legislation would go into effect Oct. 1.
