BUFFALO, N.Y. — Buffalo Police released new details about the investigation into the death of Lt. Craig Lehner Saturday afternoon.
Officer Lehner died during a dive training exercise with the department's Underwater Recovery Team in the Niagara River. He went missing on October 13, 2017, and his body was recovered four days later on October 17th.
The Buffalo Police Homicide Unit was the lead agency in the investigation, but they worked with PESH — Public Employee Safety and Health. The agency looks into any on-the-job deaths of public employees.
Captain Jeff Rinaldo said PESH consulted with dive experts, the Occupational Safety and Health Administration (OSHA), and other police dive teams before reaching its conclusion.
The agency found that there are not currently clear standards for police dive teams. PESH concluded that police dive teams, including the Buffalo Police URT, need to comply with commercial diving standards.
PESH also found four serious violations and one "non-serious" violation concerning the Buffalo Police dive team and its operations.
2 On Your Side obtained a copy of the report and found these four serious violations:
1. The department did not ensure all members had training or experience in emergency procedures.
2. The Safe Practices Manual did not include adequate safety procedures.
3. The department did not have a sufficient breathing gas supply including reserves.
4. During the dive training on 10/13/17 members performed dives without a reserve breathing gas supply.
Captain Rinaldo said many issues have been corrected already, prior to the release of the PESH report. The department has 60 days (longer if necessary) to address any remaining violations.
Captain Rinaldo said he expects the department to be in full compliance in the allotted timeframe. He said the department will start submitting its proposed changes to the agency as early as next week.
PESH did not issue any fines.
Captain Rinaldo said the agency's findings are not an admission of guilt. He said he can't get into where liability rests because of pending litigation.
In July, Lehner's family filed a wrongful death lawsuit against City Hall and the Buffalo Police. The lawsuit contends the city and police department “violated and departed from” the rules and regulations guiding dive training.
Captain Rinaldo said the department always reevaluates and reassesses its operations.
"With any of our specialized squads we are always looking at newer equipment and training, the best that we can provide," said Rinaldo. "We're always auditing our teams. What is out there and what is the best. Any time you have a tragedy like this occur, you take a timeout. You review what you are doing, what could have been done better."
Captain Rinaldo said about a month ago an outside company came in and available team members were put through a swift water rescue training. The multi-day course addressed the latest dive standards.
The Buffalo Police Department has suspended its training in the Niagara River but says it is ready to respond to emergencies in the river if called to do so.