Kiana Sail and Dive Pty Ltd
Incident description:
A tourist diver nearly drowned while on her first recreational dive from a boat which regularly hosted recreational dives. Four divers and a diving instructor were swimming to deeper water when one of the divers lost sight of the instructor at the front of the group. The diver experienced problems with equalising the pressure in her ears and panicked. She lost some of her equipment, swam to the surface and waved for help for about 30 seconds before losing consciousness. A worker on the boat nearby saw the diver waving for help and immediately went over to her. Just before the worker reached her, the diver sank to the seabed 3.5 metres below. The diving instructor found her and brought her back to the surface within seconds, but the diver was already unconscious. The diver was revived on board the boat. The diagnosis was near drowning and 'cerebral arterial gas embolism'.Investigation findings:
Although the lapse of supervision of the diver was only momentary, the events were still able to occur within that short period of time.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Proper supervision in accordance with the Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2010 would have prevented the incident.
Obligation holders should consider the requirement of the Recreational Diving, Recreational Technical Diving and Snorkelling Code of Practice 2010, section 2.1 - Risk Management and section 2.3 - Control measures for all recreational diving and recreational technical diving. They should also consider the Workplace Health and Safety Regulation 2008 in particular section 180 Look Out Rescuer, (a) be positioned to see the whole diving area of diving (c) be able to recognise relevant hazards, (d) rescue a diver or direct a person who is immediately available and capable of rescuing a diver and section 181 Supervision of Resort Divers.
Court result:
The company entered a plea of guilty and was fined $20,000 with no conviction recorded.
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Industry:
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Recreation services
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Defendant:
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Kiana Sail and Dive Pty Ltd (ABN 87 112 999 265)
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Date of offence:
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16 May 2006
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Location of offence:
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Hook Island - Whitsunday group
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Injury:
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Near drowning
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Offence:
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Bodily harm
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Court:
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Proserpine Industrial Magistrates Court
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Magistrate:
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Ms Annette Hennessy
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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10 July 2007
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Penalty:
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$20,000
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Maximum fine available:
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$281,250
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Investigation costs:
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$1,500
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Professional and legal costs:
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Nil
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Court costs:
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Nil
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In default period to pay:
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18 months
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Conviction recorded:
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No
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CIS No.:
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E49768
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