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Myrmidon Corp Pty Ltd trading as Pro-Dive Townsville

Summary

Incident description:

An incident occurred near a boat which hosted recreational diving. Two recently certified recreational divers went for a dive together. A strong current swept the divers away from their boat. The divers surfaced and attempted to attract the attention of the lookout on the boat. Although both divers had been issued with high-visibility 'safety sausages', these devices deflated because they had holes in them. The divers were eventually rescued approximately five hours later and neither was injured.

Investigation findings:

Both the 'safety sausages' had multiple holes in them at the seams. During the pre-diving brief, the instructor gave information that there was some current but it was not strong. He based this information on what another diver had said who had been diving earlier that day.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

The company has since reviewed the high-visibility signalling devices supplied to certificated divers and now provides flag-style devices rather than inflatable safety sausages.

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.

Court result:

The company was found guilty and fined $12,500 with no conviction recorded.

Details
   
Industry:
Recreation services
Defendant:
Myrmidon Corp Pty Ltd (ABN 26 099 373 145) trading as Pro-Dive Townsville
Date of offence:
17 September 2005
Location of offence:
Townsville
Injury:
Simpliciter
Offence:
Simpliciter
Court:
Townsville Industrial Magistrates Court
Magistrate:
Mr Ross Mack
Legislation:
s.28(3) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
23 July 2007
Penalty:
$12,500
Maximum fine available:
$187,500
Investigation costs:
$1,500
Professional and legal costs:
$10,000
Court costs:
$64.20
In default period to pay:
1 month
Conviction recorded:
No
CIS No.:
E39853

 

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