Blue Planet Tours Pty Ltd

Incident description:

On 5 December 2007, members of a tour group encountered difficulties whilst swimming when currents swept them out of the protection of Honeymoon Bay. A member of the group was swept out into the open waters of the bay and was last seen face down and motionless. Although his body was not recovered, it is presumed he drowned.

The investigation found the person presumably drowned whilst on an island tour conducted by Blue Planet Tours Pty Ltd.

The investigation identified Blue Planet Tours Pty Ltd held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The investigation revealed the defendant allowed the participants to swim at the beach in Honeymoon Bay. It had identified that 'water' was a hazard during swimming activities and sought advice from Surf Life Saving Queensland about conducting water activities. It was identified during this consultation that there was a need for trained life guards to supervise tour members' swimming activities. The investigation found that none of the beaches on Moreton Island were patrolled by surf life savers. The tour guides were unaware of the company's administrative procedures relating to swimming activities and did not have life saving or rescue training. Participants in the tour were not assessed on swimming abilities and no equipment was available on the tour to carry out an emergency surf rescue.

Court result:

Blue Planet Tours Pty Ltd pleaded guilty in the Brisbane Industrial Magistrates Court on 4 February 2009 to breaching s.24(1) Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations.

The court took into account Blue Planet Tours Pty Ltd had not been prosecuted previously for workplace health and safety breaches, co-operated with the investigation and expressed remorse over the incident in ordering that no conviction be recorded.

Industrial Magistrate Ms Wendy Cull ordered Blue Planet Tours Pty Ltd pay a penalty of $58,000 as well as investigation and professional costs totaling $7056.

Considerations for prevention:

When engaged in a water activity or tourism industry/business where there is an exposure to risk of drowning, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves identifying the hazards, evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with water activities, obligation holders should consider attending a location that is patrolled by trained life guards or ensure trained life guards are provided at alternate locations. Considerations should be given to the factors that increase the risks including environmental conditions and the physical abilities of tour participants.

Obligation holders should also ensure that tour guides are provided with information, instruction and training on the safe operating procedures to follow when conducting water activities.

Advice should be sought from Surf Life Saving Queensland and The Royal Life Saving Society Queensland prior to commencing the water activity.

Visit the Workplace Health and Safety Queensland website for more information on:

• hospitality, recreation and other services industry health and safety information
• managing risk
• training staff and using control measures to manage risks
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007.