Fun Pty Ltd

Incident description:

A child drowned when he fell from a water toy at a local water park. The water park operated a large air filled tube called 'The Rocket' which sat on the surface of the pool. Children and adults run along the length of the toy and invariably fall off into the pool.

WHSQ investigation findings:

While there was one employee supervising The Rocket's use the employee did not have formal lifesaving or swimming certification. It was also found that the positioning of the The Rocket over the pool blocked visibility below it. With the supervisor standing at the side of the pool a blind spot restricted the view below The Rocket. While the product manufacturer supplied a manual at sale and electronic information was available on the web for the safe use of the inflatable toy, the company claimed it was not aware of either.

Court result:

The defendant was found guilty and fined $25,000. No conviction was recorded.

Considerations for prevention:

While the company had implemented a system of supervision for the water park and adopted the minimum ratio of lifeguards recommended by Royal Life Saving Society Australia, the company failed to comply with the 'line of sight' requirements recommended by the Society and the manufacturers of The Rocket.

Visit the Health and Safety Executive's (HSE) and the Workplace Health and Safety Queensland websites for more information on:

• managing health and safety in swimming pools (non-Queensland Government link), and
• conducting risk assessments.