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S and W Investments Pty Ltd

Summary

Incident description:

On 2 February 2007 an occupational diver fishing for crayfish suffered decompression illness when using a 'hookah system' (a generator and hose used to supply air). The diver was forced to rapidly ascend when his main air supply was cut off.

WHSQ investigation findings:

This was not an isolated incident as the diver had experienced similar problems with his air supply in the past. The system of work employed was inadequate. Equipment was configured in such a way that the main air line could kink and the breathing system was prevented from being released from the diver's weight belt. This exposed the diver to increasing levels of risk during subsequent dives. It also found that no alternative emergency air (bailout bottle) was available during the dive.

Court result:

The defendant pleaded guilty and was fined $32,000. No conviction was recorded.

Considerations for prevention:

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

Employers should inspect the configuration of divers' air hoses and coupling assemblies to ensure they remain in alignment and the kink resistance of air hoses is maintained. Ensure a diver's weight system is configured so that if released in an emergency, it will not foul any other piece of equipment. Ensure each diver carries a bailout bottle of sufficient capacity to enable a safe return to the surface. Employers must undertake the risk assessment process prior to commencing diving operations. Each diver must read and sign the record made for this process.

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

Details
   
Industry:
Hospitality, recreation and other services
ANZSIC code:
0419
Defendant:
S and W Investments Pty Ltd
Defendant ACN:
-
Date of offence:
2 February 2007
Location of offence:
Waters off Forbes Island
Injury:
Decompression illness
Circumstance of aggravation:
Grievous bodily harm
Court:
Cairns Industrial Magistrates Court
Magistrate:
Mr Trevor Black
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
14 May 2008
Penalty:
$32,000
Maximum fine available:
$375,000
Investigation costs:
$1,694.25
Professional and legal costs:
$750
Court costs:
$65.40
In default period to pay:
Twelve months to pay, in default levy and distress
Conviction recorded:
No
CIS event no.:
59182