AP Vessel Management Pty Ltd

Incident description:

On 23 May 2008, two people sustained injuries after they were left at sea for over 18 hours whilst recreational diving.

The court acknowledged AP Vessel Management Pty Ltd operated a recreational diving trip on which the two injured people were participating customers.

The court found the defendant held obligations under s.28(1) of the Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

Investigation findings presented to the court alleged the incident occurred while a group of 20 people were travelling on the Pacific Star for a recreational diving trip to Bait Reef, off the Whitsunday Islands. The two injured people were not accounted for aboard the vessel prior to its departure from the reef, and were left at sea. 

The investigation findings presented to the court revealed:

• the defendant failed to adequately manage the risk to the divers' safety
• the defendant failed to appropriately follow a system of work to log the divers in and out of the water
• the defendant failed to follow its own procedures and relevant regulations and codes.

Court result:

The defendant pleaded guilty in the Proserpine Industrial Magistrates Court on 17 August 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Mr Athol Kennedy ordered the defendant pay a penalty of $25 000 as well as investigation, professional and court costs totalling $4315.40.

In deciding on the penalty imposed, Industrial Magistrate Kennedy took into account the defendant had not been prosecuted previously for any workplace health and safety breach, cooperated with the investigation and entered an early plea of guilty.

Industrial Magistrate Kennedy noted it was not a lack of procedures which lead to the divers being left at sea for 17-18 hours – it was lack of following procedures which almost lead to disaster.

Considerations for prevention:

When working in the recreation services industry where there is exposure to risks from underwater diving, 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 and implementing control measures to prevent or minimise the level of the risk from the hazard
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding and implementing control measures associated with the risk of leaving a diver behind, obligation holders should consider the legislative requirement that a verified count of the divers on board is conducted and an appropriate record is made prior to leaving a dive site.

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

• Managing risk
• Employer training options
• Training staff
• Recreational Diving, Recreational Technical Diving and Snorkelling Code of practice 2010
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995