J Cross Diving Services, a self-employed sole trader, has been fined $25,000 and had a conviction recorded after a diver died in 2022 during a dive offshore from Barwon Heads.
On 9 April 2022 the diver used a cylinder filled by J Cross Diving Services which was later found to contain 59ppm of carbon monoxide (CO). For compressed air to comply with the requirements contained in the Australian Standard AS 2299.1:2015 ‘Occupational Diving Operations’, it must not contain a CO concentration of more than 5ppm.
Mr Cross used a petrol operated air compressor to fill dive cylinders for customers of his business. The compressor was set up inside a shed on his property. They way in which the compressor was set up meant that exhaust fumes from the compressor could enter the air inlet and contaminate the air that was being put into dive cylinders. The set up of the air compressor was contrary to guidance provided in the operator’s manual.
WorkSafe Inspectors attended the business after the fatality and seized several dive cylinders for testing. Six cylinders returned test results ranging from 59ppm to 92ppm.
Persons who breathe air containing elevated levels of CO while performing underwater activities are exposed to risks of stroke, heart attack, impaired swimming speed and endurance (with obvious associated risks), loss of consciousness, drowning, nausea or headache.
Mr Cross pleaded guilty to a single charge under s.24(1) of the OHS Act for failing to reduce, so far as was reasonably practicable, the risk of persons being exposed to elevated levels of CO by failing to set up his compressor as per the safety guidance in the operator’s manual.
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