LETCHWORTH DIVING SCHOOL PARTNERS FINED FOLLOWING HSE PROSECUTION

HSE press release: E199:03 - 7 October 2003

The two partners of Hydroactive Outdoor Pursuits, a Hertfordshire diving school, were each fined £3,000 and ordered to pay a total of £15,000 costs yesterday at Luton Crown Court (sitting at Bedford Magistrates' Court), after admitting that they failed to ensure that divers on a recreational diving course were not exposed to risks to their health and safety.

Craig Mainprize and Ian Wilson, partners of Hydroactive Outdoor Pursuits, Letchworth, each pleaded guilty to failing to comply with their duty under section 3 (1) of the Health and Safety at Work etc Act 1974 in that on the 17th and 18th March 2001, they "failed to conduct their undertaking in such a way as to ensure that persons involved in the recreational diving course, including Janet Reed, were not exposed to risks to their health and safety".

The prosecution followed an investigation by the HSE into the circumstances surrounding the death of Janet Reed, a student who was diving in an open water diving course run by Hydroactive Outdoor Pursuits on 18th March 2001. The HSE investigation revealed significant failings on the part of those running the course to comply with the provisions of the Diving at Work Regulations 1997.

Craig Mainprize and Ian Wilson admitted that the students on the course had been exposed to undue risk in that they failed to appoint a diving contractor in accordance with the regulations, failed to appoint a supervisor for the dives in accordance with the regulations and failed to prepare a proper diving project plan based on an assessment of the risks as required by the regulations. They did not accept that their admitted failings caused Janet Reed's death and the court sentenced them on that basis.

Both partners were fined £3,000. Counsel for the defence said in court that these were the heaviest known fines imposed on individuals in a case relating to recreational diving. Each partner was also ordered to pay £7,500 towards the cost of the prosecution.

HSE inspector, Gordon Clark said: "HSE is extremely keen to ensure that, where recreational divers are being taught to dive, these diving operations are run properly and safely. This case highlights the need to properly plan and manage dives in accordance with the Regulations to ensure the safety of all those involved. An approved code of practice and guidance exists under the Regulations and is available from HSE. Additionally our diving inspectors are always happy to advise on the management of health and safety aspects of recreational dive sites."

Notes to editors

1. Section 3 (1) of the Health and Safety at Work etc Act 1974 states that "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby, are not thereby exposed to risks to their health and safety".

2. Craig Mainprize and Ian Wilson of Hydroactive Outdoor Pursuits pleaded guilty to breaching section 3 (1) of the Health and Safety at Work etc Act 1974 at the Luton Crown Court (sitting at the Bedford Magistrates' Court) on Monday 6th October 2003.

3. The Diving at Work Regulations 1997 seek to control the hazards associated with diving at work. They apply to all commercial diving in Britain. Practical guidance on how to comply with these regulations is set out in five approved codes of practice: - 'Commercial diving projects offshore', 'Commercial diving projects inland/inshore', 'Recreational diving projects' and 'Media diving projects and Scientific and Archaeological diving projects'. For more information visit: http://www.hse.gov.uk/hid/osd/diving/acop.htm.

4. General advice on diving can be found on the HSE website at: http://www.hse.gov.uk/diving/index.htm

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