HSE diving warning follows Sellafield prosecution

HSE Press Release E010:04 - 30 January 2004

British Nuclear Fuels Ltd (BNFL) has been fined £30,000 and ordered to pay costs of £20,783 today at Carlisle Crown Court. The fine follows a prosecution brought by the Health and Safety Executive (HSE) over a diving incident near the company's Sellafield nuclear site that almost cost a diver his life.

The company pleaded guilty to failing to comply with their duty under Section 2(1) of the Health and Safety at Work etc. Act 1974 in that they failed to ensure so far as was reasonably practicable, the health, safety and welfare of all its employees.

The prosecution follows HSE's investigation into an incident on 22 March 2003 whilst a BNFL diving team were engaged in checking underwater outfall pipes.

During the course of the operation the safety of a diver, Peter Whelan, was placed at risk when his airline became entangled in the propulsion unit of the diving support vessel from which he was working. This resulted in him being dragged from the seabed to the jet intake of the boat's starboard aft propulsion unit, banging his head repeatedly against the hull.

It took at least 25 minutes to rescue Mr Whelan during which time he was trapped hard against the vessel, breathing from his reserve bail out supply of air.

Colleagues attempted to rescue Mr Whelan, but experienced difficulties due to treacherous underwater conditions. He was cut free when it was established that he was trapped by his airline. He was brought to the surface where he was retrieved back on board the vessel.

The incident occurred because BNFL's systems were wholly inadequate and no recent suitable and sufficient risk assessment had been concluded for what was undoubtedly a hazardous task.

HSE Inspector Jim McCormick said: "Carrying out diving operations whilst the craft is under power is not a safe system of work. BNFL also did not to carry out a suitable risk assessment, failing to take into account the poor underwater conditions. Mr Whelan was in a potentially life-threatening situation. Had his helmet been damaged whilst trapped he could have been subject to a life support failure, resulting in a fatality.

"Approved codes of practice and guidance on diving exist and are available from HSE. Additionally HSE diving inspectors are available to advise on the management of health and safety aspects of diving at work."

Notes to editors

1. Section 2 (1) of the Health and Safety at Work etc. Act 1974 states that "It shall be the duty of every employer to ensure so far as is reasonably practicable the health and welfare at work of all its employees.

2. 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 (ACOP). The ACOP relevant to the work involved this case is 'Commercial diving projects inland/inshore'. The others are:- 'Commercial diving projects offshore', 'Recreational diving projects', 'Media diving projects' and 'Scientific and Archaeological diving projects'. For more information visit: http://www.hse.gov.uk/diving/osd/acop.htm.

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