HSE issues warning over recreational dive training

HSE press release E061:05 - 5 May 2005

The Health and Safety Executive (HSE) has warned those who make their living from recreational dive training to ensure it is adequately controlled and managed following the prosecution of a dive training company owner.

The warning comes after Richard Taffs, trading as Diventure Salcombe, was fined £2,000 at Totnes Magistrates' Court on Friday 15 April 2005. Taffs pleaded guilty to three offences: failing to adequately plan, manage and conduct a diving project, failing to ensure the safety of those taking part in the diving activity and failing to report a dangerous incident to HSE. The charges were brought under Regulations 6(1) and 10(1) of the Diving at Work Regulations 1997 and Regulation 3(1)(e) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), respectively. He was also ordered to pay prosecution costs of £2,000.

The prosecution followed HSE's investigation into an incident on 6 August 2002 when Nigel Lindsey, a diving instructor employed by Taffs, suffered decompression sickness during an Advanced Open Water Course at Hope Cove in Devon. Whilst diving, one of the students in the party began a rapid ascent to the surface. Although Lindsey managed to catch him and slow him down, he subsequently required treatment for decompression sickness. The court heard that people on the dive were exposed to unnecessary risk because they were allowed to dive to a depth significantly greater than that stipulated by the Professional Association of Diving Instructors' (PADI) guidance. In addition, inspectors found that Lindsey did not have an approved medical certificate of fitness to dive and that Taffs failed to report the incident to HSE, as required by law.

Commenting on the prosecution, HSE Diving Inspector Judith Tetlow, said: "The message to the diving industry is clear: under the law, people who organise recreational dive training have a duty to ensure the safety of those taking part. In particular, it is vital that before any dive, a suitable risk assessment and diving project plan are prepared that identify potential health and safety risks and then a suitable system of work is put in place to manage them."

She added: "HSE has produced an Approved Code of Practice that provides advice and guidance on ensuring dives are carried out safely. Our diving inspectors are also happy to provide similar advice. If in doubt, diving providers should contact us."

On sentencing Taffs, the Chairman of the Bench said: "You [Taffs] have been found to have been reckless and negligent in that you failed to adequately plan, manage and conduct the dive and thus put at risk not only Lindsey but all the participants on it."

Notes to editors

• Regulation 6(1) of the Diving at Work Regulations 1997 (DWR) states: "The diving contractor shall ensure, so far as reasonably practicable, that the diving project is planned, managed and conducted in a manner which protects the health and safety of all persons taking part in that project."
• Regulation 10(1) of the Diving at Work Regulations 1997 (DWR) states: "The supervisor shall, in respect of the diving operation for which he has been appointed as supervisor -
  • ensure that it is carried out, so far as reasonably practicable -
• without the risk to the health and safety of all those taking part in that operation and of other persons who may be affected thereby;
  • before the commencement of the operation, ensure that each person taking part is aware of the contents of the diving project plan which relate to that operation; and
  • enter in the diving operation record the particulars required by regulation 6(4) during the course of the operation."
• Regulation 3(1)(e) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 states that: "Where there is a dangerous occurrence the responsible person shall -
• Forthwith notify the relevant enforcing authority thereof by the quickest practicable means; and

(ii) Within 10 days send a report thereof to the relevant enforcing authority on a form approved for the purpose of this sub-paragraph, unless within that period he makes a report thereof to the Executive by some other means so approved."

• The maximum sentence at Magistrates' Court for all three breaches is £5,000 each.
• A wide range of advice, guidance and useful links for all those involved in diving at work can be found on the HSE's website at: http://www.hse.gov.uk/diving/index.htm

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