Health and Safety Executive (HSE) highlighted the importance of safe practices when diving after a fatality at a canal lock.
Following a prosecution that arose from a diving fatality in Gloucestershire on15 October 2004, HSE has warned that planning, identifying known risks and managing diving when undertaking construction works are all vital.
The warning comes after British Waterways, of Willow Grange, Church Road, Watford, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 and two breaches of Regulation 3 (1) (b) of the Management of Health and Safety at Work Regs 1999.
Sea Technical Services Limited (STS), of Blythewood House, Lake Road, Curdridge, Nr Botley, Hampshire, also pleaded guilty to breaching Regulation 6 (1) of the Diving at Work Regs 1997, and Christopher Robert Drake of the same address (the diving supervisor) pleaded guilty to breaching Regulation 10 (1) (a) (i), Diving at Work Regs 1997.
At Gloucester Crown Court today (25 September 2009), British Waterways was fined £80,000 for the HSWA charge and £3,500 for each of the two of Regulation charges (total fines £87,000) plus ordered to pay costs of £75,000.STS was also fined £15,000 for its one breach and ordered to pay costs of £6,000. And Christopher Drake was fined £6,000 for his one breach and ordered to pay costs of £2,000.
HSE prosecuted the companies and Mr Drake following an incident in which construction diver, David Moore (29) was fatally injured at Upper Lode Lock, Tewkesbury, Gloucestershire.While Mr Moore was involved in construction work on the upstream side of a temporary dam, a seal at the bottom holding back the water failed and he was sucked against the wall of the dam because of the immense pressure. The force prevented him from breathing or from being pulled to safety by colleagues.After some minutes, he was pulled out of the lock and taken to hospital but was later declared dead.
Speaking after the hearing, HSE Diving Inspector, Pete Sieniewicz, said:
"This case has resulted from the committed efforts of both ourselves and the Gloucestershire Police over several years and has highlighted the serious hazard of differential pressure to divers, especially to those working on construction projects."
"The importance of planning and managing major projects - such as the one in this case - cannot be emphasised enough.In my opinion, it is not good enough to make decisions on the hoof or try and deal with a problem as things start to go wrong.You cannot take a gamble with peoples' lives."
"The problem of differential pressure highlighted by this case is so important that we are about to publish health and safety guidance to the diving industry, based on research in this area.Hopefully, this will help to reinforce our safety message to the industry as a whole and prevent further tragic incidents of this kind."
"My thoughts are with Mr Moore's fiancée and family."
British Waterways pleaded guilty to breaching Section 3 (1) of the Health & Safety at Work etc. Act 1974, in that: 'it failed to conduct its undertaking in such a way as to ensure, so far as was reasonably practicable, that persons not in its employment who might be affected thereby, including David Moore, were not thereby exposed to risks to their health and safety whilst installing temporary dams as part of a dewatering project at the said lock....'.
British Waterways pleaded guilty to breaching Regulation 3 (1)(b) of the Management of Health and Safety at Work Regulations 1999 in that: 'it failed to make a suitable and sufficient assessment of the risks to the health and safety of persons not in its employment, including David Moore and Nicholas Byrom, arising out of or in connection with the conduct of its undertaking, in particular the construction and sealing of the temporary upstream dam.....'.
British Waterways pleaded guilty to breaching Regulation 3 (1)(b) of the Management of Health and Safety at Work Regulations 1999 in that: 'it failed to make a suitable and sufficient assessment of the risks to the health and safety of persons not in its employment, including Alexander Georgiou, Stephen Williams, Damon Jones, Ian Harmer and Peter Davies, arising out of or in connection with the conduct of its undertaking, in particular the construction and sealing of the temporary downstream dam......'.
Christopher Robert Drake being a supervisor within the meaning of Regulations 6(2)(b) and 9 of the Diving at Work Regulations 1997 ("the Regulations") appointed to supervise the diving operation to install and seal the temporary upstream dam, and contrary to Regulation 10 (1)(a)(i) of the Regulations' pleaded guilty to failing 'to ensure that the diving operation was carried out so far as was reasonably practicable, without risk to the health and safety of all those taking part, including Mr David Moore.......'.
Sea Technical Services Limited 'being a diving contractor within the meaning of Regulation 5 of the Diving at Work Regulations 1997 ("the Regulations") and contrary to Regulation 6 (1) of the Regulations' pleaded guilty to failing 'to ensure, so far as was reasonably practicable, that its diving project was planned, managed and conducted in a manner which protected the health and safety of all persons taking part in the project, including David Moore, Alexander Georgiou, Nicholas Byrom and Philip Lindsell, ......'.
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Issued on behalf of the Health and Safety Executive by COI News and PR South West and Wales.
Regional reporters should call the appropriate Regional News Network press office who act as HSE's Press Office throughout Great Britain.
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