Published: 21 November 2024
Stelkea Pty Ltd, which was trading as Australian Diving Instruction, was sentenced without conviction in the Geelong Magistrates' Court on Thursday 14 November after pleading guilty to one charge of failing to provide a safe workplace.
The company was also ordered to pay costs of $4,386.
In October 2022, the volunteer dive instructor was filling scuba cylinders with compressed air at the company's Drumcondra workplace, in accordance with standard procedure.
As he was closing the valve on one of the cylinders the worker heard a whistling noise and within seconds the cylinder exploded.
The worker's left leg was severed below the knee and he suffered severe injuries to his right foot, requiring emergency surgery. The shop's windows were blown out, debris was scattered throughout, and the building sustained internal structural damage.
Australian Standards require scuba cylinders to be visually inspected and pressure tested at a certified testing station every 12 months, with those that have been tested and passed requirements subsequently referred to by the industry as "in test", and those that have not been tested in the past 12 months referred to as "out of test".
WorkSafe's investigation found the cylinder that exploded was out of test and it was not clear when it was last tested. Further information provided by the company showed more than half of the 53 scuba cylinders in use at the workplace were out of test.
The court found it was reasonably practicable for the company to reduce the risk of scuba cylinders exploding by ensuring cylinders that were out of test were clearly separated from cylinders in test.
WorkSafe Executive Director of Health and Safety Sam Jenkin said the failure to comply with simple safety standards had dire consequences.
"This is a horrific and preventable incident that has sadly left a worker with life-changing injuries," Mr Jenkin said.
"It is particularly disturbing to see the failure in this case given diving is an industry where keeping equipment properly maintained and ensuring it complies with appropriate standards can be the difference between life and death."
Recommended ways to control risks when filling scuba cylinders:
- Ensure cylinders undergo regular testing and do not fill a cylinder without evidence of a valid inspection/test date within the last 12 months.
- Do not fill or use a cylinder if there is evidence of damage such as surface gouging, dents, broken fittings, corrosion or rust.
- If a cylinder leaks whilst filling, immediately cease filling, discharge the cylinder and evacuate the area.
- Do not fill a cylinder at a pressure greater than the working pressure stamped on the cylinder – if in doubt of the cylinder’s working pressure seek further advice from the manufacturer.
- Use proper cylinder filling equipment, follow standard procedures and refrain from fast filling. Filling should only be performed by a suitably competent person.
- Never tamper with the valve unit, safety valve fitting or rupture disc.
- Do not allow contaminants such as salt water or moisture into a cylinder or allow a cylinder to come in contact with fire, direct sunlight or high temperatures.
- Flexible connections (filling hoses) should be suitably restrained before filling to prevent sudden movement if the hose bursts or disconnects when pressurised.