Dive Op fined $70k for diver's death

[kelemvor]

Scuba dive company to pay $70,000 after tourist dies at Cathedral Cove

A scuba diving company has been ordered to pay $70,000 in reparations for failing to keep a Taiwanese tourist safe after she died while on a dive in the Coromandel.

Cathedral Cove Dive and its director Russell Cochrane had earlier pleaded guilty to three charges under the Health and Safety in Employment Act 1992. The sentencing decision was released by Judge Menzies at the Hamilton District Court today.

WorkSafe chief inspector Keith Stewart said the victim's death was entirely preventable and put the blame firmly on the company.

The dive company failed to provide adequate supervision and fitted her with a buoyancy compensator device (BCD) which was too large for her and made it difficult for her to lift her head out of the water to breathe.

Does anyone know any of the details? It seems bizarre to me that a shop would get such a fine for someone renting ill fitting gear. I would have thought that determining fit would have been the responsibility of the renter. I know it was when I rented gear last. The only reasonable exception I can think of is an OW student.

Also "pleaded guilty" sounds like it was a criminal charge? Unless courts work differently in NZ.

 

[Wingy]

Totally different system which I believe is closely aligned to Australia's.

A fatality would have been heard in the coroners court of industrial relations tribunal depending on circumstance.

It is the responsibility of the business providing the service to ensure all equipment used by employees and customers be in safe working order and meets AUS/NZ standards,

Renting substandard equipment provides a clear breach of the act by failing to provide a safe working/operating environment,

A company pleading guilty means they accept liability and they are fine for the breaches and face loss of permit to conduct business in the form of a prohibition notice or continuation of trading under improvement notices and any other training/courses as deemed reasonable by the court magistrate.

Been a while since I worked in OSH but that's how it works here,,,there are no million dollar lawsuits. A bereaved family member may seek civil action in a civil court for compensation but that is an entirely different matter.

 

[Neilwood]

It looks like it was a Discover Scuba which changes responsibilities a bit imho: link

It also sounds like the ill fitting equipment was not the only issue - poor supervision as well of a DSD.

The family of a Taiwanese diver who drowned during a recreational SCUBA dive off the coast of Hahei in New Zealand two years ago will receive 70,000 in reparations.

The incident happened in November 2014 when the victim was left to swim out of the enclosed bay where diving was taking place unsupervised while wearing scuba equipment. She exhausted her air supply and was later on found dead in the water.

The diving operator and its director pleaded guilty to health and safety charges for failing to keep the victim safe. A reserved sentencing decision was released by the Hamilton District Court on Tuesday. No fine was imposed.

The victim was also fitted with a buoyancy compensator device (BCD) which was too large which made it even more difficult for her to lift her head out of the water to breathe.

“The ill-fitted equipment compromised the victim’s ability to try and breathe when her air supply ran out and the lack of supervision meant she was able to become separated from the dive supervisor and leave the sheltered bay. It also meant that she could not immediately notify someone of her distress nor be provided with assistance,” said WorkSafe Chief Inspector Keith Stewart.

“Water-related activities like scuba diving always come with the risk of drowning. As a professional diving operator, CCDL should have managed this obvious risk and been vigilant with their clients especially groups such as Discover SCUBA Dive Experiences where the participants have no experience.

“Sadly a woman has lost her life and a family have lost a mother because of failures by the company and its director to meet their legal obligations.”

 

[kelemvor]

It looks like it was a Discover Scuba which changes responsibilities a bit imho: link

It also sounds like the ill fitting equipment was not the only issue - poor supervision as well of a DSD.

Ah good catch. That makes more sense.

 

[iamrushman]

thanks for posting this information...

 

[clownfishsydney]

A decent amount, compare this to the AU$6500 (say NZ$6700 or US$4875) the dive company was fined for breaching OHS laws when Tina Watson died. They also pleaded guilty.

 

[Ken Kurtis]

A decent amount, compare this to the AU$6500 (say NZ$6700 or US$4875) the dive company was fined for breaching OHS laws when Tina Watson died. They also pleaded guilty.

Not to dredge this up again, and you and I know we disagree on this, but WHOLE different set of circumstances which include in this case the lack of anyone accusing the instructor (or dive shop) of trying to kill the DSD diver.

- Ken

 

[scagrotto]

I'd say the relevant difference is that while Tina Watson's skills weren't properly evaluated she was a certified diver who represented herself as being capable of conducting her own dive as part of a buddy team, and there were no allegations that the dive op provided unsuitable gear. That's substantially different than being a brand new diver doing a DSD and being provided with gear that's not suitable.

But don't let that stand in the way of your agenda.