ADAS is aware of the Recommendations made by the Coroners Court of New South Wales…
In April 2014, Luqmanulhakim Bin Moien, an Occupational SCUBA student, sadly died during diver training at the New Zealand School of Commercial Diver Training (NZSCDT) an ADAS accredited training establishment. The subsequent investigation into this tragic incident led to prosecutions against the New Zealand School of Outdoor Studies (NZSOS), (trading as NZSCDT) and the dive supervisor, Mr Tony Te Ripo.
The School (NZSOS) was charged with and pleaded guilty to being in control of a workplace and failing to take all practicable steps to ensure that a drowning hazard did not result in harm.
The dive supervisor, Mr Te Ripo, pleaded guilty to failing to take all practicable steps to ensure that no action or inaction of his while at work harmed any person.
In presenting his findings on the 29th of February, 2016, Judge Menzies fined NZSOS $53,625 (NZD) and ordered it to pay reparation and costs of $150,610 (NZD). Mr Te Ripo was also fined $10,000 (NZD).
To ensure that the highest standards of diver safety are maintained at accredited diver training establishments, the following action has been taken by the ADAS board:
- An immediate ADAS investigation of the incident, in accordance with established policy was conducted. That investigation was undertaken independently of Worksafe and Police investigations. This investigation identified deviations from ADAS procedures during the diver training and established a series of remedial actions.
- NZSOS were consequently temporarily suspended by ADAS after our investigation.
- All findings of the ADAS investigation were provided to Police and Worksafe investigators.
- Since the incident, ADAS has provided technical guidance and advice to Worksafe investigators and parties involved in court proceedings about ADAS accreditation requirements and Australian/New Zealand Standards.
- NZSOS were required to satisfactorily complete ADAS audits of diver training activities prior to the resumption of training and again after training had once again resumed.
- Having noted the court proceedings have now been completed, ADAS is now in a position to commence its own formal disciplinary actions against the instructors and / or supervisors involved in the incident.
In addition, to these specific actions in 2015, ADAS has ensured that a full review of SCUBA training undertaken at all ADAS training establishments to fulfil the requirements of Australian Standard 2815.1 – 2008: Occupational SCUBA Diver has been conducted. This holistic review has made a number of safety improvement recommendations that are currently being implemented by ADAS.
Diving is an inherently dangerous activity and unforgiving of error – a fact acknowledged by all parties during these New Zealand legal proceedings. Small and unintended failings can have catastrophic and fatal consequences.
ADAS remains fully committed to a rigorous continuous improvement process that is aimed at eliminating occupational diver health and safety related risks.
We are confident that ADAS accredited diver training policies and practices meet, and often exceed, international occupational health and safety standards. When these standards are met and procedures followed, affiliates should be confident that their training practices will be consistent with the highest standards of diver training available.