Dive Operator Guilty of Toxic Air Cylinder Charges

Jeffrey Cross, 68, was sentenced in the Bairnsdale Magistrates' Court on Tuesday 3 December after pleading guilty to failing to ensure people were not exposed to risks to their health or safety arising from the conduct of his undertaking.

He was also ordered to pay costs of $4,514.

The court heard Cross operated Cross Diving Services from his Marlo home, offering dive-related services including dive cylinder re-fills, which were done using a petrol air compressor inside a shed on the property.

In June 2022, WorkSafe visited the workplace following the death of a diver at Queenscliff in April who was using a dive cylinder filled by Cross.

WorkSafe seized three cylinders at the workplace that were found to contain elevated levels of carbon monoxide, while a further six cylinders handed in by customers following a public appeal found carbon monoxide levels of up to 92 parts per million (PPM) - almost 20 times over the maximum acceptable level of 5 PPM.

An investigation found Cross set up the air compressor inside his shed with the air inlet attached to the inside of the roof, meaning exhaust fumes were entering the air inlet and contaminating the air cylinders with carbon monoxide.

The court heard divers who breathe compressed air containing elevated levels of carbon monoxide are at risk of stroke, heart attack, impaired swimming ability, loss of consciousness, nausea and headaches.

Cross admitted it was reasonably practicable to have reduced the risk of exhaust fumes contaminating the air cylinders by following the operator's manual and setting up the air compressor outdoors, with the front of the compressor facing the direction of any wind, and the air inlet positioned at the front of the compressor about two metres above the ground.

WorkSafe Executive Director of Health and Safety Sam Jenkin said the case was a serious breach of health and safety obligations that put the lives of the public at risk.

"Running a small business is no excuse for complacency around safety," Mr Jenkin said.

"Following manufacturer's instructions for setting up and operating the equipment you are using is a simple and vital first step to ensure the work you are undertaking is being done safely."

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