On Tuesday, 3rd December, Jeffrey Cross, aged 68, faced the Bairnsdale Magistrates’ Court where he was found guilty of neglecting to ensure health and safety in his work operations, posing a significant risk. Cross, busy with dive-related services from his residence at Marlo under the umbrella of Cross Diving Services, was also held accountable for costs amounting to $4,514.
His services included refilling diving cylinders facilitated by a petrol air compressor optimally located inside a shed situated on his property. However, things took a turn when WorkSafe, driven by the saddening event of a diver’s death at Queenscliff, who was reported to utilising Cross’ filled dive cylinder, carried out a crucial inspection in June 2022.
WorkSafe was led to seize three cylinders at Cross’ workplace that were reported to have intense levels of carbon monoxide. Moreover, an additional six cylinders that were handed in through customers post-public appeal revealed alarmingly high carbon monoxide levels, peaking at 92 parts per million (PPM)—dangerously above the moderate acceptable level of 5 PPM.
Investigations later determined that Cross had set up the air compressor within his shed hastily, having the air inlet attached to the inner part of the roof. This flawed design ended up spewing exhaust fumes into the shed’s environment, thereby contaminating the air cylinders with lethal carbon monoxide levels.
The court was briefed about the health hazards of breathing compressed air laden with elevated carbon monoxide levels, exposing the divers to potential instances of stroke, heart attack, impaired swimming competence, nausea, consciousness loss and consistent headaches.
Cross conceded that it was inherently possible to considerably reduce the risk of the air cylinders’ contamination by implementing operator manual instructions diligently. These included setting up the air compressor outdoors while ensuring the compressor front faces the wind direction. Plus, placing the air inlet roughly two metres above the ground at the compressor’s front end could have stopped this gross safety negligence.
WorkSafe’s Executive Director of Health and Safety, Sam Jenkin, vociferously stated that the case displayed a grave violation of health and safety commitments, endangering public lives. Mr Jenkin argued that operating a smaller scale business was no excuse for lax safety management.
He added, “Adhering to manufacturer’s guidelines on equipment operations and its correct setup is an essential initial step in ensuring work undertaken is genuinely safe.”
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Original article link: https://www.worksafe.vic.gov.au/news/2024-12/backyard-dive-operator-convicted-over-toxic-air-cylinders