Rescue organisation fined for breach of duty of care

27 November 2009

Victoria’s State Emergency Service has been ordered to carry out a statewide safety review and improve its operations as part of a comprehensive penalty ordered by a Mildura Magistrate.

The SES was also convicted and fined $75,000 this week after WorkSafe charged it with safety failings which led to the drowning death of Mildura volunteer, Ron Hopkins, 54, in May 2007.

Mr Hopkins was among four SES volunteers who were taking part in a swim test in the Murray River as part of the training for work with flood rescue boats.

The “swim test” required participants to swim 100 metres wearing a long-sleeved shirt and trousers and not wearing a life-jacket) as well as treading water for two minutes.

It was alleged Mr Hopkins had, on an SES form, likened his swimming ability to that of a boat anchor, but full-time SES personnel running the exercise made no inquiries about his self-assessed swimming skills.

One SES officer advised participants that if they felt uncomfortable about doing the swim test to tell him and not do it.

The SES safety review requires the volunteer-dependent organisation to review all training procedures and to report to WorkSafe on the outcomes of that review.

It must also advise WorkSafe of future train-the-trainer activities so the health and safety regulator can attend, report on OHS outcomes (including this incident and prosecution) in its annual report and ensure appropriate safety equipment is in SES boats.

Magistrate Peter Couzens’ order also makes safety a core accountability for the organisation’s human resources and operations directors. The SES has allocated $150,000 to carry out their safety improvement program.

It has also been directed to write to Mr Hopkins' widow and local volunteers about the incident.

WorkSafe’s Executive Director, John Merritt, said community-minded volunteers were entitled to come home safely just like other workers.

“Volunteers were often helping in their own time and often at some inconvenience or in difficult circumstances.

“Calling on the community to help involves ensuring their safety. People are entitled to feel

confident that they will be protected.    

“This case reflects the dreadful consequences of not having the right safety policies in place and ensuring they are applied.

“The case was important to the public interest. Obviously, a challenging aspect was the importance of the SES as a valuable community organisation.

“We are pleased that the matter was resolved relatively quickly and with an outcome that is focused on preventing this from ever happening again.”

The incident:

A boat took the four volunteers doing the test out into the river and they got in to the water but Mr. Hopkins soon got into difficulty.

An oar was extended to him from the safety boat but he soon disappeared below the water.

Despite the efforts of the SES personnel to find him, his body was recovered the next morning by NSW police divers.

WorkSafe’s investigation found the safety boat had life jackets for the two assessors who were in the boat, but there were no other buoyancy devices which could be used in an emergency.

Some other participants involved in the swim test also experienced difficulties in the cold water and after swimming to the centre pylon of the George Chaffey Bridge, they held on to bolt heads extending from a rubber buffer attached to the pylons at water level. They were later picked up by the safety boat.

At the time of Mr Hopkins’ death the SES had no rule against carrying out swim tests in water where there was limited visibility or where a rescue could be difficult to carry out if someone got into trouble.

As a result, lakes and rivers were sometimes used as well as local swimming pools.

At the time of this incident there were a number of swimming pools with the facilities to help anyone one who got into difficulties in the Mildura area that could have been used for the test.

The charge:

Section 23 of the Occupational Health and Safety Act 2004.

Failure to ensure that persons other than employees were not exposed to risks arising from the conduct of the employer's undertaking.

Details of WorkSafe’s Enforcement and Compliance Policy can be found online at www.worksafe.vic.gov.au