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SCUBA DIVING PAGE ONE :: WORLD NEWS :: SAFETY

British Waterways, STS fined nearly £200k for diver's death

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September 25, 2009

GLOUCESTER, UK — A judge has described the death of a diver in a Gloucestershire lock as "so obviously avoidable".

David Moore, 29, from Southsea, Hampshire, was working in a lock at Upper Lode at Forthampton near Tewkesbury in 2004, when a dam burst.

British Waterways was ordered to pay £162,000, Sea Technical Services in Hampshire, £21,000, and its company director Christopher Drake, £8,000.

All had admitted charges brought under the Heath and Safety at Work Act.

Judge Mark Horton said that tragic was too small a word to describe the untimely death of a young man.

He said British Waterways would have appreciated that the dam was ineffective had they carried out a full structural survey before starting the maintenance work.

"It is particularly grave when the events leading to his death were in my judgement so obviously avoidable, as this prosecution has demonstrated," he added.

Speaking after the hearing, Pete Sieniewicz, a diving inspector for the Health and Safety Executive (HSE), said: "This case has resulted from the committed efforts of both ourselves and the Gloucestershire Police over several years and has highlighted the serious hazard of differential pressure to divers, especially to those working on construction projects.

"The importance of planning and managing major projects - such as the one in this case - cannot be emphasised enough.

"In my opinion, it is not good enough to make decisions on the hoof or try and deal with a problem as things start to go wrong. You cannot take a gamble with peoples' lives.

"The problem of differential pressure highlighted by this case is so important that we are about to publish health and safety guidance to the diving industry, based on research in this area."

David Moore's brother, Simon Moore, said: "It's very difficult to capture in words what a special guy David was. He was everybody's best friend.

 

David Moore
A diving accident described by Judge Mark Horton as "so avoidable" killed 29-year-old David Moore.

"He was charming, funny, witty. He was an inspiration to my young children and they absolutely adored him. They've lost their favourite uncle."

Mr Moore from Southsea died within seconds of becoming trapped under 3.5m (11ft) of water while working at the lock gate near Tewkesbury in October 2004.

An inquest into his death in May 2008 recorded a narrative verdict and coroner Alan Crickmore said there should be no implied blame on any of the parties.

 

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