In a recent prosecution under the the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) Hammelmann Australia Pty Ltd was convicted and fined $20,000 for breaching their duties as a manufacturer of equipment used in a workplace.
The prosecution arose from an accident in March 2011 when a diver was seriously injured whilst using an underwater high pressure spray gun manufactured by Hammelmann. An investigation found that the high pressure spray gun was not supplied with any operating instructions providing specific information or directions on its safe use and maintenance.
The relevant clause of the OPGGS Act requires that manufacturers of plant supplied to offshore facilities must take all reasonably practicable steps to make written information available about the design, construction and safe use of that plant, and similar provisions exist in health and safety legislation in all other Australian jurisdictions.
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