Safety Breaches Costs up to $3 million

Do you exercise your due diligence and duty of care?

If not, or you do not know what this means and any of the following breaches occurs, you are committing an offense and are liable for up to $3 million in fines and 5 years imprisonment. A breach includes:

  • An action is taken that places a person at risk of injury, illness or death; or
  • Steps are not taken to avoid a risky situation from occurring; or
  • There is a failure to comply with regulatory requirements.

Do you comply with AMSA requirements?

Coronal inquests into commercial marine vessel fatalities identify that safety management systems (SMS) used by vessels are not effective in managing risks and applicable to operational activities. The findings state that simply using the Australian Marine Safety Authority (AMSA) provided template is not sufficient. All SMS’s must be reviewed and tailored to the vessel and its operational activities.

Categories of Offenses

Category 1 Offense

The highest penalty. These are the most serious breaches where a duty holder recklessly endangers a person to risk of death or serious injury:

  • Corporation: up to $3 million
  • Individual as a person conducting a business or undertaking (PCBU) or an officer: up to $600,000/5 years jail
  • Individual (for example a worker): up to $300,000/5 years jail.

Category 2 Offense

A failure to comply with a health and safety duty or electrical safety duty that exposes a person to risk of death, serious injury or illness:

  • Corporation: up to $1.5 million
  • Individual as a PCBU or an officer: up to $300,000
  • Individual for example worker: up to $150,000.

Category 3 Offense

The failure to comply with a health and safety duty or electrical safety duty:

  • Corporation: up to $500,000
  • Individual as a PCBU or an officer: up to $100,000
  • Individual for example worker: up to $50,000.

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Complying with your obligations

Triple A are able to assist in complying with the AMSA requirements and improving the your on-board safety.

We aim to mentor our clients to better manage risks and improve workplace culture. Depending on your current safety management system (SMS), this includes starting from the beginning to develop a vessel and operations specific SMS; to a half day check up, review or  inspection of your vessel, operations and SMS.

Safety Inspection

Starting from $475

Safety inspections are ideal for business owners / masters to understand any risks and hazards within the business or on vessel.

A Safety Inspection may also be used as a periodic check-up of your business and operations to check the implementation and the effectiveness of the SMS.

Safety Inspections include the following:

  • 4-5 hours on site inspections with a qualified health and safety consultant;
  • Thumbnail inspection of your workplace (vessel);
  • Review of risk management systems and tools;
  • WHS compliance review;
  • Verbal post inspection debrief; and
  • Compliance and recommendation report.

SMS Development

Starting from $3,595

All marine vessels used for commercial activities are required to possess a Certificate of Operation and a Safety Management System (SMS) which ensures that the vessel and its operations are conducted safely. These SMS’s must be tailored for the vessel and its operation and not just copied.

Using a risk based approach we are able to identify the operational risks and control methods to esnure the safety of crew members and passengers. SMS’s are developed to align and comply with applicable AMSA standards.

Developing SMS include the following:

  • Visit to vessel for a Safety Inspection;
  • Review of current SMS;
  • 1 day risk assessment with master and senior crew;
  • Construct SMS from risk assessment;
  • Review with master;
  • Printing and binding of all documentation; and
  • Forwarding of all documentation (electronically).
Contact Triple A for terms and conditions and for further information.

SMS Review

Starting from $550

All marine vessel SMS’s are subject to annual review to ensure compliance with AMSA specifications. These reviews must include a review of all operational risk assessments undertaken during the development of the SMS; and also include any new activities not already risk assessed.

SMS reviews typically require some intial review time of the SMS as well as a meeting with the master and senior crew member(s) to review risk assessments.

  • Review of current SMS used in the previous 12 months;
  • Review of records and incidents;
  • Meeting with master and senior crew member to review risk assessment(s);
  • Review SMS with any changes identified during risk assessment;
  • Review with master;
  • Printing and binding of all documentation; and
  • Submitting to master and owner.
Contact Triple A for terms and conditions and for further information.

CONTACT US FOR A FREE CONSULTATION

DON’T TAKE OUR WORD

Read the coronal inquest findings for recent fatalities on board commercial vessels:

Fatal Electrocution on Prawn Trawler

A young man was fatally electrocuted while using a 240 volt grinder while out to sea. The findings identified that an electrical safety switch was not in place; and that compliance with safety and health regulations was ineffective This includes ineffective safety systems and training.

Click here for the coronial findings. 

Live Trout Fishing Drowning

A  dory operator was found drowned with the dory overturned and the anchor stuck in the reef. The findings identified that alterations to the dory had impacted its stability; dory operators were not wearing life jackets, ineffective communication systems were in place and non-standard process were in place in regards to retrieving stuck anchors. With these factors attributed to the poor development and implementation of a safety management system.

Click here for the coronial findings. 

It’s too late once an incident happens.

Book your Safety Inspection or SMS Review now:

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