Hammelmann Australia Pty Ltd - convicted and fined

News announcement - Published 14 December, 2015

On 14 December 2015, Hammelmann Australia Pty Ltd was convicted and fined $20,000 in the Magistrates’ Court of Western Australia, for breaching their duty to comply with the duties of care owed by manufacturers of equipment under clause 12 of Schedule 3 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act).

The prosecution relates to an accident that occurred in March 2011 at a facility, where a diver was seriously injured whilst using an underwater high pressure spray gun manufactured by Hammelmann.

The subsequent investigation by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) identified that when the high pressure spray gun was supplied, it was not accompanied with any operating instructions that would provide specific information or directions on its safe use and maintenance.

This is the first prosecution of a manufacturer taken under the OPGGS Act.

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.

"This prosecution serves as a reminder to all suppliers and manufacturers of plant and equipment to the offshore oil and gas industry that they are accountable under Australia’s offshore regulatory regime", said NOPSEMA CEO Stuart Smith.

"Suppliers and manufacturers have specific responsibilities under the OPGGS Act and this prosecution highlights the need for them to ensure their processes and procedures address the health and safety of persons”.

“Operating instructions for equipment of this nature provides information vital to those people who are using and maintaining the safe operation of these pieces of equipment”, said Mr Smith.

The employer of the injured diver, Technip Oceania Pty Ltd, was also prosecuted and convicted separately in 2014 in connection with the same accident. Details of that prosecution are available here.


Contact: Karl Heiden, Head of Regulatory Support

e: communications@nopsema.gov.au, t: 08 6188 8857, m: 0400 720 804

  • Categories:
  • diving operations
  • occupational health & safety