Prevention of Future Deaths reports · 2015

Stephen O’Malley

Regulation 28 report to prevent future deaths, reference 2015-0363, written 14 Sep 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 Sep 2015
Reference2015-0363
DeceasedStephen O’Malley
CoronerAndre Rebello
Coroner areaLiverpool & Wirral
CategoryAccident at Work and Health and Safety related deaths
Sourcejudiciary.uk record · original PDF
Responses published2

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS  

NOTE: This form is to be used after an inquest. 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

   SubCPartner 
   Tvaekaj 2 
   DK-6700 Esbjerg 
   Denmark 

1  CORONER 

I am André J A Rebello, Senior Coroner for the area of Liverpool and Wirral Coroner 
Area 

2  CORONER’S LEGAL POWERS 

I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 
2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 

3 

INVESTIGATION 

On 23rd May 2012 I commenced an investigation into the death of Stephen Owen 
O'MALLEY Aged 48. The investigation commenced on the 23rd May 2012 and was 
concluded on the 14th September 2015.  

4  CIRCUMSTANCES OF THE DEATH 

On Thursday, 3rd May 2012, Stephen Owen OMALLEY was working as a contracted 
commercial  diver  for  Sub  C  Partners,  based  in  Denmark.  He  was  working  in  the 
North  Sea  on  the  Alpha  Ventus  offshore  wind  farm,  some  45km North  of Borkum, 
Northern  Germany.  He  had  been  replacing  bolts  on  the  wind  farm  turbines.  The 
vessel was approximately 25m away from the turbine he was working on. He was 
wearing a full diving suit, with a Kirby Morgan 27 watertight helmet, with an umbilical 
air supply of plain compressed air supplied by the surface vessel. The air is supplied 
directly into the helmet at face height and he also had reserve air supply in the tanks 
on  his  back.  At  approx.  3:32pm,  he  entered  the  water  and  began  pulling  himself 
along a guide rope towards the wind turbine structure. He was working at a depth of 
approximately  2m.  Whilst  making  his  way  along  the  rope,  he  was  observed  to 
experience breathing difficulties. He complained that his neck dam was too tight and 
it  was  restricting  his  breathing.  He  was  instructed  to  make  his  way  back  to  the 
vessel which he did, unaided. It was not appreciated as to the extent of his distress 
and  difficulties  until  a  short  time  after  arriving  back  at  the  ladder,  he  became 
unresponsive. A rescue diver entered the water and after initially not being able to 
locate  the  C-clip  on  the  back  of  his  harness  Mr  O’Malley  was  eventually  hooked 
onto  a  winch  and  taken  aboard  the  vessel  where  attempts  at  resuscitation  were 
commenced  for  approximately  one  hour  before  a  doctor  was  flown  out  and 
confirmed  he  had  sadly  died.  It  is  found  on  the  balance  of  probabilities  that  Mr 
O’Malley  has  suffered  a  cardiac  arrest  as  a  result  of  hypoxia  caused  by  his 

1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 respiratory function being impaired by him hyperventilating as a result of difficulty in 
breathing  from  the  compression  on  his  neck  from  the  neck  dam  ring.  There  is  no 
evidence  of  any  previously  undiagnosed  cardiomyopathy  having  any  role  in  his 
death. 

5  CORONER’S CONCERNS 

During the course of the investigation my inquiries revealed matters giving rise to 
concern. In my opinion there is a risk that future deaths will occur unless action is 
taken. In the circumstances it is my statutory duty to report to you. 

The MATTERS OF CONCERN are as follows.  –  

The court has been advised that rescue of Mr O’Malley from the sea was delayed 
because  the  standby  diver  could  not  locate  the  c-clip  on  the  back  of  his  harness 
which  was  to  facilitate  hoisting  him  from  the  water.  The  Court  has  heard  that 
checking this c-clip is free and accessible is not part of the standard checks before a 
dive. Should such a check be part of the pre-dive protocol checks? 

6  ACTION SHOULD BE TAKEN 

In my opinion urgent action should be taken to prevent future deaths and I believe 
you [AND/OR your organisation] have the power to take such action.    

7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this 
report, namely by 10th November 2015. I, the coroner, may extend the period. 

Your response must contain details of action taken or proposed to be taken, setting 
out the timetable for action. Otherwise you must explain why no action is proposed. 

8  COPIES and PUBLICATION 

I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons Mr O’Malley’s family, 
. I have also sent it 
to the Marine Accident Investigation Branch of the Department for Transport in 
London, who may find it useful or of interest. 

 and 

I am also under a duty to send the Chief Coroner a copy of your response.  

The Chief Coroner may publish either or both in a complete or redacted or summary 
form. He may send a copy of this report to any person who he believes may find it 
useful or of interest. You may make representations to me, the coroner at the time 
of your response, about the release or the publication of your response by the Chief 
Coroner. 

9 

14th September 2015                                                 

André J A Rebello OBE 
Senior Coroner 

2

Responses

2 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Sub C Pre Dive Checklist (PDF)
PARTNER
Pre-Dive Checklist

Project Number:

Location: Supervisor: _ Date:
iid | fve rs > ~/
ALL BOXES ARE TO BE INITIALLED OR SIGNED BY SUPERVISOR
DO NOT TICK BOXES
Description Dive 2 (2. | Dive 2 Dive 3 Dive 4
Diver Diver | S’By | Diver | S’By | Diver | S’By

4 Vessel locked out and per-

mission to dive given. v4
2 Systems electrical check i
3 Compressor-LP Air Supply — at

On
4 | Back Up HP Air Supply — On | vw a
5 Emergency Air Supply (Bar) | Wo|t Yo!
6 | Comms Check | Ww ra
7 Bail Out Pressure (Bar) QO }4 Jo
8 | Off at Hat ~ “
9 | Onat Bottle oT 7
10 | Knife “| s#
11 Hat Locked on ae 7
12 | Harness Straps Y “
13 | Flag Alpha Displayed yY |x

_ 14 | Hot Water Supply (If Appli- wa

cable)

15 | Diver Ready For Water Vv

General Remarks:

z\ldiving procedures\d 041 pre-dive check sheet.doc

Hands on energy
Response from Sub C (PDF)
Coroners Office
Att.: Andre J.A. Rebello

Dato: 24. november 2015
File: C:\Users\ta\Desktop\DIVER\Answer to Coroners office - regulation 28 response.docx

Answer to regulation 28 request

SubC Partner A/S has no comments to the Coroner’s office findings towards the cause of death, but
refer to the Danish authority’s findings in this matter.
Besides this, it is important for us to state that:

e We perform pre-dive checks before any diving projects, and these pre-dive checks are
according to standards and customer approval.

o Check of c-clip (in our checklists defined as Harness straps) has been performed in
the pre-dive check on the actual project.

e That all equipment is maintained, certified and approved before start of a project

e That we of course use the labor and rescue setup required by law and customer for each
project.

e@ Danish maritime authorities (Safartsstyrelsen) and customer, before any project start,
approves SubC Partner diving setup, including equipment, checklists and rescue and
emergency procedures.

o Wecan document the above mentioned 4 points have also been implemented and
used during the actual project.

e That we only use certified and experienced diving personnel, all experienced in the use of
diving equipment, and aware of the fact that they all approve the equipment (including the
neck dam ring) before they go into water

Regarding the concern of the c-clip we can state that:

e Our equipment and pre dive checklist is according to IMCA Guidelines and local
requirements, which vary from each country.

e@ The check of c-clip (in our checklists defined as Harness Straps) was at the time as it is today,
a part of the pre-dive check.

e = §=Our current diving suits have both frontside and backside Harness straps. The hoist of the

i be performed from both straps, depending on which one in the current case is

SubC Partner A/S

Side Laf1 id |

... Make offshore work®

SubC Partner A/S « Kogade 1A - DK-6700 Esbjerg
Tel: +45 7023 2122 - WWW: subcpartner.com_- CVR No.: 28702612
Bank: Danske Bank 4394 0011319130 : SWIFT: DABADKKK : IBAN: DK9630000011319130

Related reports

Other reports by Andre Rebello

See all →

More reports categorised “Accident at Work and Health and Safety related deaths”

See all →

Track Accident at Work and Health and Safety related deaths

See every Prevention of Future Deaths report matching Accident at Work and Health and Safety related deaths, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.