20 | WATERLINE March 2025 LEGAL LINES LITHIUM-ION BATTERIES: A FRESH CONCERN FOR YOUR MARINA Environmental and public safety concerns have increased surrounding fires caused from the use of lithium-ion batteries (LiB), with a series of recent fires on recreational vessels being linked to LiB powered devices and tools stored on board. COMMON RISKS LiB’s can commonly be found in devices found on vessels in your marina, in products such as phones, power tools, electric motors and engines. If left poorly managed and stored, LiB fires are one of the most dangerous and difficult fires to control due to its high energy density. A significant risk commonly associated, is once a LiB enters a thermal runaway, this leads to an intense release of heat and toxic gases that are often extremely difficult to extinguish. For example, in 2024, an investigation conducted by the Australian Maritime Safety Authority (AMSA) dealt with a berthed charter fishing vessel that exploded, causing an excessive release of fire and smoke. Investigation findings revealed that the cause of the fire was a result of the improper installation and management of a LiB charging system on board the vessel. Concluding its investigation, the AMSA reiterated the importance of procedures around the use and disposal of LiB’s, especially with the detrimental impact it can have on the safety and wellbeing of your marine environment. LEGAL OBLIGATIONS AND IMPLICATIONS Under the harmonised work health and safety laws (WHS Laws), the primary responsibility for workplace safety lies with the "person conducting a business or undertaking" (PCBU), which is usually an employer, business owner and/or a party that controls a site. As a PCBU, marinas and marina operators are primarily responsible for ensuring the health and safety of all workers, visitors, and others who may be impacted by their business operations. Under WHS Laws, potential liability may arise for your marina through (but not limited to); • a lack of policies and procedures in place to maintain and address the workplace health and safety of marina employees, berth owners and visitors; • inadequate risk management strategies and safety management plans to govern the operation of your marina; and • inadequate facilities and services available to allow for the safe operation for your marinas such as waste management facilities. With recent concerns around the use of LiB’s, understanding your responsibilities as a PCBU will ensure that your marina is compliant with the obligations set out in the WHS Laws. In accordance with these laws, we recommend reviewing the workplace health and safety regulations in your state as well as recommendations from other regulators such as the AMSA. As a future consideration for your policies and procedures, in a 2023 report, the Australian Competition and Consumer Commission (ACCC) strongly recommended the introduction of national mandatory standards to regulate the safer usage of LiB’s. If implemented these would require stringent policies and procedures in place, to consistently manage and assess the use potential risks of LiB’s in your marina operations. OUR RECOMMENDATIONS FOR BEST PRACTICE • Ensure your commercial agreements (such as; berthing leases or licenses) facilitate compliance with workplace health and safety standards set out in the WHS Laws and other relevant legislation (such as; workplace health and safety laws in your operating state). • Perform regular maintenance checks and assessments of your marina’s facilities and equipment (e.g. vessel equipment). • Educating staff, vessel operators and visitors on current policies and best practice around industry and legislative standards for the proper management, implementation and usage of LiB powered devices in your marina; and • Consistently review vessel maintenance practices and compliance with your marina’s policies and procedures around workplace health and safety. A reminder that the MIA and Nautilus Marine Insurance (NMI) have made available a wealth of information on this topic for marinas all of which can be found on the MIA website. In addition, NMI has developed boater educational tools regarding the best practice management of LiBs for marinas to share with their customers. McInnes Wilson Lawyers can assist your marina by reviewing your current commercial agreements (such as berthing leases or licenses) to ensure you remain compliant with your workplace health and safety legislation and regulations. If you have any queries, or need assistance in reviewing any requirements under your commercial agreements, please do not hesitate to contact: Tim Smith (07) 3231 0628 tsmith@mcw.com.au A joint initiative of Marina Industries Association (MIA) and their Insurance Partner, Nautilus Marine Insurance (NMI), guidance materials and resources have been developed for all marina users regarding the safe use of Lithium-ion Batteries. The promotional posters and brochures provide an introduction to the risks and preventative measures of using, charging, and storing lithium-ion batteries and a great resource for marina managers to use when inducting, welcoming, and educating boat owners. Posters and DL flyers are available from NMI, at no charge. For more information and a supply of brochures, contact: marketing@nminsurance.com LITHIUM-ION BATTERIES GUIDANCE
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