Charges laid over Darwin musician’s death

​NT WorkSafe has charged the Department of Infrastructure, Planning and Logistics (DIPL) and Queensland based construction company BMD Constructions Pty Ltd over the death of a Darwin musician.

In the early hours of 30 April 2016, Peter Bonnell was killed when his motorbike crashed into the traffic diversion setup as part of the Tiger Brennan Drive duplication. DIPL had contracted BMD Constructions to manage the road works.

NT WorkSafe will allege that the traffic diversion setup was not in accordance with an approved traffic control diagram, and the set up was not compliant with Australian Standards causing a risk of serious injury or death to motorists.

DIPL face one charge of failing to comply with their health and safety duties contrary to Section 32 of the Work Health and Safety (National Uniform Legislation) Act. NT WorkSafe will allege DIPL:

• Failed to ensure the provision and maintenance of a work environment without risks to health and safety by allowing the setup of a traffic diversion that posed a risk of serious injury or death to motorists.
• Failed to provide a safe system of work by not having an appropriate audit compliance system.
• Failed to ensure the provision of information and training of DIPL staff to properly manage and ensure compliance with Australian Standards of the project.

BMD Constructions, as the managing contractor, faces one charge of failing to comply with their health and safety duties contrary to Section 32 of the Work Health and Safety (National Uniform Legislation) Act. NT WorkSafe will allege BMD Constructions:

• Failed to ensure the provision and maintenance of a work environment without risk to health and safety by setting up a road diversion that posed a risk of serious injury or death to motorists.
• Failed to ensure the provision and maintenance of safe plant and structures without risk to health and safety by using interlocking crash barriers without reflective bollards which was not compliant with Australian Standards.
• Failed to ensure the provision of information, training, instruction or supervision of their employees to understand that a traffic diversion could only be implemented in accordance with an approved traffic control diagram that had been audited as safe.

If found guilty, DIPL and BMD Constructions will each face a maximum penalty of $1,500,000.

The matter is listed for mention in the Darwin Local Court on Wednesday 6 June 2018.