Civil construction company fined $425k over 2017 INPEX fatality

A Western Australian based civil construction company has been convicted and fined $425,000 over the death of a worker at the INPEX Onshore LNG Facility in 2017.

On 29 November 2017, 56-year-old Carl Delaney was conducting insulation repair works on LNG Tank 2. The works being performed were high risk, with workers working in a confined space with low ventilation, high temperatures and restricted mobility.

The workers were also exposed to the risk of falling from height and engulfment in the perlite insulation which had been pumped in between the tanks inner and outer skin. Mr Delaney fell into the perlite and could not be revived when he was rescued.

Whittens Group Pty Ltd pleaded guilty to failing to comply with a health and safety duty under Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

The Northern Territory’s Work Health and Safety Regulator, Ms Peggy Cheong said this case was a classic example of how useless documented plans, policies and procedures were if they were not adequately implemented and followed by the workforce.

“The INPEX Onshore LNG Facility construction was an international joint venture partnership and significant major project for Northern Territory,” Ms Cheong said.

“Fitting for such a high profile project and in line with the hazardous work being performed at the time of the incident, six separate plans and procedures were in place to ensure the safety of the workers working in the LNG tanks.”

“However, it’s not enough to just produce safe work method statements, job hazard assessments, and other plans or procedures if your workers do not follow them,” said Ms Cheong.

“Proper implementation and adequate supervision of workers, especially those performing for high risk work is require by employers.”

Workers are also reminded that they have obligations under the work health and safety laws. Worker must:

• take reasonable care for their own health and safety and the safety of others;
• comply with any reasonable instruction given by their employer regarding complying with the work health and safety laws; and
• cooperate with any reasonable work health and safety policy or procedure.

The decision to award cost has been adjourned until Friday 19 May 2023.