Construction and maintenance company faces multiple charges after serious motor vehicle incident

A construction and maintenance company has been charged after a young worker driving a work vehicle along Bees Creek Road was involved in a serious motor vehicle incident which injured two pedestrians walking their dogs last year.

NT WorkSafe commenced an investigation after receiving allegations that a construction company had allowed an unlicensed apprentice to drive a company vehicle.

NT WorkSafe will allege that the company and its directors knew the young worker only held a learner’s drivers licence, but still gifted him a company vehicle for his use and permitted him to drive the vehicle alone on a public road without the supervision of an appropriately licensed driver as their passenger.

C & R Constructions Pty Ltd has been charged with the following four breaches of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act):

• One charge under Section 32 of the Act for breaching its primary duty of care under Section 19(1), for failing to ensure the health and safety of its worker.
• One charge under Section 32 of the Act for breaching its primary duty of care under Section 19(2), for failing to ensure the health and safety of other road users and pedestrians utilising Bees Creek Road.
• One charge under Section 33 of the Act for breaching its primary duty of care under Section 19(3)(a)(c)(d) and (f), for failing to ensure a work environment without risks to health and safety, a safe systems of work, the safe use of plant and the provision of supervision.
• One charge under Section 38 of the Act for failing to notify NT WorkSafe of a notifiable incident.

Mr Caleb Norton Gotts, one of the directors at C & R Constructions Pty Ltd, has been charged as an officer with the same four breaches of the Act:

• One charge under Section 32 of the Act for breaching his primary duty of care under Section 19(1).
• One charge under Section 32 of the Act for breaching his primary duty of care Section 19(2).
• One charge under Section 33 of the Act for breaching his primary duty of care Section 19(3)(a)(c)(d) and (f).
• One charge under Section 38 of the Act for failing to notify NT WorkSafe of a notifiable incident.

If found guilty of all charges, the defendants face the following maximum combined penalties:

• C & R Constructions Pty Ltd - $3.55 million.
• Mr Caleb Norton Gotts - $710,000

The matter is listed for mention at the Darwin Local Court on Tuesday 15 October 2024 at 10.00am.