Chain snap fatality appeal dismissed
The Supreme Court of the Northern Territory has dismissed the appeals from a Darwin Construction company over the convictions and fine imposed for the death of a 50-year-old Mr Paul Leach, who died working on the Maningrida barge landing upgrades in March of 2020.
Kalidonis NT Pty Ltd had appealed the two convictions for breaches under Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 and the $550,000 fine imposed by the Darwin Local Court in February this year.
Acting Work Health and Safety Regulator, Ms Kerry Barnaart said she welcomed the court’s decision after a three-year legal battle.
Ms Barnaart stated she appreciates the patience and understanding from Mr Leach’s family of the importance of identifying what happened and sending a message to all businesses of their obligation to keep Territory workers safe.
“This outcome is a timely reminder for all industries that the primary duty of care under the work health and safety laws, sits with the Person Conducting a Business or Undertaking (PCBUs),” said Ms Barnaart.
“Regardless of whether you’re a company; unincorporated body or association; sole trader or self-employed person, the buck stops with you when it comes to safety.”
“This means having safe systems of work in place that are communicated to your workers, and ensure your workers have the appropriate training and instruction to do their job safely,” Ms Barnaart said.
“And while workers do have a duty to take reasonable care of their own health and safety, businesses must actively enforce their safe systems of work to ensure safety in the workplace.”
Related documents
- Media release - Darwin construction company convicted and fined over 2020 workplace death, appeals verdict
- Media release - Industrial manslaughter charge for Darwin Construction Company
- Safety alert - Chain recoil causes fatal injuries