In a Northern Territory first, construction company Kalidonis NT Pty Ltd has been charged with industrial manslaughter after a fifty-year-old man died after being struck whilst operating a faulty excavator.

The company’s director has also been charged with industrial manslaughter and faces a fine of up to $600,000 and/or gaol for up to five years, if he is convicted.

The company itself could be fined up to $10M, if it is found guilty.

The excavator contained a chain that broke whilst the deceased worker was towing another excavator that weighed approximately 36 tonnes. The chain broke, recoiled and then struck the operator, who was sitting in a cab with no windows.

The windows had been removed because of fears of vandalism.

The company that was charged describes itself as one of Darwin’s biggest construction companies.

The matter is back in Court on 10 May 2022 and is a stark reminder of the need to risk assess all work activities and to make sure that plant is properly maintained.

This case continues the trend of safety regulators across Australia focusing on whether businesses and their leaders are proactively considering and verifying whether their businesses have appropriate and robust safety systems in place. Businesses are specifically required to assess the risks of their operations and provide safe plant and equipment for their workforce. Officers (defined to include directors and business decision makers) are required to take reasonable steps to exercise due diligence to make their businesses have in place the required safety systems.

FIA members are reminded to continually risk assess their activities, consult with their workforce, ensure that they provide training, instruction and information, provide proper supervision, and check that the processes and systems put in place are working to achieve safe workplaces.

John Makris Erica Elliott
Partner Special Counsel
Kingston Reid Kingston Reid
+61 2 9169 8407 +61 2 9169 8409
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