Company Faces Charges
A construction worker, Paul Leach, tragically lost his life in a workplace accident at a remote Northern Territory work site in March 2020. The incident occurred when a chain snapped and recoiled during an excavator towing operation.
Darwin construction company Kalidonis NT Pty Ltd is facing two charges of failing to comply with a health and safety duty in relation to Mr. Leach's death. The company has pleaded not guilty to both counts.
The court heard evidence from a string of witnesses, including the company's former operations manager Jacinta Kelly. Ms. Kelly testified that Mr. Leach had operated heavy machinery without authorization on two occasions prior to the fatal incident.
In one incident, Mr. Leach and his son operated an excavator without permission to complete a small excavation task. The excavator subsequently became bogged down on mud flats due to rising tides.
On another occasion, Mr. Leach attempted to retrieve the bogged excavator using a chain attached to a 30-tonne excavator. The chain snapped but did not injure Mr. Leach.
On the day of the fatal incident, Mr. Leach again attempted to retrieve the excavator using the same method without authorization. This time, the chain snapped and recoiled, fatally striking him in the head.
The prosecution argued that Kalidonis NT should have taken more precautions to ensure the health and safety of its workers and was ultimately liable for its workers' conduct. The defense argued that Mr. Leach had failed to comply with clear instructions and was ultimately responsible for his own actions.
The court case is ongoing, and the outcome remains to be seen.