Civil construction company convicted and fined over death of worker

Civil construction company Whittens Group has been convicted and fined $425,000 over the death of worker Carl Delaney in 2017. The 56-year-old man was conducting repair works on an LNG tank when he became submerged in perlite, a powdery insulation material likened to quicksand, and could not be revived. He was working alone at the time of his death, and a post-mortem exam report found evidence "that all persons working in the tanks were from time to time found unconnected" to a safety system comprising a harness and two lanyards that connected to a scaffold buggy. It is not known how Mr Delaney became submerged in the insulation material.

The Whittens Group pleaded guilty to failing to comply with a heath and safety duty. In her sentencing remarks, Judge Tanya Fong Lim told the court that Whittens Group had not done enough to mitigate non-compliance by workers. The Judge noted that Whittens Group had "since reviewed its procedures and adjusted accordingly, and there have been no other breaches".

NT WorkSafe executive director Peggy Cheong said the case was an example of how documented plans, policies and procedures were useless if they were not adequately implemented and followed. "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. Proper implementation and adequate supervision of workers, especially those performing high risk work is required by employers", she said.