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Company

Kalidonis NT Pty Ltd

Date

March 20, 2020

Victim

Paul Leach, 50-year-old construction worker

Incident

Fatal injury during an attempt to retrieve a bogged excavator using chains. A chain snapped and recoiled, striking Mr. Leach.

Carter Capner Law monitors workplace accidents throughout Australia to spotlight safety issues of concern to our clients and to demonstrate those situations in which they may have a right to an insurance or compensation recovery. We act for workers and contractors throughout Australia. Call today on 1300 529 529 or click here to reach Carter Capner Law.

Introduction

Darwin-based construction company Kalidonis NT has been found guilty of two workplace safety charges related to the death of employee Paul Leach in 2020.

Court Findings

Judge Ben O’Loughlin found Kalidonis NT guilty of two counts of failing to comply with health and safety duties. The court determined that the company failed to ensure the safety of its workers and that this failure exposed them to a risk of death or serious injury.

Key Factors

  • Mr. Leach had previously attempted to tow the excavator with chains without authorization.
  • The same chains had snapped on two previous occasions before the fatal incident.
  • The company had alternative methods to mitigate the risk but failed to implement them.
  • Inadequate training on towing and safe work procedures was provided.

 

Next Steps

The matter will return to court in November for sentencing submissions.

Conclusion

This verdict highlights the importance of workplace safety and the responsibility of companies to ensure the well-being of their employees. It serves as a reminder that neglecting safety protocols can have devastating consequences.

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