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Introduction
WorkSafe WA has announced it will not pursue charges against the employer of a young contractor who died in December 2021 after abandoning a broken-down vehicle in Purnululu National Park, located in Western Australia’s remote Kimberley region. The tragic incident occurred under extreme heat conditions, with temperatures soaring above 40 degrees Celsius. Despite the severity of the event, investigations concluded that no breaches of workplace safety laws had occurred.
Details of the Incident
The deceased, a man in his 20s, was employed by a local Kimberley construction company tasked with building a new visitors’ centre at Purnululu National Park. On December 18, 2021, the vehicle he was traveling in broke down, prompting him and a colleague to attempt a nearly 30-kilometer walk to reach a ranger station for assistance. During the journey, the pair became separated, and the man’s health rapidly deteriorated due to the harsh environmental conditions.
At the time, WA Police determined the death was not suspicious and prepared a report for the WA coroner, which was submitted in January 2024. Although police findings were non-suspicious, the case was also referred to WorkSafe WA to investigate potential breaches of the Occupational Safety and Health Act (OHS).
WorkSafe Investigation and Findings
Under the OHS Act, WorkSafe WA had three years from the date of the incident to determine whether legal action should be taken against the contractor’s employer. With the statute of limitations expiring in December 2024, WorkSafe confirmed on Tuesday that the employer did not breach workplace safety regulations.
It is worth noting that the OHS Act was replaced in 2020 by the Work Health and Safety Act, which governs notifiable workplace incidents, including deaths and serious injuries, as well as dangerous occurrences like electric shocks, falls, uncontrolled explosions, and fires. Under this updated legislation, prosecutions must occur within two years of notification of an incident. While the new act imposes stricter penalties—ranging from imprisonment to significant fines—no violations were identified in this case.
Legal and Regulatory Context
This decision underscores the complexities of enforcing workplace safety laws in remote and challenging environments. Employers operating in such areas face unique risks and responsibilities, requiring comprehensive risk assessments and contingency plans to protect workers. Although no charges were laid in this instance, the tragedy highlights the importance of robust safety protocols, particularly when working in extreme weather conditions or isolated locations.
As of January 2024, the WA coroner has yet to release official findings regarding the cause of death. These results may provide further clarity into the circumstances surrounding the incident and inform future safety practices in similar settings.
Facility Details
Purnululu National Park, renowned for its stunning beehive-shaped sandstone domes, is one of Western Australia’s most iconic natural landmarks. At the time of the incident, the contractor was involved in constructing a new visitors’ centre, which officially opened in 2023. The project aimed to enhance tourism infrastructure while preserving the park’s pristine environment. The remote location and unpredictable weather conditions posed significant challenges to both workers and emergency responders during the incident.