The Northern Territory's work safety watchdog has launched its first industrial manslaughter prosecution, over the death of a worker in a remote Aboriginal community two years ago.
The 50-year-old man suffered fatal injuries after a chain allegedly failed during a towing operation in Maningrida, about 370 kilometres east of Darwin.
"The worker was operating an excavator to tow another excavator, which had broken down," NT WorkSafe said in a safety alert issued in March 2020.
"The chain was attached to the chassis (frame) of the broken-down excavator and to the quick clamp of the other excavator.
"The chain, [allegedly] broke [and] recoiled, striking the worker who was sitting in the excavator cabin."
NT WorkSafe today announced it had charged Darwin-based construction company Kalidonis NT Pty Ltd over the fatal incident.
"This is the first time a prosecution for industrial manslaughter has been brought since the introduction of the offence in the Northern Territory," NT WorkSafe said.
If found guilty of the charge, the company faces a maximum penalty of more than $10.3 million.
The company also faces two alternative charges over the fatal incident, including reckless conduct and failing to comply with a health and safety duty.
The maximum penalties for the alternative charges are $3 million and $1.5 million respectively.
NT WorkSafe has also charged the company's sole director Theofilos Kalidonis over the fatal incident.
Mr Kalidonis faces a charge of reckless conduct, which attracts a maximum penalty of five years in prison and/or a fine of $600,000.
He also faces an alternative charge of failing to comply with a health and safety duty, which has a maximum penalty of $300,000.
Additionally, Mr Kalidonis and his company have been charged with failing to comply with a health and safety duty in relation to a separate alleged incident involving the same worker eight days before he was killed.
The charges are expected to be heard before the Darwin Local Court on May 10.
