Perth-based contractor Whittens has been fined $425,000 over the death of a worker at Inpex’s Ichthys LNG facility near Darwin in 2017.
Perth-based contractor Whittens has been fined $425,000 over the death of a worker at Inpex’s Ichthys LNG facility near Darwin in 2017.
Whittens was convicted and fined after it pleaded guilty to failing to comply with a health and safety duty under the relevant legislation.
The company had employed 56-year-old Carl Delaney to conduct insulation repair works on an LNG storage tank.
NT SafeWork, which prosecuted Whittens, described the works as high risk, with workers in a confined space with low ventilation, high temperatures and restricted mobility.
The workers were also exposed to the risk of falling from height and engulfment in the perlite insulation, which had been pumped in between the tank's inner and outer skin.
Mr Delaney fell into the perlite and could not be revived when he was rescued.
The Northern Territory’s Work Health and Safety Regulator Peggy Cheong said the case was a classic example of documented plans, policies and procedures being useless if they were not adequately implemented and followed by the workforce.
“The Inpex Onshore LNG Facility construction was an international joint venture partnership and significant major project for Northern Territory,” she said.
“Fitting for such a high-profile project and in line with the hazardous work being performed at the time of the incident, six separate plans and procedures were in place to ensure the safety of the workers working in the LNG tanks.
“However, 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 for high risk work is require by employers.”
Ms Cheong said workers also have obligations under the work health and safety laws, including taking reasonable care and complying with any reasonable instructions.
In her sentencing remarks, Judge Tanya Fong Lim told the court that Whittens Group had not done enough to mitigate non-compliance by workers, according to an ABC report.
"What the defendant did not do after gaining knowledge that workers were not complying with safety procedures … was adjust the procedures to ensure further non-compliance," Judge Fong Lim said.
She noted that Whittens Group had "since reviewed its procedures and adjusted accordingly, and there have been no other breaches".
Whittens is a family-owned business employing 550 people across Australia and has annual revenue in excess of $200 million, according to its website.
