Australia’s NT WorkSafe, a division under the Department of Attorney-General and Justice for ensuring workers’ health and safety in the Northern Territory, has charged Darwin shipping company Barge Express and one of its workers, with breaching the Work Health and Safety Act, following death of a deckhand.
As informed, on 8 of January 2017, Daniel Bradshaw, a fly in-fly-out worker on the ‘Sammy Express’, was found floating face down in the water between the vessel and wharf at Hudson Creek, with multiple fractures consistent with striking a solid object after falling from a height, while his toxicology report showed a very high level of blood alcohol content.
“During its investigation, NT WorkSafe found no gangway was in place to allow safe access to the Sammy Express at the time of the incident. The vessel was Mr Bradshaw’s place of accommodation during his four week shift and to disembark, workers were required to jump across a gap onto a tyre tied to the wharf as a fender before climbing onto the wharf,” NT WorkSafe explained.
As a result, the company faces one charge contrary to section 32 of the Work Health and Safety (National Uniform Legislation) Act, for failing to comply with health and safety duty.
In addition, Nicholas Mitchell, Master of the Sammy Express, also faces one charge contrary to section 32 of the Work Health and Safety Act, for failing to comply with health and safety duty. NT WorkSafe will allege that the Master had the responsibility to rig a gangway to provide safe access to the vessel as outlined in the Shipboard Safety Management Manual.
If found guilty, the company will face a maximum penalty of $1,500,000 and the Master a maximum penalty of $150,000. The matter is listed for mention in the Darwin Local Court on 27 February 2018.
The Maritime Union of Australia has welcomed the news and called for greater safety protection for workers.
“The safety of workers must be the most important priority for employers and they need to know there are serious consequences for them if they don’t provide a safe workplace,” said MUA NT Branch Secretary Thomas Mayor.
