Northern Territory’s workplace safety regulator has charged a company, Dexter Barnes Electrical, and director Russell O’Donnell, “for failures in the workplace which led to the death” of fourth-year apprentice electrician. This week, the company and director appeared in the Alice Springs Local Court to answer charges of failing to comply with health and safety duties.
The charges relate to an incident in 2019, when the worker, Derick Suratin, and a fellow apprentice were completing work in the roof of the Tennant Creek Fire Station. They were unsupervised while working, which included working on a live system. Mr Suratin was electrocuted when he made contact with a live wire and was unable to be revived.
It was heard in court that neither of the workers was wearing the appropriate full prevention system provided, there was no job safety analysis recorded, and no dedication of appropriate staff or supervision of the apprentices.
Solicitor for the defence, Ragni Mathur, explaiend that prior to the incident the company had implemented extensive safety measures. “This is not a situation where the defence did a reckless indifference to the safety measure,” she said. “They have taken this death on their watch very seriously. They have, through their actions, demonstrated real and genuine remorse of the loss of their employee.”
Ms Mathur explained that the company had also implemented a safety adviser and formalised toolbox meetings at work sites.
“Since the accident, the toolbox meetings are now formalised … safety measures have all been implemented.”
“Many of the measures were implemented before the charging took place.
“Mr O’Donnell has done everything within his power to improve business systems so as to avoid what was a tragic death of one of these employees.”
Counsel for the prosecution, Helena Blundell, explained that the prosecution accepted the company had “got its house in order … in implementing a safe work system, however. we note it’s now complying with the law”.
Judge Greg Borchers explained that he accepted that the defence was contributing to the community positively and was of “good character.”
The offence is a category two offence under the Work Health and Safety National Uniform Legislation Act 2011. It carries a maximum penalty of $300,000 for an officer and $1,500,000 for a body corporate.
The mater has been adjourned to February 2021.