Barge captain fined $20,000 following death of deckhand Daniel Bradshaw at East Arm

A BARGE captain who failed to ensure his workers’ safety has been fined $20,000 following the death of deckhand Daniel Bradshaw at East Arm in 2017

Daniel Bradshaw died after falling into the water at East Arm in 2017. A court has fined Barge Express captain Nicholas Mitchell $20,000 for his role in failing to prevent the death. Picture: Supplied

A BARGE captain who failed to ensure his workers’ safety has been fined $20,000 following the death of deckhand Daniel Bradshaw at East Arm in 2017.

Nicholas Mitchell, 38, pleaded guilty in the Darwin Local Court to failing to comply with a health and safety duty after Mr Bradshaw was found floating face down in the water on January 8.

The court heard there was no gangway on the barge on the night and Judge Elisabeth Armitage described the risks associated with jumping on and off the vessel as a result as “obvious”.

In fining Mitchell, Ms Armitage noted he was an employee and not the barge owner — whose own failures also contributed to the death — but said it was still his responsibility to ensure safe access to the vessel.

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“The risk in this case was obvious and there have been two similar workplace incidents in the NT since this incident,” she said.

“Boats are inherently dangerous workplaces and the master of any vessel is required to exercise vigilance … even if confronted with situations that are out of the ordinary.”

Mr Bradshaw had been drinking throughout the night of his death and Ms Armitage acknowledged his actions were also a contributing factor but said Mitchell should have exercised better judgment.

“Reasonable decisions were not made by the master and he allowed the risk to continue throughout the night,” she said.

“This death might have been avoided had better decisions been made.”

In a victim impact statement tendered to the court, Mr Bradshaw’s mother Patricia Baird said his death had devastated their family and she was “horrified” by the conditions on the barge.

“Daniel was the most loving, caring and compassionate son and friend to all,” she said.

“My son Daniel was killed at work in the prime of his life.

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“I cannot understand how such dangerous practices have been allowed to go on.”

Mr Bradshaw’s partner, Tanya Louth, used her statement to address Mitchell directly.

“As the master, you hold responsibility for the safety of the crew at all times,” she said.

“A clear message needs to be sent to workplaces in the NT and around Australia that unsafe practices will not be tolerated,” she said.

In recording a conviction, Ms Armitage said a message must be sent that workplace health and safety “are matters to be taken most seriously”.

“This was a serious example of this kind of offending, the risks were obvious and Mr Mitchell failed to put in place safe workplace practices that may have mitigated the risks,” she said.