Five charges laid over death of worker struck by excavator bucket

NT WORKSAFE has laid five charges over the death of a 30-year-old man who was struck by an excavator bucket on a Darwin worksite in 2019.

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NT WORKSAFE has laid five charges over the death of a 30-year-old man who was struck by an excavator bucket on a Darwin worksite in 2019.

In April 2019, the worker drove a truck and float to pick up a hired excavator from a plant hire business in the suburb of Wishart. The excavator was fitted with a large excavator bucket that contained two smaller buckets and a ripper which were not restrained.

The worker was helping with the loading of an excavator when the smaller excavator bucket dislodged and struck the worker.

Local company Titan Plant Hire Pty Ltd is facing two charges, the director of the company, Jason Frank Madalena, is also facing two charges.

The man who was operating the excavator at the time, Kim, Murray, faces one charge.

All five charges have been laid under Section 31 of the Work Health and Safety (National Uniform Legislation) Act 2011 for reckless conduct.

If found guilty, Titan Plant Hire faces a maximum combined penalty of $6 million.

Mr Madalena, as an officer of the company, faces a maximum combined penalty of $1.2 million or 5 years prison or both.

Similarly, Mr Murray faces a maximum penalty of $300,000 or five years in prison or both.

The matter will appear in court on June 23.

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