Background:

  • In March 2012, a tip truck driver employed by Kenos Contractors Pty Ltd (Kenos) was electrocuted and killed when the back of his truck came into contact with powerlines while he was offloading material at a road construction site.
  • Kenos and a senior manager have been charged with category two offences under section 32 of the ACT WHS laws, for failing to comply with their health and safety duties and exposing an individual to the risk of death or serious injury.

Outcome:

  • The matter is the first case where an officer has been charged following a fatality under the harmonised WHS laws and is yet to be considered by the courts.