Charges against directors of a cattle company in connection to a Central Australia helicopter crash that killed an employee and left another injured have been dropped, NT WorkSafe said, after the company agreed to an enforceable undertaking over the 2018 incident.

NT WorkSafe had accused Hewitt Cattle Australia owner Michael Hewitt of failing to comply with the obligations of an officer under the NT Work Health and Safety Act, with charges laid arising from the fatality and other matters.

On Friday, NT WorkSafe executive director Peggy Cheong said the organisation had withdrawn the charges and complaint against the company’s two directors, Michael Hewitt and Ben Hewitt, after the company showed it had spent more than $1 million to improve safety on their properties, particularly in actions relating to their aerial operations.

“The enforceable undertaking will further assist officers in understanding their duty under the Act for ensuring that safe systems of work are implemented in the workplace,” Ms Cheong said.

“It is a timely reminder and message for officers to be aware of their obligations to not only have safe work systems but to ensure that such systems are actioned and implemented as part of their duty under the Act.”

WorkSafe said the enforceable undertaking is given without any admission of fault and included terms that require a spend of $55,000 “to undertake a range of activities to improve safety systems” within Hewitt Cattle Australia Pty Ltd and deliver health “and safety initiatives to the agricultural industry and wider community”.

The enforceable undertaking for the company includes the following activities:

– organising and participating in a training program through an accredited Work Health and Safety (WHS) Registered Training Organisation to increase knowledge on hazards and risk assessments, and safety management systems;

– presenting at a Northern Territory Cattleman’s Association event (or equivalent forum) to broaden industry knowledge on WHS compliance and development of appropriate WHS systems for pastoral properties conducting aerial operations; and

-funding a feasibility study to assess the viability of a dedicated aviation emergency response aircraft or organisation based out of Alice Springs to service remote communities around the area.

“The regulator believes the enforceable undertaking offers a similar deterrent to a successful legal proceeding and will result in a tangible improvement to safety in the workplace, industry and the wider Territory community,” Ms Cheong said.

“NT WorkSafe has commenced monitoring the enforceable undertaking to ensure the activities are implemented and will continue to do so until the undertaking is completely discharged.”

An Australian Transport and Safety Bureau investigation found the pilot of the helicopter who was killed in the crash at Ambalindum Station in Central Australia in November 2018 had a blood alcohol concentration level of 0.14 at the time of the crash and that the Robinson R22 helicopter was likely overloaded.

The company’s 24-year-old head stockman was the man injured in the crash.

The ATSB investigation concluded the likely cause of the crash was the helicopter being flown unnecessarily low which encountered turbulence with insufficient height to recover before crashing.