A Darwin crane hire company charged with failing to provide a safe system of work that resulted in two workers suffering serious crush injuries in 2019 has avoided prosecution by admitting it was “regretful” about the incident and accepting an enforceable undertaking to improve the company’s safety systems.

A.M. Cranes & Rigging Pty Ltd workers were pinned between a wall and a 1.8-tonne electrical switchboard at the Palmerston police station while attempting to manually position a top-heavy switchboard with the use of four load skates into a new switchboard room, causing “serious crush injuries”, including one worker suffering serious head injuries.

A.M. Cranes was charged by NT WorkSafe in December 2020 for failing to comply with their primary duty of care under the Work Health and Safety Act, but those charges were withdrawn on Tuesday, after the company agreed to the enforceable undertaking.

“The acceptance of the EU will lead to the provision of information, education and guidance materials to industry and community to ensure understanding of the risks involved and promote the implementation of appropriate management processes and work systems,” NT WorkSafe executive director Peggy Cheong said.

“The regulator believes the enforceable undertaking will act as an alternative, and hence deterrent, to a successful legal proceeding and will result in a tangible improvement in safety in the workplace, industry and the wider Territory community.”

NT WorkSafe said it would continue to monitor the undertaking to ensure its activities are completed by the company.

A.M. Cranes’s new EU consists of reviewing the company’s safety management systems – with audit reports to NT WorkSafe, training on WorkSafe’s emergency and hazard identification methods, leadership training focused on indigenous workers using an indigenous employment service company, distributing guide manuals through an indigenous employment service company where construction projects are being done, and donating to “Mates in Construction” for the improvement of workers’ mental health in the construction industry.

The total amount spent by A.M. Cranes on work health and safety activities following the incident was pegged at $25,000 per year, with an additional final financial commitment totalling $63,000 for activities including workers or the workplace ($8,000), industry ($40,000), and the community ($15,000).

A.M. Cranes director Adam Murrihy also issued a statement to WorkSafe saying the company was “regretful” of the incident and “significantly concerned” about the injuries sustained by the two workers and said the company is committed to improving health and safety management in the industry as part of the EU.

The charges against the company were withdrawn in Darwin Local Court in place of the EU.

A division of the Department of Attorney-General and Justice, NT WorkSafe assists businesses and workers to understand their obligations under work health and safety in work areas, rehabilitation and workers’ compensation in the Territory.