A WA-based civil construction company has been convicted and fined $425,000 for failing to comply with workplace laws that resulted in the death of a worker at the INPEX LNG facility in November 2017.

NT WorkSafe said 56-year-old Carl Delaney fell into a tank of perlite insulation and could not be revived while conducting high-risk insulation repair works on LNG Tank 2 – which was considered “high risk” due to it being a confined space with low ventilation and high temperatures.

The investigation found that the workers were also exposed to the risk of falling from height and engulfment in the perlite insulation, which had been pumped in between the tank’s inner and outer skin.

Whittens Group Pty Ltd pleaded guilty to breaches of Section 32 of the Work Health and Safety Act, specifically failing to comply with a health and safety duty.

NT WorkSafe director Peggy Cheong said the death shows how “useless documented plans, policies and procedures were if they are not effectively enforced and followed by the workforce”.

“The Inpex Onshore LNG Facility construction was an international joint venture partnership and a significant major project for Northern Territory,” she said.

“Fitting for such a high-profile project and in line with the hazardous work being performed at the time of the incident, six separate plans and procedures were in place to ensure the safety of the workers working in the LNG tanks.”

She said it is not enough to produce safe work method statements, job hazard assessments, and other plans or procedures if workers do not follow them.

“Proper implementation and adequate supervision of workers, especially those performing high-risk work is required by employers,” Ms Cheong said.

The regulator reminded workers that they have obligations under the work health and safety laws, which include taking reasonable care for their health and safety and the safety of others, complying with any reasonable instruction given by their employer regarding complying with the work health and safety laws, and cooperating with any reasonable work health and safety policy or procedure.

The decision to award the cost has been adjourned until May 19 2023, WorkSafe said.