Kenoss Work Health and Safety $1.1m fine – Due Dilligence Duty Holders Defined
Mckie v Al-Hasani and Kenoss Contractors Pty Ltd (in liq)
The ACT Magistrates Court applied a penalty of $1.1 Million against Kenoss Contractors who were found to be responsible for the death of Michael Booth the driver of a truck during tipping a load on site. The truck tray contacted power lines resulting in the electrocution.
Kenoss was found guilty of knowing the hazard was present, taking simple steps to control the risk and not discharging its duty of care.
There are lessons for Directors, Managers and Supervisors about the application of rules regarding who is an Officer for Due Diligence purposes.