One of Australia's largest construction companies has avoided a criminal prosecution over the death of a man in Darwin when he crashed his motorbike into a faulty traffic diversion.
NT WorkSafe has accepted an enforceable undertaking from Queensland company BMD Constructions Pty Ltd over the death of 43-year-old musician and sound engineer Peter Bonnell.
He was killed on the night of April 30 2016 when his motorbike crashed into the diversion that was set up during the duplication of Tiger Brennan Drive, Darwin's major entrance road.
The advisory speed limit of 60km/h was far too high for the curved and poorly lined road, which was dangerous and breached safety laws, a coronial inquest found last year.
Under the terms of the sanction, BMD will spend a minimum of $305,000 on activities "that will deliver health and safety benefits to BMD's workers, the NT construction industry and wider community".
The enforceable undertaking - a softer option than a prosecution - was appropriate because the traffic diversion set up was not the sole contributing factor to the incident, NT WorkSafe Acting Executive Director Mel Garde said.
"There is an obligation to not only protect workers from the hazards of oncoming traffic, but also to protect road users from potential hazards created by the worksite," she said.
Charges against BMD of failing to comply with their health and safety duties that could have resulted in a maximum penalty of $1.5 million will be withdrawn.
Northern Territory Coroner Greg Cavanagh's findings early last year into the death noted Mr Bonnell's blood alcohol level was 0.204 per cent, four times the legal limit and that "his intoxication was a significant factor in relation to the manner he rode the motorbike".
He also criticised WorkSafe for taking too long to act, forcing the need for an inquest, and recommended the government consider creating an offence regarding the failure to comply with national traffic standards.
WorkSafe charges against the Department of Infrastructure, Planning and Logistics that it failed to ensure a safe work environment, systems and adequate staff training are still before the courts.