Mikhail is the senior factory manager who reports to Executive Directo John. Mikhali is responsible for all issues relating to the factory including safety. Unfortunately, during the year because of a fault with an overhead gantry crane a load of steel broke loose and killed a factory worker. Upon investigation it was found that the relevant Australian safety standards at the time did not mention the need to check whether the split pin was in the gantry crane was present. However, it "would have been obvious to a competent person" that the split pin was an essential safeguard. The deceased worker was a recently graduated mechanical engineer. John and Ngoc were aware of the deficiencies in the factory regarding the gantry crane and other safety issues but did not feel they were important enough to keep the fellow board members informed. Issues they seek advice on: 1. Who is liable for the death of the worker and why? 2. Does the company and all the directors have a responsibility to prevent the injury? 3. Are John and Ngoc liable for not reporting the issues to the fellow board members?

Please give solutions in reference to the Corps ACT 2001 and the specific sections