Unions have called for a rethink on tougher industrial manslaughter laws and better resourcing for the ACT's work safety regulator after the failed prosecution over the death of construction worker Ben Catanzariti.
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Mr Catanzariti was killed when the boom of a concrete pump collapsed and crushed him in July 2012.
The death, and two others in the same 12-month period, shocked the community and prompted promises from the government to get tough on work site safety.
An inquiry was launched, producing the Bringing Them Home Safely report, which made 28 recommendations to government, all of which were accepted.
The resources of the work safety watchdog, WorkSafe ACT, were boosted, and it was given tougher powers.
A high-profile prosecution was launched in 2014 over Mr Catanzariti's death, under nationally harmonised work health and safety laws introduced in 2011.
The case against concrete machinery company Schwing Australia and a NSW engineer alleged that bolts were improperly tightened and then not checked properly, causing the boom to collapse.
But the prosecution was bogged down by delays until this year, when new evidence, obtained by the company and WorkSafe independently, suggested bolt tightening was not the cause of the failure.
That forced prosecutors to drop their case on Monday, almost two years since it began, saying they could no longer be confident of proving their case against either defendant.
Unions ACT has called for the government to review its resourcing of WorkSafe ACT, saying that, even with funding boosts since 2012, it appears to be struggling with complex investigations into serious accidents or fatalities.
The territory's peak body for unions has also highlighted the weakness of the penalty for company Canberra Contractors, which was fined $82,500 for the death of Wayne Vickery, who was struck by a road grader at a Canberra work site.
They've called that fine a "slap-on-the-wrist", and urged the government to consider reviewing industrial manslaughter laws, to ensure they are strong enough to be used by prosecutors and regulators.
Those much tougher laws carry a 20-year maximum jail term and exist under the Crimes Act.
Secretary Alex White said the way the Catanzariti case played out – dragging on and then abandoned at the last minute – was dreadful for the family and friends of the killed worker.
"You need sufficient resources for the regulators to conduct a proper investigation in the event of a serious accident or fatality," he said.
"But you also need prosecutors and regulators who are willing to undertake a prosecution.
"It's good that we've got these laws, but if the prosecutors and the regulators aren't prepared to use them, then we've got an issue.
"These two cases, coming quite close together, should give the government cause to review the industrial manslaughter laws, to see whether they're strong enough."
Workplace Safety Minister Mick Gentleman was approached for comment on Tuesday, but was unable to respond before deadline.
