Charges laid in South Australia's first case of industrial manslaughter

Charges have been laid against a manufacturing and fabrication group and its two directors in South Australia’s first case of industrial manslaughter. The charges follow a 2024 incident in which, it is alleged, a 28-year-old worker was operating a milling machine and died after being struck in the head by a metal object ejected from the machine.

An interlock guarding switch that was designed to prevent this from occurring had been disabled and/or bypassed, it is further alleged, and an external technician had allegedly advised two days prior to the worker’s death that there were safety concerns with the guarding switch.

It is alleged that the companies and its two directors, who had a health and safety duty to their workers, breached that duty by engaging in conduct with gross negligence that caused the death of the worker or were reckless as to the risk of death or serious injury.

Also charged — with a Category 1 offence of engaging in gross negligence or reckless conduct contrary to Section 31 of the Work Health and Safety Act 2012 — is a project manager employed by the company. The defendants will appear in court at a later date.

Following an extensive SafeWork SA investigation, charges were filed in the Adelaide Magistrates Court on 23 July 2026. The matter was referred to the Director of Public Prosecutions, who laid the charges. Becoming a criminal offence in South Australia on 1 July 2024, for industrial manslaughter, individuals face a maximum penalty of 20 years’ imprisonment while the maximum fine for a corporate is $18 million.

SafeWork SA advised that a person commits industrial manslaughter if:

• they have a health and safety duty under the Work Health and Safety Act
• they engage in conduct that breaches that duty
• the conduct causes the death of an individual to whom that duty is owed, and
• the person engages in the conduct with gross negligence or is reckless as to the risk to an individual of death or serious injury or illness.

Image credit: iStock.com/Matveev_Aleksandr. Stock image used is for illustrative purposes only.