Incident Highlights Safety Risks

The Commonwealth Director of Public Prosecutions has filed a charge against K&S Freighters Pty Ltd in the Adelaide Magistrates Court, alleging a breach of the federal Work Health and Safety Act 2011 (WHS Act).

The charge relates to an incident on 20 December 2022 at the company’s Mount Gambier depot, where a forklift carrying a load of pallets struck two workers. Due to the obstructed forward view of the forklift operator, one worker sustained a broken foot, while the other suffered a head injury. 

Read the official media release here.

 

Allegations Against the Company

It is alleged that K&S Freighters failed to provide a safe system of work and did not take reasonable steps to eliminate or minimise risks, such as:

  • Establishing a temporary loading zone to separate forklifts from pedestrians.
  • Storing excess pallets away from the loading area to improve visibility.

The charge is classified as a Category 2 criminal offence under the WHS Act, carrying a maximum penalty of $1.5 million.

 

What Employers Need to Know

Workplace Safety Obligations Under the WHS Act

The Work Health and Safety Act 2011 mandates that employers must:

  • Provide a safe working environment.
  • Identify hazards and assess risks in the workplace.
  • Implement effective controls to eliminate or reduce risks to health and safety.

In this case, the alleged failure to implement simple measures—such as isolating pedestrian areas and improving visibility—serves as a stark reminder of the importance of proactive safety planning.

 

Consequences of Non-Compliance

Breaching the WHS Act can lead to significant legal and financial repercussions. Criminal charges, like those brought against K&S Freighters, can result in substantial penalties and reputational damage. Employers found guilty of non-compliance risk penalties up to $1.5 million for Category 2 offences.

 

Steps to Ensure a Safe Workplace

To meet obligations and safeguard employees, employers should:

1. Conduct Regular Risk Assessments: Identify hazards such as obstructed visibility and pedestrian-vehicle interactions.

2. Implement Risk Controls: Use physical barriers, designated zones, and clear procedures to separate high-risk areas from workers.

3. Provide Training: Ensure staff are trained in safe work practices, particularly in high-risk environments.

4. Review Safety Systems: Regularly update systems and processes to align with best practices and regulatory requirements.

 

This case highlights the critical need for all employers to prioritise workplace safety, ensuring that systems, training, and risk controls are in place to protect workers and prevent costly incidents.