Transport company charged over worker injuries
13 January 2025
A national transport company has been charged with breaching Commonwealth work health and safety laws over an incident that injured two workers in South Australia.
Following a Comcare investigation, the Commonwealth Director of Public Prosecutions has filed a single charge in the Adelaide Magistrates Court alleging K&S Freighters Pty Ltd failed in its duties under the federal Work Health and Safety Act 2011 (WHS Act).
The incident happened on 20 December 2022 at the company’s Mt Gambier depot when a forklift – with its forward view obstructed by a load of pallets – struck two workers. One of the workers suffered a broken foot, the other a head injury.
It will be alleged K&S Freighters failed to provide a safe system of work, and could have eliminated or minimised health and safety risks through measures including:
- Creating a temporary loading zone to isolate the forklift from pedestrians
- Storing excess pallets away from the loading area to allow visibility of the forklift operator and pedestrians.
The charge is a Category 2 criminal offence under the WHS Act, carrying a maximum penalty of $1.5 million.
The matter is listed for mention in the Adelaide Magistrates Court on 21 February.
K&S Freighters Pty Ltd is a licenced national employer in the Comcare scheme and subject to regulation under Commonwealth work health and safety laws.
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