SafeWork South Australia Commences First Industrial Manslaughter Prosecution

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SafeWork South Australia Commences First Industrial Manslaughter Prosecution

A South Australian manufacturer and its two directors have been charged with industrial manslaughter under section 30A of the WHS Act 2012 (SA). The charges arise from an incident in July 2024 in which Lachlan Carslake was fatally struck in the head by a metal object whilst operating a milling machine. The charges mark the first industrial manslaughter prosecution in South Australia by SafeWork SA.

Court documents contend that the milling machines were fitted with an interlock guarding system, however, the interlock device on the machine that was operated by Mr Carslake at the time of the incident was allegedly in a "disabled state". The documents further allege that an external technician that was engaged by the manufacturer two days prior to the incident had identified and advised of the issue.

In addition to the charges under section 30A, the manufacturer's project manager has also been charged with a category 1 offence under section 31 of the Act, which carries a maximum penalty of five years' imprisonment and a fine of up to $300,000. The charge alleges gross negligence or reckless conduct that exposed an individual to a risk of death or serious injury.