Comcare prosecutes transport firm for workplace injuries

Comcare Prosecutes Transport Firm for Workplace Injuries

A national transport company faces prosecution for breaching Commonwealth Work Health and Safety obligations following an incident that left two workers injured at a South Australian depot. Comcare, the federal work health and safety regulator, initiated the action after investigating a forklift collision that raised serious questions about risk management practices within the firm's operations.

Following a Comcare investigation, the Commonwealth Director of Public Prosecutions has laid a single charge in the Adelaide Magistrates Court, alleging the company failed to meet duties set out under the federal Work Health and Safety Act 2011 (WHS Act). This case highlights how safety management systems must address foreseeable hazards before incidents occur, not after.

What Happened at the Mt Gambier Depot

On 20 December 2022, an incident occurred at the company's Mt Gambier depot involving a forklift. The vehicle's forward visibility was hindered by a load of pallets, and it collided with two employees. One worker suffered a broken foot, while the other sustained a head injury.

Obstructed sightlines remain among the most common hazards in depot and warehouse environments across Australia, and this incident underscores why proactive hazard identification forms a cornerstone of effective safety management. When forklift operators cannot see clearly around bulky loads, pedestrian workers become vulnerable to preventable collisions.

Court Proceedings and Next Steps

The matter is scheduled to be heard in the Adelaide Magistrates Court on 21 January. Outcomes from this case may offer further clarity for transport and logistics operators on how courts interpret due diligence obligations under the WHS Act.

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Why Forklift Safety Management Matters

Forklift-related incidents remain a persistent concern within transport and warehousing sectors, where blind spots, poor visibility, and inadequate pedestrian segregation contribute to recurring hazards. Robust safety management practices help operators identify these risks before they result in harm.

Employers should consider the following elements when reviewing forklift safety management protocols:

• Load height and placement restrictions to preserve operator visibility
• Clearly marked pedestrian zones separated from forklift travel paths
• Regular risk assessments covering depot layout and traffic flow
• Spotter or reversing alarm requirements for loads that obstruct sightlines
• Ongoing worker training on hazard recognition and reporting

Comcare's continued enforcement activity, including prior action outlined in Comcare's charges against a construction firm for worker fall injuries, signals that regulators expect consistent risk management across industries, not just within transport. Health and safety obligations under the WHS Act apply broadly, and businesses managing heavy machinery face particular scrutiny.

Transport remains one of the sectors most affected by serious workplace incidents, as detailed in our coverage of how transport leads in workplace fatalities nationally. Strengthening safety management frameworks within depots and distribution centres can reduce the likelihood of similar incidents recurring.

Key Takeaways for Safety Professionals

This prosecution reinforces several practical lessons for health and safety management teams across construction, manufacturing, and logistics:

• Visibility hazards from oversized or stacked loads require documented risk management strategies
• Health and safety management systems must be reviewed regularly against operational realities, not just paperwork
• Regulators including Comcare actively pursue enforcement when duty holders fail to manage known risks
• Worker safety depends on consistent application of hazard controls, not one-off compliance checks

Businesses seeking to strengthen their safety management documentation may benefit from reviewing standard operating procedures for equipment handling, such as our SOPs for equipment maintenance, which support consistent hazard control practices across sites.