Charges laid after construction site fall

Farrell v Arcon Architectural Construction Pty Ltd

10 June 2025

SafeWork SA has commenced proceedings against an Adelaide construction company and its director after a worker was seriously injured when she fell from one level to another at a city construction site.

Criminal proceedings were commenced against Arcon Architectural Construction Pty Ltd and the company director in the South Australian Employment Court on 10 June 2025.

The charges relate to an alleged incident that occurred at a construction site in the Adelaide CBD on 23 June 2023.

Following an investigation by SafeWork SA, it is alleged that the company failed in its duty to protect the health and safety of workers in the workplace by allegedly failing to ensure that temporary live edge protection was adequately installed.

Safework SA has alleged that the director failed in their duty to ensure the business complied with its duties under the Work Health and Safety Act 2012.

SafeWork SA has charged both the company and its director with a Category 2 offence pursuant to section 32 of the Act.

Charges laid after alleged asbestos exposure

Farrell v 24 Power Fit Pty Ltd

5 June 2025

SafeWork SA has filed charges against an Adelaide fitness centre and its director after workers, staff and patrons of the centre were allegedly exposed to airborne asbestos fibres.

Criminal proceedings were lodged against 24 Power Fit Pty Ltd and its director in the South Australian Employment Court on 5 June 2025.

The charges relate to work that occurred between 1 May and 24 June 2023.

It is alleged the business failed in its duty to protect the health and safety of workers and other persons in the workplace when they were possibly exposed to a risk of airborne asbestos fibres during demolition and renovation works.

SafeWork SA has alleged that the director failed in his duty to ensure the business complied with its duties under the Work Health and Safety Act 2012.

SafeWork SA has charged both defendants with a Category 3 offence under section 33 of the Act.

Charges laid after worker’s hand allegedly crushed by machine

Farrell v Bureau Veritas Minerals Pty Ltd

28 May 2025

SafeWork SA has filed charges against a mineral testing organisation after a worker allegedly sustained a serious hand injury while clearing a blockage in a rock crushing machine.

Criminal proceedings were lodged against Bureau Veritas Minerals Pty Ltd in the South Australian Employment Tribunal on 28 May 2025.

The charges relate to an incident at the company’s Wingfield site on 29 June 2023.

It is alleged that the defendant’s failure to comply with its health and safety duty exposed the worker to a risk of serious injury.

This risk allegedly materialised when a worker’s right hand became entangled in the internal rollers of the crusher resulting in serious injury.

SafeWork SA has alleged there was a common practice of workers removing the rock crushing machine’s guard and metal arm to dislodge rock material by hand from between the two internal rollers, making it possible for a worker to become entangled in the internal rollers of the crusher.

It is alleged the defendant failed to identify the risk of a worker operating a rock crusher without a functioning interlocked guard and also that it failed to ensure the worker was adequately trained and supervised when he undertook the task.

SafeWork SA has charged Bureau Veritas Minerals with a Category 2 offence under section 32 of the Work Health and Safety Act 2012.

Charges laid after worker allegedly engulfed in flame

Farrell v Winona Way Pty Ltd

22 May 2025

SafeWork SA has filed charges against an Adelaide hotel and its managing director after a worker was allegedly engulfed in flames while re-fuelling a decorative fireplace.

Criminal proceedings have been lodged against Winona Way Pty Ltd, trading as The Gully Public House and Garden, and its managing director, deemed an Officer for the purposes of the Work Health and Safety Act, in the South Australian Employment Tribunal on 22 May 2025.

The charges relate to an incident which occurred at the hotel on 2 June 2023.

It is alleged the worker was employed at The Gully Public House and Garden where he was required to re-fuel a bioethanol fuelled fireplace using a 25L plastic container.

The fuel or vapours allegedly ignited resulting in the worker suffering significant burns.

SafeWork SA has alleged the defendants failed to ensure that the task was undertaken in compliance with the manufacturer’s safety instructions and using the manufacturer’s authorised accessories and equipment and also that the worker was adequately trained and supervised when he undertook the task.

It is alleged both defendants failed to comply with their health and safety duty and exposed the worker to a risk of death or serious injury.

SafeWork SA has charged both defendants with a Category 2 offence under section 32 of the Work Health and Safety Act 2012.

Charges laid over exposure to ‘unsafe’ lead levels

Farrell v AGL Torrens Island Pty Limited 

16 May 2025

SafeWork SA has lodged criminal proceedings against AGL Torrens Island Pty Limited, alleging the company exposed workers to unsafe levels of lead during the de-commissioning of its ‘A’ power station.

SafeWork SA launched the action in the South Australian Employment Court on 16 May 2025 following a lengthy and complex investigation.

It is alleged that AGL Torrens Island Pty Limited engaged the workers to de-commission the ‘A’ power station between October 2022 and April 2023.

This involved de-energising, or preparing to de-energise, cabling throughout the power station, allegedly exposing the workers to lead or lead dust.

Personal Protective Equipment (PPE) was provided – but allegedly did not include a full-face respirator.

Five workers allegedly recorded an elevated blood lead level subsequent to the work.

It is alleged that AGL Torrens Island Pty Limited’s failure to comply with its health and safety duty exposed workers to unsafe levels of lead.

SafeWork SA has charged AGL Torrens Island Pty Limited with a Category 2 offence under section 32 of the Work Health and Safety Act 2012.