A. Haros Demolition Pty Ltd was sentenced in the South Australian Employment Court on 2 July 2026 following a SafeWork SA prosecution.

The company pleaded guilty to a Category 2 offence under the Work Health and Safety Act 2012 for failing to comply with its health and safety duty to a worker.

The offence related to demolition work being undertaken at a residential property on South Road, Thebarton, on 15 November 2023.

Leading up to the incident, a worker was picking and sorting debris while an excavator was being operated nearby. At about 3.30pm, the excavator bucket became caught on a tree root and swung towards the worker, striking his left foot.

The worker sustained a severe crush injury that resulted in the amputation of all toes and part of the forefoot on his left foot.

A SafeWork SA investigation found the company failed to adequately enforce key safety controls, including maintaining an exclusion zone around the excavator, implementing an effective communication system between workers and the excavator operator, and ensuring a spotter was present when workers were working near operating mobile plant.

The court heard that while a Safe Work Method Statement (SWMS) identified these controls, they were not adequately enforced on the day of the incident.

In his sentencing remarks, Auxiliary Judge Hannon said the risk of injury from workers being struck by mobile plant was obvious and had already been identified by the company in its own safety documentation.

“I accept that Haros has acted diligently and responsibly in reviewing its operational systems, and that it has taken steps which, subject to continuing implementation, will significantly reduce the risk of injury in similar circumstances,” Judge Hannon said.

“However, given the nature of Haros’ ongoing business operations involving excavation and demolition at varying worksites, there needs to be reinforcement of the requirement that not only must an appropriate SWMS be in place, but that it must be implemented and monitored every day of work and throughout the day to ensure that the resources (human or otherwise) are in place to make SWMS as effective as it is intended to be.”

The court recorded a conviction and imposed a fine of $120,000, which was reduced by 40 per cent to $72,000 for the company's early guilty plea.

The company was also ordered to pay SafeWork SA's legal costs of $1,210 and a Victims of Crime Levy of $451.

Attribute to SafeWork SA Executive Director Glenn Farrell:

Mobile plant such as excavators presents significant risks when workers and machinery operate in the same area.

Exclusion zones, effective communication systems and active supervision are fundamental safety measures that must be implemented and enforced whenever mobile plant is operating.

This case highlights that having safety procedures documented is not enough. Businesses must ensure those controls are actively monitored and consistently followed on every worksite, every day.

Workers can suffer devastating and permanent consequences when established safety controls break down.

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