Mitolo Group has been fined $180,000 following a serious workplace incident in which an employee sustained life-threatening injuries after being struck by a reversing forklift.
The South Australian Employment Tribunal handed down the penalty on 21 March 2025, after SafeWork SA prosecuted the company for breaching section 32 of the Work Health and Safety Act 2012 (SA). The breach related to Mitolo’s failure to adequately separate forklift operations from pedestrian activity within the workplace.
The incident occurred on 30 May 2022 at the company’s Penfield Gardens potato processing site. A worker had exited his stationary forklift in the ‘specials’ line area, adjacent to a marked pedestrian walkway, to retrieve a pair of gloves. During this time, a second forklift, reversing through the area, struck and pinned him between the two machines. The worker suffered a crushed pelvis, spinal fractures, and internal injuries.
A subsequent SafeWork SA investigation revealed the company had not established a designated safe stopping zone for forklifts in the specials line area. It also found that Mitolo had insufficient systems and procedures for managing the interaction between workers and forklifts in that zone.
In response to the incident, SafeWork SA issued two prohibition notices on the forklifts involved, two improvement notices regarding traffic management procedures and forklift pre-start checks, as well as several non-disturbance and information notices. Mitolo complied with all statutory directions.
In June 2022, Mitolo conducted a written hazard identification and risk assessment (HIRA) of its forklift operations. This assessment, which took into account the need to manage approximately 200 forklift movements per hour — roughly one every 20 seconds — identified several additional safety controls that were deemed reasonably practicable.
Since the incident, the company has implemented a range of improvements, including an updated Traffic Management Plan with a safe stopping procedure, new reversing lights on forklifts, workforce retraining, and the installation of elevated pedestrian walkways, additional signage, bollards, railings, and an elevated work platform.
Deputy President Lieschke, in delivering his judgment, acknowledged the company’s efforts post-incident but noted the significant failure to implement safety measures earlier.
“Mitolo’s offence resulted in unsafe traffic management in the specials area,” he stated.
“This resulted from Mitolo’s serious failure to ensure the safety of its employees so far as was reasonably practicable. It failed to do so because it did not identify and implement all the reasonably practicable safety measures that were available, many of which were later implemented.”
The Tribunal recorded a conviction, imposed a fine of $180,000, and ordered Mitolo to pay a $424 Victims of Crime Levy and contribute $3,410 to SafeWork SA’s legal costs.
What this means for businesses
Hazard identification and risk assessments play a vital role in ensuring worker safety, particularly in workplaces where forklifts and pedestrians operate in close proximity. In this case, eight forklifts were moving within the same area as workers, without effective traffic management systems in place — exposing employees to a significant risk of serious injury or death. That risk tragically materialised.
Workplaces with mobile plant operating near personnel must treat this scenario as a critical work health and safety concern. Implementing high-order safety controls is essential to prevent potentially devastating incidents. Don’t wait to implement effective safety measures after an incident has already occurred, rather take a proactive, preventative approach.
