A recent court decision has sent shockwaves through the workplace health and safety (WHS) landscape, highlighting the critical importance of robust forklift safety measures. On March 25, 2025, the South Australian Employment Tribunal fined Mitolo Group Pty Ltd $180,000 for a catastrophic forklift incident that left a worker with life-long injuries.
The case stemmed from a May 2022 accident at Mitolo’s Adelaide potato processing facility, where a forklift driver was crushed between two vehicles. The incident exposed glaring gaps in the company’s safety protocols, particularly in managing forklift operations around pedestrians.
Deputy President Stephen Lieschke rejected Mitolo’s claim that the incident was merely a “blind spot” in an otherwise effective system. Instead, he found multiple failings in the company’s approach to workplace safety:
- Reliance on weak administrative policies
- Poor enforcement of safety measures
- Inadequate risk assessment and hazard identification
- Failure to implement proper controls for forklift collisions
The court’s decision underscores the critical need for businesses to prioritise comprehensive safety measures. As Deputy President Lieschke emphasised, “Compliance is not a matter of making a reasonable attempt at improving safety over time. It is achieved only by ensuring, before work starts, that all expertly foreseeable risks of injury are eliminated, or if that is not reasonably practicable, reduced to the greatest extent that is reasonably practicable.”
In response to the incident, Mitolo implemented several safety improvements, including:
- Updating their traffic management plan
- Installing blue reversing lights on forklifts
- Constructing elevated pedestrian walkways
- Adding safety railings and bollards
This case serves as a stark reminder for all Persons Conducting a Business or Undertaking (PCBUs) to rigorously assess and manage workplace risks, especially those involving forklifts and pedestrian interactions. It highlights the importance of proactive safety measures and the potentially severe consequences of neglecting WHS responsibilities.
