An Edwardstown manufacturing and fabrication group and its two directors have been charged with South Australia’s first case of industrial manslaughter following the death of a 28-year-old worker.
Charges against Nylastex Tooling Pty Ltd, Nylastex Holdings Pty Ltd and the directors were filed in the Adelaide Magistrates Court on 23 July 2026 following an extensive SafeWork SA investigation.
The charges relate to a workplace fatality that allegedly occurred at the company’s Edwardstown plant on 24 July 2024.
It is alleged the worker was operating a milling machine when he was struck in the head by a metal object that had been ejected from the machine.
It is further alleged that an interlock guarding switch that was designed to prevent this from occurring had been disabled and/or bypassed.
Two days prior to the worker’s death an external technician engaged by Nylastex Tooling Pty Ltd had allegedly advised that there were safety concerns with the guarding switch.
The companies and its two directors had a health and safety duty to their workers.It is alleged they breached that duty by engaging in conduct with gross negligence that caused the death of the worker or were reckless as to the risk of death or serious injury.
A project manager employed by the company has also been charged with a Category 1 offence of engaging in gross negligence or reckless conduct contrary to Section 31 of the Work Health and Safety Act 2012.
The defendants will appear in court at a later date.
The matter was referred to the Director of Public Prosecutions, who laid the charges. Industrial manslaughter became a criminal offence in South Australia on 1 July 2024. Individuals face a maximum penalty of 20 years’ imprisonment while the maximum fine for a corporate is $18 million.
A person commits industrial manslaughter if:
- they have a health and safety duty under the Work Health and Safety Act
- they engage in conduct that breaches that duty
- the conduct causes the death of an individual to whom that duty is owed, and
- the person engages in the conduct with gross negligence or is reckless as to the risk to an individual of death or serious injury or illness.
Making industrial manslaughter a criminal offence was a key State Government election commitment and brings South Australia into line with other states and territories across Australia.
As the matter is before the courts, SafeWork SA is unable to comment further.
Source: SafeWork SA
