Adelaide, SA – In a landmark legal development, a prominent Edwardstown manufacturing firm and two of its directors have been charged with industrial manslaughter, marking the first time such serious allegations have been laid in South Australia.

The charges, filed by the Director of Public Prosecutions (DPP), stem from the tragic death of 28-year-old Lachlan Carslake, who died on July 24, 2024. Mr Carslake was allegedly struck in the head by a metal object ejected from a milling machine while working at the Nylastex facility.

Tragic Incident Unravels

According to court documents, the incident occurred while Mr Carslake was operating one of the company's milling machines. These machines are typically fitted with an interlock guarding switch, designed to prevent operation at hazardous speeds when the protective guard is open. However, it is alleged that on the machine Mr Carslake was using, this crucial safety switch was "in a disabled state."

Further allegations detail that Mr Carslake died as a direct result of being hit by a metal object forcefully expelled from the machine while the interlock switch was compromised and a moveable guard was open. Alarmingly, an external technician engaged by Nylastex Tooling Pty Ltd had reportedly advised the company of "safety concerns" regarding the guarding switch just two days prior to Mr Carslake's death.

Extensive Investigation Leads to Charges

The charges follow an extensive investigation conducted by SafeWork SA, the state's workplace safety watchdog. The DPP recently lodged the charges in the Adelaide Magistrates Court against Nylastex Tooling Pty Ltd, Nylastex Holdings Pty Ltd, and its two directors.

The companies and their directors are alleged to have "breached" their health and safety duty by engaging in conduct with gross negligence that led to the worker's death, or by being reckless as to the risk of death or serious injury. Additionally, a project manager within the company has also been charged for allegedly engaging in gross negligence or reckless conduct under the Work Health and Safety Act 2012.

New Legislation, Serious Penalties

The introduction of industrial manslaughter as a criminal offence in South Australia came into effect on July 1, 2024, just weeks before Mr Carslake's death. This legislation aims to hold individuals and corporations accountable for workplace fatalities caused by gross negligence or reckless behaviour.

The maximum penalty for individuals found guilty of industrial manslaughter is 20 years imprisonment, while corporations face potential fines of up to $18 million. These severe penalties underscore the state's commitment to ensuring workplace safety and deterring negligent practices.

All defendants involved in the case are expected to appear in court in August. Our news desk has reached out to the company for comment regarding the charges.