Lessons from Zambo Group's $7,500 Fine for Hindering a Safety Investigation

In March 2025, Zambo Group Pty Ltd, a residential building company based in Lockleys, South Australia, was convicted and fined $7,500 for hindering a SafeWork SA investigation into a serious workplace incident. The case serves as a stark reminder of the legal obligations businesses have under the Work Health and Safety Act and the importance of full cooperation with regulatory bodies.

The Incident

On December 9, 2022, a contractor employed by Zambo Group unintentionally pulled down two overhead powerlines while conducting excavation work at a property in Prospect. SafeWork SA was notified and initiated an investigation into the incident.

Despite initial contact, Zambo Group's director failed to provide the requested documentation, including an incident report, Safe Work Method Statement (SWMS), and details of the contractors involved. This non-compliance led to a formal written notice issued on January 18, 2023, requiring the company to produce the necessary documents by January 27, 2023.

The director provided some information via email on February 2, 2023, but did not supply the requested documents. Deputy President Stephen Lieschke of the South Australian Employment Tribunal found that this was not an inadvertent oversight but a deliberate failure to cooperate, which hindered and delayed the investigation of a very serious incident .

Three Key Lessons

1. Full Compliance with Regulatory Requests is Mandatory

   Under Section 155 of the Work Health and Safety Act, businesses are legally required to comply with written notices from regulatory bodies like SafeWork SA. Failure to do so can result in convictions and significant fines. It's imperative for companies to understand that these notices are not optional and must be addressed promptly and thoroughly.
   

2. Timely and Transparent Communication is Crucial

   Delays and lack of transparency in responding to regulatory inquiries can exacerbate the situation. In this case, the director's failure to provide the requested information in a timely manner was a significant factor in the conviction. Establishing clear communication channels and protocols for responding to such requests is essential for compliance and maintaining trust with regulatory bodies.
   

3. Understanding the Importance of Documentation

   Proper documentation, including incident reports and SWMS, is not only a legal requirement but also a critical component of workplace safety. These documents help identify risks, prevent future incidents, and demonstrate a company's commitment to safety. Businesses must ensure that all safety-related documentation is accurate, up-to-date, and readily available when requested.

The Zambo Group case underscores the importance of adhering to legal obligations under the Work Health and Safety Act. Businesses must recognize that cooperation with regulatory bodies is not just about avoiding fines but is integral to fostering a safe and compliant workplace. By ensuring full compliance, maintaining open communication, and prioritizing proper documentation, companies can better protect their employees and uphold their legal and ethical responsibilities.

For more information on workplace safety regulations and compliance, visit SafeWork SA.