Building giant John Holland could be facing fines of up to $1.5 million in Australia's first criminal prosecution under national health and safety laws that have been on the books for three years.
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Federal prosecutors have lodged the case in the Adelaide Magistrates Court over a terrifying accident on a building site in the city's north two years ago.
Two unsuspecting drivers were lucky to evade death when a large concrete pipe fell on their cars as they drove under the $842 million South RoadSuperway, the state's largest-ever roading job.
After a two-year investigation, federal health and safety authority Comcare has instructed prosecutors to bring the criminal action against the giant company, alleging serious breaches of the work safety laws.
If found guilty, John Holland could be liable for up to $1.5 million in fines.
It is understood high burdens of proof and the complexity of evidence-gathering have prevented authorities from bringing cases to court so far under the Work Health and Safety Act 2011, but that prosecutions are looming against other large operations.
It is alleged one of the motorists, Jonathan Gardner, was driving north along South Road in peak-hour traffic when the 2.2-metre-long concrete stormwater pipe plunged 15 and smashed into his sedan.
Mr Gardner escaped serious injury, as did the second motorist hit by the pipe, Lovelina Ramirez.
John Holland has not yet entered a plea and a spokeswoman told Fairfax on Thursday that the company would not comment on a case that was before the courts.
Prosecutors allege John Holland failed to undertake a "task risk assessment" for the "extreme risk activity" of installing pipes and conduits at the arterial road project.
The builder is also accused of failing to draw up a "safe work method" for the installation of the stormwater pipe, exposing Mr Gardner and Ms Ramirez to the risk of death or serious injury.
The third charge alleges John Holland failed to apply auditing procedures for the work of installing the fibrous-reinforced-cement stormwater pipe.
A Comcare spokeswoman said only brief detail of the case could be released
"Comcare alleged that John Holland failed to ensure, so far as was reasonably practicable, that the health and safety of other persons was not put at risk from work carried out," she said.
"Comcare alleged that John Holland Pty Ltd breached section 32 of the Work Health and Safety Act 2011 (Cth) by failing to comply with a health and safety duty.
"It is inappropriate for Comcare to comment further while the case is before the court."
The case is due to come to court in October.
