On 1 March 2024, a worker was sentenced in the Pine Rivers Magistrates Court for breaching section 190 of the Work Health and Safety Act 2011 (‘the Act’). The defendant pleaded guilty to intimidating inspectors at a commercial construction site at Brendale on 29 May 2023.

On the above date Workplace Health and Safety Queensland (‘WHSQ’) inspectors attended the workplace to carry out a pro-active compliance audit. The inspectors were wearing clothing that identified them as employees of WHSQ and also had on hi-vis vests and wore identity cards identifying them as WHSQ inspectors. The inspectors took up with the site supervisor, identified themselves as inspectors under the WHS Act and explained the purpose of their visit before accompanying this person on a workplace inspection of the worksite.

At around 12 midday, the inspectors had moved to the second level of the construction site when the defendant, who is a 54 year old male employed as a concrete stressor, commenced yelling abuse at them. The defendant continued to be highly abusive and behaved in an aggressive manner, approaching the inspectors while gesturing and waving his arms around as he held a cordless grinder in one hand. He approached the inspectors to within 2-2.5 metres of their group, continuing to yell abuse at the group. The Inspectors endeavored to speak politely and calmly to the defendant however the defendant continued to yell abuse at them and referred to one of the male inspectors in a derogatory manner, using offensive language on multiple occasions.

The Inspectors were concerned about the defendant’s agitated behaviour and one of the inspectors believed the defendant was threatening violence on him. That inspector felt intimidated and highly threatened by the defendant’s behaviour and abuse believing the defendant wanted to assault him and inflict physical harm on him.  The inspectors formed a view that it was entirely possible the defendant would assault the inspectors due to his behaviour and abuse.

One of the inspectors describes being shocked and unsettled by the defendant’s yelling and abuse and keeping an eye on observing him as she was unsure of what he may do which caused her to become worried and anxious. The inspector describes the worrying aspect was the fact the defendant had the power tool in his hand, and she was worried he may use it as a weapon against them which made her feel intimidated.

The inspectors moved away from the defendant as they felt unsafe being near him. The site supervisor and a nearby worker also described the defendants conduct as threatening, aggressive and offensive toward the inspectors. The matter was investigated by Workplace Health and Safety Queensland Investigators where the defendant was identified from induction records at the workplace.

The presiding Magistrate noted the statement of facts which detailed the offending by the defendant and stated his conduct was inappropriate and observed he should not behave as he did at the workplace. His Honour took in to account the plea of guilty entered by the defendant, which occurred on the return of the summons, noting the defendant was entitled to a discount on the penalty otherwise that may be imposed as he has co-operated with the administration of justice and the plea may also be taken as an expression of remorse.

His Honour noted the defendant had a relevant and recent previous conviction for a like offence. His Honour also took in to account the defendant’s submission that he acknowledged he had anger issues and could be hot-headed and that he was desirous of undertaking an anger-management course which his Honour observed showed the defendant had self-reflected on his behaviour and that can be considered a step towards rehabilitation.

His Honour noted the defendant’s submissions as to his present family circumstances and his financial commitments which showed the defendant in a lean financial position. His Honour considered that a period of probation would assist the defendant to obtain the assistance he had stated he wished to obtain in regard to his behaviour as well as balancing those matters he was required to take in to account when sentencing for this offence; that is, deterrence and denunciation of the defendant’s conduct which were important features in imposing a sentence.

His Honour exercised his discretion not to record a conviction noting that it may affect the defendant’s future employment prospects.

OWHSP contact: enquiries@owhsp.qld.gov.au