On 20 December 2024, a timber mill company was convicted in the Brisbane Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (the Act), having failed to comply with its primary health and safety duty pursuant to section 19(1).

The defendant operated a timber mill which utilised a de-barker machine to strip the bark from timber logs which were then further processed. The offending involved a failure by the defendant to implement the following controls in relation to the de-barker machine:

• Install perimeter guarding and instruct workers not to access the operating areas of the machine;
• Ensure operators of the machine were instructed to switch off and isolate the controls of the machine before any maintenance or repairs were investigated or undertaken;
• Undertake a risk assessment of the de-barker and implement controls to address the hazard.

The risk caused by that failure eventuated on 4 January 2023. A worker of the defendant was killed when he was struck by a 500kg log as it was ejected from the de-barker machine.

In sentencing, His Honour Magistrate Pinder referred to the defendant’s approach to safety as blasé and wholly inadequate. His Honour found that general deterrence was important in circumstances and said he was concerned that the machine was operated for a significant period without the required guarding. He noted the WHS role was vacant and not advertised for 2 years, and the concession by the director that not much was done to ensure safety. He also noted that the steps taken following the offending were not complicated, burdensome or costly.

His Honour took into account the defendant’s remorse, early plea of guilty, and lack of prior offences.

He considered that it was an objectively very serious offence and fined the defendant $300,000 with no conviction recorded. The defendant was also ordered to pay costs.

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