On 24 February 2025, a defendant was sentenced in the Brisbane Magistrates Court for breaching sections 19 and 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its primary health and safety duties.

The charge arose from an incident at a school on 4 June 2019 in which a 16-year-old Industry, Technology and Design student was injured when his left thumb was pulled into an unsecured bench grinder.

Sometime prior to 1 December 2016 the school acquired an Abbott & Ashby brand industrial bench grinder. The grinder had a multitool belt and disc grinding attachment.

On three occasions between 1 December 2016 and 29 November 2018, the grinder was inspected during which it was noted that it was not bolted down. On one of those occasions, it was noted the grinder had a broken belt pulley.

On 4 June 2019, students attended a lesson at the school. The grinder, with attachments, was located on a benchtop in the classroom. It was able to be accessed by students and was not secured in place, which resented a risk to the health and safety of students.

A 16-year-old female student saw another student using the linishing attachment on the bench grinder for their metal hacksaw project. She wanted to use it for her metal hacksaw project. She switched it on and started grinding down the piece of metal that she had, using the linishing attachment. As she pushed the metal against the belt, the whole grinder began to rotate and moved towards her and the edge of the bench.

She called out for help to another 16-year-old student, who was nearby. He attempted to push the grinder back onto the bench. In doing so, his left thumb came into contact with the grinding wheel and his thumb was pulled into the wheel, causing significant injuries to his thumb. That student was subsequently transported to Royal Brisbane and Women’s Hospital. He underwent two surgical procedures on his left thumb, including skin grafts and the fusion of a metal rod, which does not allow his thumb to bend.

The grinder was later secured onto the bench with bolts.

The grinder, being accessible to students and not secured in place, presented a risk of the grinder moving during use by students, and

1. The grinder falling onto a student; and/or
2. A moving component of the grinder or the attachments coming into contact with a student.

The defendant breached its duty by failing to ensure that the grinder was secured to the working surface by appropriate means, prior to any use; and/or ensure that the grinder was not accessible to students to use. As a result of the defendant’s failure to comply with the duty, one or more of the students in attendance at the lesson were exposed to a risk of serious injury.

In sentencing the defendant, Magistrate Merrin accepted that it was a serious breach with significant consequences. Her Honour identified that general deterrence was the paramount consideration in this matter. While there was no Victim Impact Statement, she inferred the offending caused very significant pain and discomfort to the student and some trauma to that student and potentially other students. She said the equipment was present in the classroom in an unsafe condition. It was an aggravating factor that three previous audits had identified that the hazard had not been bolted down. Her Honour considered that eliminating the risk would have been simple and involved a nominal cost.

In mitigation, Her Honour accepted that the plea was an early one, the defendant had no previous criminal history and was a good corporate citizen. She accepted there was a demonstration of remorse and insight, and that the defendant took seriously its health and safety obligation to its workers. She found the defendant had taken appropriate measures post-incident to ensure the risk was managed.

Her Honour also considered various authorities, and, in all of the circumstances, given the serious nature of the breach, she convicted and fined the defendant $70,000 and exercised her discretion to not record a conviction.

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