On 13 February 2024, a company was sentenced in the Emerald Magistrates Court for breaching sections 346(1) and 425(1) of the Work Health and Safety Regulation 2011 (‘the Regulation’). The defendant company’s sole director pleaded guilty to failing to have a hazardous chemicals register and an asbestos register in place at his workplace.

The defendant company conducted a business of a Roadhouse and Caravan Park in the Emerald district of Central Queensland. It had one director. On 4 August 2022, Workplace Health and Safety Queensland (‘WHSQ’) Inspectors attended the workplace. They observed there was a site building set out as a service station and a general retail business selling fuel, prepared food and other items. It has an entry and main service area, a front counter, kitchen, internal toilet, outside toilet area and several cabins. The business was operating and open for business when attended. An inspection of the premises was undertaken by the Inspectors in the company of the director.

Charge one:

During the inspection the inspectors observed a variety of chemicals on the workplace. The inspectors took a series of photographs of the various containers of chemicals.

Those chemicals included bulk diesel, fuel and LPG stored on the premises as well as a variety of commercial cleaning compounds, including caustic soda; ‘Storm’ – a oven cleaner; ‘Exit Mould’ – a multipurpose cleaner-bleach; ‘Cleaning Vinegar’ – a cleaning agent; ‘D Mould’ – a mould inhibitor/cleaner.

Inspectors requested from the director the hazardous chemical register. The director was unsure if there was a hazardous chemical register. A hazardous chemical register is a register of hazardous chemicals stored/used at the workplace and the register is required to have the Safety Data Sheets (‘SDS’) for each chemical included and available to all workers.

Charge two:

As the inspection continued the inspectors observed the building was circa 1970s and they suspected there was Asbestos Containing Material (‘ACM’) present. The inspectors took a series of photographs of various parts of the buildings including walls of the amenities block and the soffits of the main shop building of the workplace.

Inspectors asked the director if he had an asbestos register. The director was unable to provide a positive answer that he had a register. An asbestos register is required to be prepared and kept at the workplace. The register will identify if asbestos is present at the workplace and how it is to be managed.

The Inspectors gave the director time to locate both the asbestos register and hazardous chemical register. On 11 August 2022, the director contacted the Inspectors and advised there was no asbestos register, and he was unable to locate a complete and up to date hazardous chemical register.

The Inspectors issued two infringement notices for the contraventions. The defendant company elected a court hearing in relation to both notices.

On 15 September 2022 the director provided, to the Inspectors, in response to an enforcement notice issued, a newly prepared hazardous chemical register related to hazardous chemicals held at the workplace. On 28 October 2022 the director provided, to the Inspectors, in response to an enforcement notice issued, a newly prepared asbestos register related to ACM identified at the workplace.

On the 13^th of February 2024 the director pleaded guilty to the two charges in the Emerald Magistrates Court. The prosecution tendered a statement of facts, photographs and safety date sheets. The director submitted that he knew he had made a mistake, that he had only purchased the business several years ago, that the buildings were quite old, and he had not properly carried out the due diligence for the business. He submitted that the penalty should be waived or the fine reduced.

At the sentence hearing his Honour took into account the statement of facts outlining the offending and observed that contraventions for these regulation breaches carried significant penalties. He acknowledged the purpose of each register as outlined by the prosecution submissions (being to alert persons to the presence of the ACM and the chemicals present at the workplace). He acknowledged the director had entered an early plea of guilty (in November 2023) and took this in to account in imposing the penalty noted above.

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