On 18 March 2021, a company director of a Sunshine Coast restaurant chain was sentenced in the Maroochydore Magistrates Court for conducting unlicensed gas work and failing to comply with a safety requirement causing bodily harm to a worker, contrary to sections 726(1)(a) and 708A(1) of the Petroleum and Gas (Production and Safety) Act 2004 (the ‘Act’). Magistrate McLaughlin imposed a global fine of $5,000 and ordered compensation in the amount of $2,000. A conviction was not recorded.

The defendant was one of three directors of a restaurant chain, which owned and operated restaurants in Maroochydore and Nambour. The defendant managed the day-to-day running of the Maroochydore restaurant.

During mid-2019, a co-director decided to relocate a fryer from the Maroochydore restaurant to the Nambour restaurant, and asked the defendant to disconnect the fryer from the restaurant’s gas system so that it could be transported. The defendant disconnected the fryer from the gas pipe to which it was connected, ensured the individual isolation valve to which the fryer was connected was turned off but did not otherwise seal the pipe. The defendant’s act constituted gas work as defined by section 725 of the Act, in that he altered the gas system.

On 20 September 2019, a 17-year-old worker at the Maroochydore restaurant had trouble igniting a fryer which was connected to the gas system previously altered by the defendant. The worker unwittingly turned on the individual isolation valve for the unsealed pipe which had been left open by the defendant. As a result, gas flowed into the kitchen and an explosion occurred when the worker attempted to light the fryer. The worker suffered burns to 17% of his body, including his legs, arms and face.

In sentencing, Magistrate McLaughlin noted the defendant had no regulatory or other criminal history and regarded his guilty plea at the earliest available opportunity as indicative of genuine remorse. His cooperation with the inspectorate was such that it may have been difficult to sustain the charges but for his frank admissions. His Honour also noted the offending was borne from a bona fide ignorance of the applicable safety requirements and not motivated by greed or other financial considerations.

The learned Magistrate observed the impact of the offending on the injured worker’s mental health, social life and income, as evidenced by his victim impact statement, however remarked that he would have liked further information regarding the victim’s long-term prognosis and any civil compensation claim. Nevertheless, His Honour regarded the impact on the victim as significant and warranting compensation in the amount sought.

In His Honour’s view, the most aggravating feature of the case, aside from the worker’s injuries, was the defendant’s position as an employer and company director. His Honour remarked that employers bear significant responsibility and owe a high duty of care to their employees.

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