On 20 October 2023, a company was sentenced in the Brisbane Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’). The defendant pleaded guilty to failing to comply with its primary health and safety duty, thereby exposing workers to the risk of death or serious injury.

The defendant was a steel framing contractor and was sub-contracted to carry out framing work at a residential development at Eight Mile Plains. The development was comprised of 28 two-storey townhouses within 14 steel-framed structures. The construction work took place over approximately 4 months. The defendant engaged workers, including two carpenters, on a casual basis, to work on the installation of the framing.

The principal contractor for the construction was contractually responsible for the installation of height related safety controls at the construction site. These controls included the installation of void coverings to protect against the risk of falls and allow a safe method of access and egress between the lower and upper level of each apartment, until stairs were installed.

The principle contractor engaged a scaffolding business to install and remove void protection coverings from the structures. While this occurred for the majority of structures during the course of construction, the scaffolding contractor was not contacted to install void protection within Unit 8 of the development.

On Tuesday, 18 August 2020 workers were completing framing works on Unit 8. The workers utilised a ladder to gain access to the second level of the structure, as a secured ladder and void protection covering had not been installed. The distance from the ground level to the floor of the second level was 3040mm. A worker attempted to descend the unsecured ladder from the second level to the ground floor, when the ladder slipped. The worker grasped the steel frame of a second level internal wall with his right hand in order to break his fall. The worker sustained serious injuries, including lacerations to the index, middle, and ring fingers of his right hand.

In sentencing the defendant, Magistrate Pinder acknowledged that the main objective of the Act is to provide for a nationally consistent framework to secure and protect the health, safety, and welfare of workers and other persons. His Honour remarked that this matter did not call for a personally deterrent sentence, but that general deterrence remained a significant sentencing factor when safety duties and obligations are breached.

His Honour noted that falls from height are a recognized hazard and that the consequences from even modest heights can be significant.

His Honour remarked that while the defendant held a non-delegable duty, the repeated failures of the principle contractor, by not installing void protection, were a relevant consideration in assessing the culpability of this defendant.

Magistrate Pinder took into account the significant co-operation the defendant provided to investigators by way of submitting an additional Incident Notification Report to that of the principal contractor, in circumstances where the initial report did not refer to the absence of void protection in the relevant structure and did not detail the injury sustained by the worker. His Honour also took into account that the defendant participated in a voluntary interview with investigators.

His Honour had regard to the antecedence and personal circumstances of the company, noting that the defendant was of otherwise unblemished character. His Honour noted that the defendant was a small, family run business with a modest turnover. His Honour concluded that the imposition of a fine would likely have a substantial impact on the defendant. His Honour also noted that the profits of the business were used to support the director’s children, a number of whom suffer from profound disabilities and health conditions.

Having regard to all matters, as well as the comparable decisions referred to by the parties, Magistrate Pinder convicted and fined the defendant $50,000 and exercised his discretion not to record a conviction.

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