On 18 September 2024, a company was sentenced in the Beenleigh Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld)(‘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 operated a metal fabrication business at Park Ridge in Queensland. On 25 February 2022, a labourer and an apprentice employed by the defendant were given instructions by a supervisor to reorganise a steel rack/shelf at the workplace. The shelf had previously been bolted to the floor but was not secured at that time as it had been moved about 2 months prior.

The two workers commenced reorganising the steel rack by placing lengths of flat bar on the top shelf first, progressing down to the middle shelf. One of the workers was positioned approximately one metre from the rack when it started to fall towards him. He was pinned by the steel rack and was not able to free himself due to the weight of the steel and the racking. A forklift was subsequently used to remove the steel rack from the worker.

The injured worker received first aid treatment from fellow workers prior to being transported by ambulance to the Princess Alexandra Hospital for treatment. He was later transferred to the Mater Private Hospital for surgery to clean his wound, re-attach a tendon and remove a chipped bone that had come away from his kneecap.

The defendant failed in its duty to ensure, so far as was reasonably practicable, that the health and safety of workers was not put at risk from the work carried out as part of the conduct of the business or undertaking. The reasonably practicable control measures that the defendant could have implemented included: affixing the storage rack to the ground to prevent it overturning; prohibiting materials from being loaded onto and/or stored on the storage rack until it was affixed to the ground; implementing a safe work procedure for the loading and unloading of materials on the storage rack; and training, instructing, and supervising workers to ensure compliance with the safe work procedure.

The failure to comply with its duty exposed individuals to a risk of death or serious injury.

Magistrate Mac Giolla Ri, in sentencing the defendant, had regard to the maximum penalty for the offending and noted that general deterrence was an important sentencing consideration. Applying the relevant Nash principles for objective seriousness as outlined by her Honour Judge Fantin in Stewart v Mac Plant Pty Ltd and Mac Farms Pty Ltd [2018] QDC 20, his Honour considered that the risk was obvious and clear to the defendant, the steps to minimise the risk posed were readily available, and the potential consequences  were severe, as demonstrated by the actual consequence of a worker being seriously injured.

In mitigation, his Honour took into account the defendant’s early plea of guilty as an indication of remorse and a willingness to facilitate the course of justice. His Honour had regard to the defendant’s lack of prior convictions, cooperation with the investigation, including participation in a voluntary interview. His Honour also took into account financial support the defendant provided to the injured worker post-incident, as well as charity work engaged in by the defendant.

Having regard to all matters, as well as the comparable decisions referred to by the parties, his Honour convicted and fined the defendant $80,000 and exercised his discretion not to record a conviction.

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