On 16 December 2024, a construction company, and one of its employees, were sentenced in the Ipswich Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’). The defendant company failed to comply with its primary health and safety duty, thereby exposing workers to the risk of death or serious injury. The defendant worker failed to take reasonable care that his acts or omissions did not adversely affect the health and safety of other persons, and the failure exposed individuals to a risk of death or serious injury.

The corporate defendant was engaged, as the principal contractor, to construct a warehouse in Northcott Place, Redbank. The defendant worker was employed by the company as a site manager for the project. During the installation of a steel beam that was to form part of a suspended floor, subcontractors discovered that one of the fabricated concrete panels had been cast without a metal plate inserted. The beam was meant to be installed by bolting a steel ‘weld plate’ to the beam and welding it to the metal plate in the concrete panel.

In order to allow the work to continue, the defendant worker, following consultation with the sub-contractors, directed them to use a temporary termination, by way of chemical anchors, to secure the beam. The defendants failed to seek engineering advice regarding the safety of, or how to rectify, the temporary termination, and it was left in place.

Whilst concrete was being poured onto metal formwork that was supported by the steel beam, the temporary termination gave way and the floor collapsed, dropping four workers to the ground from a height of approximately 3 metres.

One worker suffered a T12 facet fracture and another suffered a fractured ankle. Both workers made a complete recovery and returned to full-time work after 4 weeks.

The defendants entered pleas of guilty on 16 December 2024 and the matter proceeded to sentence.

In sentencing the defendant, Magistrate Walker had regard to the maximum penalty for the offences and the purposes of the Act. His Honour took into account the injuries suffered by the workers and remarked that it seemed to be only a matter of good fortune that the injuries were not more serious.

His Honour noted that general deterrence was an important sentencing consideration for offences of this type and considered that specific deterrence was of less relevance, having concluded that there was a low risk of the defendants reoffending.

His Honour had regard to the principles contained in section 9 of the Penalties and Sentences Act 1992 as well as the principles set out in Nash v silver City Drilling (NSW) Pty Ltd; Attorney-General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96. His Honour remarked that the potential consequences of the risk were the deaths of several workers. His Honour considered that the risk could easily have been eliminated, albeit at some cost, and at some delay, but that delay was inevitable in any event. His Honour considered that the probability of the risk was high, in circumstances where the beam was inadequately anchored to the structure, by way of a ‘makeshift’ termination, which was carried out without the consultation of engineers.

In mitigation, Magistrate Walker took into account the defendants’ timely pleas of guilty as an indication of remorse and a willingness to facilitate the course of justice. His Honour had regard to the defendants’ lack of prior convictions, otherwise good character, cooperation with the investigation and remorse.

Having regard to all matters, as well as the comparable decisions referred to by the parties, Magistrate Walker convicted and fined the company $110,000, the worker $15,000, and exercised his discretion not to record convictions.

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