On 18 June 2024 a corporation engaged in public administration and safety was sentenced in the Toowoomba Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’) when a member of the public was struck by a heavy vehicle as it moved through a Covid19 border checkpoint in Western Queensland.

The corporation was the primary agency responsible for the coordination, establishment and control during the Covid19 pandemic in ensuring the Queensland Government’s pandemic response was adhered to by members of the public desirous of moving in to and exiting from Queensland. As part of that response border control checkpoints (‘BCP’) were established, and manned, by its personnel to ensure the safe movement of vehicles and persons was achieved. This encompassed having designated lanes for vehicle stops, as required, and also for travel lanes for vehicles which were not required to stop and could travel through the checkpoint unimpeded. Such a checkpoint had been established at Mungindi on the Queensland/New South Wales Border.

The work being undertaken at the BCP involved the checking of border entry passes for all vehicles entering Queensland from New South Wales. The BCP was set up in the northbound lane on the Carnarvon Highway with a slip lane created for intercepting light vehicles. Heavy vehicles were intercepted in the northbound lane.

A Site Safety Plan for the BCP was completed by relevant personnel of the agency. On an unknown date after 23 July 2021 and prior to 8 October 2021, witches’ hats were set up in the middle of the highway at a width of approximately 1.180m, on the southbound lane side of the centre marking on the road, to create a ‘corridor of safety’ for its personnel intercepting heavy vehicles.

The corridor of safety encroached in to, and narrowed, the available southbound lane on the Carnarvon Highway in the area adjacent to the BCP for travelling traffic. Adjacent to the southbound lane was the southbound lane shoulder which was delineated from the southbound lane by a fog line.

Regularly, generally on a daily basis, members of the public would stop/park near the BCP, and at times, on the southbound lane shoulder, to ask BCP personnel about border entry requirements.

The Site Safety Plan was not amended or replaced to include the impact of establishing the corridor of safety. The plan did not identify any risk to health and safety from the narrowing of the southbound lane and did not identify that vehicles should not stop or park in the southbound lane shoulder adjacent to the BCP.

On 8 October 2021, two members of the public stopped to undertake an enquiry with BCP personnel. To do so they each parked their vehicles on the southbound lane shoulder adjacent to the BCP. They conversed with a BCP officer with one member of the public standing between the parked vehicles with the officer and the other located on the passing traffic side of his vehicle.

Whilst in this position a road train approached. The road train consisted of a prime mover and two trailers. As the road train passed these vehicles and persons the rear trailer hit the member of the public who was located beside his vehicle and this person was dragged along the side of the vehicle, ultimately landing on the ground. The truck driver did not realise he had hit anyone. The struck person sustained significant multiple fracture injuries as a result of the collision.

To eliminate or minimise the risk, the agency should have prepared and implemented a Site Safety Plan which clearly delineated the path of travel for vehicles in the southbound lane and prohibited vehicles from standing or parking in the southbound lane shoulder. The agency should also have ensured that its workers were appropriately instructed and supervised to enable these measures to be considered, implemented and maintained.

On 29 October 2021, Workplace Health and Safety Queensland Inspectors attended the BCP and commenced an investigation. At that time, the corridor of safety remained in place and there was still no prohibition on vehicles stopping or parking in the southbound lane shoulder.

By 4 November 2021, the agency had ensured that no standing signs and witches’ hats were implemented in the southbound lane shoulder to delineate the travel path for vehicles and to prevent vehicles from parking on the southbound road shoulder in the vicinity of the BCP.

The sentencing Magistrate acknowledged there had been an early plea of guilty, and the agency did not have any prior convictions of a like nature. These matters were all in its favour and reduced the penalty that would otherwise be imposed.

Her Honour considered that deterrence, particularly general deterrence, was a significant factor in her sentencing considerations. Her Honour also took in to account the size and operations of the agency and the nature of its work.

Her Honour accepted that the agency had extensive systems in place for training its personnel though observed that this training had not been followed by the relevant personnel involved at the BCP.

Her Honour noted the agency took no action after the incident occurrence on 8 October to correct the safety risk until the attendance by WHSQ Inspectors three weeks later. Her Honour said that corrective action ought to have resulted in an updated site safety plan to include the corridor of safety and the lack of this corrective action aggravates the agency’s breach.

Her Honour accepted prosecution submissions the (uncontrolled) risk from the establishment of the corridor of safety and vehicles routinely stopping on the southbound lane’s shoulder was an obvious risk.

Her Honour accepted the expression of remorse conveyed to the court by the agency’s representative and acknowledged there had been co-operation with the investigation. Her Honour also considered defence submissions about the scope and extent of training that was implemented post-incident by the agency because of this incident’s occurrence.

Her Honour imposed a fine of $75,000 and declined to record a conviction.

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