On 9 September 2024, a company in the business of producing firewood and its director were sentenced in the Toowoomba Magistrates Court for multiple breaches of the Work Health and Safety Act 2011 (‘the Act’).  The company was sentenced in relation to three offences, namely failing to comply with its primary health and safety duty pursuant to sections 19(1) and 32 of the Act (Charge 1), failing to notify the regulator that an incident had occurred pursuant to section 38 of the Act (Charge 2), and failing to preserve an incident site pursuant to section 39 of the Act (Charge 3).  The director was sentenced in relation to one offence, namely failing to comply with his health and safety duty pursuant to sections 27 and 32 of the Act (Director Charge 1).

On 9 July 2022 the injured worker attended the workplace for a work trial.  He was given verbal directions by a supervisor on how to use a piece of plant at the workplace known as a log splitter, however, no demonstration was provided.  The injured worker then used the log splitter for a few hours before sustaining an injury to his right hand after the log which was being cut crushed his hand underneath it.

The injured worker sustained fractures and lacerations to three of his fingers on his dominant right hand, resulting in his index finger being amputated and a loss of function and feeling to his middle and ring fingers.

The corporate defendant should have eliminated or minimised the risk posed by ensuring that the training and supervision provided to the injured worker involved (Charge 1):

• A practical demonstration on how to safely operate the log splitter;
• Instruction that hands were to be kept away from the log or axe blade of the log splitter when it was being operated;
• Identification of the nature of the risks associated with the work at the time of the information, training being provided; and
• Identification of the control measures implemented to reduce or eliminate risks.

The director should have exercised due diligence to gain an understanding of the risk posed by the work activity, to ensure the company took the above steps, and to verify that these resources and processes were provided (Director Charge 1).

The corporate defendant did not report the matter to Workplace Health and Safety Queensland, and the incident site was not preserved, as per its obligations pursuant to sections 38 and 39 (Charges 2 and 3).

The corporate defendant denied that the injury occurred at the workplace, resulting in the WorkCover claim of the injured worker being initially rejected.

In sentencing, Magistrate Howden took into account the pleas of guilty and the lack of history for prior offences under the Act.

His Honour had regard to the guiding principles, section 9 of the Penalties and Sentences Act 1992 and the comparative cases relied upon by the prosecution.

His Honour noted that general deterrence was of the utmost importance, and that the defendants conduct post history impacts on its remorse.

Having regard to all matters placed before the court, his Honour imposed the following fines and exercised his discretion to not record a conviction:

• Charge 1: $85,000;
• Charge 2: $5,000;
• Charge 3: $5,000;
• Director Charge 1: $12,000.

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