On 13 September 2024, an individual who operated a painting business was sentenced in the Rockhampton Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with its primary health and safety duty.

The defendant had been engaged to conduct paining work at a school in Monto. The defendant employed a number of workers, including the injured worker.

The business owned a trestle plank which was six metres long. Written on the end of the plank was the manufacturers recommendations which noted a maximum span of 3 metres. There were several visible cut marks on its surface.

Work at the school was continuing on 7 December 2022. On this date, an apprentice employed by the business set up the plank between to trestle ladders, at the direction of the injured worker. The span of the plank was approximately 5-5.5 metres, contrary to the manufacturer’s recommendations.

The injured worker worked form this set up painting an external wall and soffit. After working for some time, the plank broke causing the injured worker to fall to the ground below. He sustained numerous fractures to both legs, which required multiple surgeries.

Reasonably practicable measures that should have been implemented to eliminate or minimise the risk include:

• Ensuring that defective planks were not used;
• Ensuring that workers were aware of, and complied with, the maximum span as specified on the plank; and
• The provision of training and instruction to workers regarding the maximum span of the plank.

A metallurgical engineer conducted an examination of the plank and provided a report regarding the cause of the failure of the plank. The examination identified several cut marks or notches on the plank. The report opined:

• The cuts to the plank were consistent with being formed by a mechanical saw or grinding wheel blade;
• The cuts compromised the structural integrity of the plank;
• The failure of the plank occurred in the region of a notch cut in the bottom surface of the trestle, about midway along the length of the plank;
• Even without the notches, the plank was experiencing stress due to the span of the plank and the weight of the injured worker, with the stress being the greatest when the injured worker was mid-span;
• The failure of the plank was the result of it being partly cut by a circular saw or grinder, and being used in circumstances where the stress developed in the plank was very high; and
• The effect of the notch would have been to concentrate the stress, which lead to localised yielding and a fracture to the plank in the area of the notch.

In sentencing, Magistrate Kahlert took into account the defendant’s early plea of guilty, his cooperation with the investigation, and his lack of criminal history.

Her Honour noted the defendant’s remorse, as demonstrated by his early plea of guilty and the assistance he provided to the injured worker following the incident.

Having regard to all matters placed before the court, her Honour imposed a fine of $12,000 and exercised her discretion to not record a conviction.

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