On 19 September 2024, an individual conducting a business or undertaking which included residential roof cleaning and painting was sentenced in the Brisbane Magistrates Court for breaching section 33 of the Work Health and Safety Act 2011 (the Act), having failed to comply with his primary health and safety duty.
In or about July 2022, the defendant contracted with the owners of a residential dual occupancy property (the workplace) for the painting of an asbestos roof to the building located at the workplace.
On or about 30 July 2022, in preparation for painting work, the defendant cleaned the asbestos roof sheeting at the workplace using a high-pressure water spray. Use of a high-water pressure spray on the asbestos sheeting caused disturbance and breakage to asbestos containing material (ACM) in the asbestos sheeting, creating airborne asbestos containing dust and debris (ACD) particles to be distributed throughout the workplace and two neighbouring residential properties.
Asbestos is a known health risk when fibres become airborne and are inhaled. Significant exposure to asbestos will increase the risk of lung cancer, mesothelioma and non-malignant lung and pleural disorders. There is no safe level of exposure.
Work Health and Safety Queensland undertook remediation works at a total cost of $66,403.90.
To ensure the health and safety of individuals at the workplace and neighbouring residences, the defendant should:
In sentencing, the Magistrate took into account that the risks from asbestos are well known and documented, the release of ACM may potentially expose the residents to the risk of serious illness, including mesothelioma and lung cancer. It was accepted that there was a real possibility of the risk being realised and there exists a well-known product to lessen the exposure. The gravity of the offending falls somewhere reaching the mid-level of seriousness. While keeping everything in balance, his Honour considered general deterrence to be of utmost importance. The sentence also needed to reflect the community’s concern that such offences should be punished, particularly when members of the public are put at risk.
His Honour also took into account the defendant’s early plea of guilty, that he facilitated the investigation including participating in a voluntary record of interview, he was genuinely remorseful, has good prospects of rehabilitation, had no previous history and his financial circumstances.
The defendant was fined $3,000 with no conviction recorded. He was also ordered to enter into an undertaking for a period of 18 months, with a recognisance of $5,000, to not commit any offences under the Act.
OWHSP contact: enquiries@owhsp.qld.gov.au
Section 33 of the Work Health and Safety Act 2011