On 26 November 2024, a defendant company was sentenced in the Caloundra Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its primary health and safety duty. The defendant was fined $45,000.

The defendant had successfully submitted a tender for the construction of industrial units, which included excavation work. In or about April and May 2022, the defendant completed excavation works on existing rock slopes at the construction site. The excavation works involved cutting a battered slope using an excavator to an approximately 8-metre-high vertical rock face.

Prior to commencing the works, the defendant had been provided with a geotechnical report which outlined the proposed earthworks to be undertaken and referred to two previous reports. The two earlier reports provided recommendations on how to complete the excavation works, including measures relating to how the rockface should be excavated and measures to protect workers working in the vicinity of the rockface. The defendant was not provided with the two earlier reports, nor did it request them. The sole director of the defendant, admitted that he did not read the geotechnical report. 

From the time the rock face was excavated it posed a risk to workers as it was not supported or shored. There was a risk that the rock face could become unstable causing rocks or earth to fall from or off it striking workers at the workplace.

Following the completion of the excavation works, the defendant subcontracted another company to construct concrete tilt panels and install them at the site. This occurred between July and December 2022. Multiple workers were in the vicinity of the unsupported excavated rockface while creating footings for the installation of the panels. Once the concrete tilt panels were installed, there also became a risk they would collapse if struck during a rockfall.

On 1 December 2022, after heavy rain, there was a rockslide from/of the excavated rock face which struck the erected concrete tilt panels causing several panels to collapse inward. No one was injured but the sole director of the defendant was present at the worksite at the time.

The defendant voluntarily participated in an interview and provided documents during the investigation.

In sentencing, her Honour had regard to the early plea of guilty, the company has existed for many years, has no criminal history and is a good corporate citizen. Her Honour considered the defendant’s level of cooperation was greater than other cases referred to. The issue is the risk of the potential consequences. Her Honour accepted that there was no deliberate action to be reckless or disregard the risk, rather it was a failure by the defendant to adequately assess the level of risk.  General deterrence was considered important. The defendant’s financial position was taken into account but did not override other considerations.

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