On 20 September 2023, a roofing company was sentenced in the Brisbane 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 owed to its worker.

The offending related to an incident which occurred on 30 May 2022 at a residence in Toowong. The defendant roofing company had been engaged by a builder to perform a roof extension at the workplace and agreed to complete the work without payment in the hope it would lead to more work from the builder.

On the incident date there was scaffolding installed on one side of the residence. On the opposite side there was no scaffolding and a retaining wall which had metal brackets protruding up from it. A worker of the defendant set up a platform to work at height using two ladders, brackets and a plank. The platform was 3.83 metres from the ground or 1.83 metres from the height of the retaining wall. The worker fell from this platform landing on an upright metal bracket on the retaining wall. The worker was taken to hospital where he underwent surgery to remove the bracket from his torso. He sustained a large penetrating injury, three broken ribs, and a small laceration to his lung which resulted in a minor air leak. The worker was discharged from hospital on 8 June.

An investigation by Work Health and Safety Queensland found the defendant had not completed a safe work method statement for the work being completed. The defendant company participated in a voluntary interview.

In sentencing, His Honour noted the circumstances of the offending were not in issue and the offending was properly conceded by the defendant as a breach of health and safety duty in the upper end of seriousness. It was accepted the risk posed in the matter, fall from height, was contained in both the Work Health and Safety Regulation 2011 and the Managing risk of falls at the workplace Code of Practice 2021. Using the relevant principles for objective seriousness his Honour found there was a significant departure from the duty owed, there was no assessment of risk or protection to workers, and the consequences of the defendant’s failure were a worker was seriously injured. It was further noted that the risk posed was obvious.

Magistrate Pinder accepted in mitigation, the defendant entered a timely plea of guilty, cooperated with the investigation including participating in an interview, was contrite and had no previous criminal history.

His Honour determined the appropriate penalty was a fine of $80,000 with no conviction recorded.

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