On 4 March 2025 the defendant was convicted of two complaints against the Work Health and Safety Act 2011 (Qld).

 The legal basis for both complaints was that:

1. The defendant, as a business, had a primary duty of care to ensure, so far as reasonably practicable, the health and safety of its workers; and
2. The defendant failed to comply with that duty; and
3. The failure exposed an individual to a risk of death or serious injury.

The first offence concerned a failure by the defendant to ensure that it:

1. Risk assessed the task of using load skates to move a large or heavy object;
2. Had a safety procedure for using load skates to move a large or heavy object; 
3. Trained its workers in relation to that procedure; and
4. Provided particular training to young workers in relation to that procedure. 

The defendant’s failure to do those things exposed an individual to a risk of death or serious injury. The risk realised on 1 August 2022 when a 17 year old worker, who was balancing a one-tonne metal tub on four small metal load skates, sustained a leg fracture after the tub fell onto him.

Around three months later, the defendant committed the second offence. The essence of that offending is that the defendant should have ensured that young workers were adequately supervised and trained and instructed in the operation of a hydraulic guillotine.

The defendant’s failure to do those things exposed an individual to a risk of serious injury. The risk realised on 25 November 2022 when a 16 year old worker, injured his hand, when his fingertip was crushed while he operated a hydraulic guillotine in circumstances where he was neither adequately instructed, trained and supervised in operating the hydraulic guillotine.

A/ Magistrate Whitbread considered the defendant’s early plea of guilty, the facts of the offending and the sentencing principles of personal and general deterrence and community denunciation. The company had been sold to new owners after the offending occurred but prior to the sentencing date. A/ Magistrate Whitbread imposed a fine of $100,000 for the offending which occurred on 1 August 2022 and a fine of $50,000 for the offending which occurred on 25 November 2022. A/ Magistrate Whitbread declined to record a conviction for either offence.

The defendant was also ordered to pay $1,500 in costs and two lots of $101.40 filing fees.

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