On 7 November 2024, a sole trader with 22 years experience in the roofing industry was sentenced in the Maroochydore Magistrates Court for breaching section 33 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with its primary health and safety duty. 

The defendant was engaged for roof restoration of a residential property in Buderim. he accepted the job and provided the quote on the business name letterhead, despite the business being deregistered on 1 November 2020.

On 12 July 2021, the defendant used a high-pressure water spray to clean the roof of the home. On 13 July 2021, the tenants returned home and observed paint chip like debris on the outdoor balcony, around the house, and on the ground around the downpipes. The tenants sent the defendant a text message asking if he was returning to clean up the mess. He did not reply. The tenants of the home reported the matter to WHSQ on 8 September 2021. Samples of the debris were tested and confirmed to be asbestos containing material. 

The defendant failed to comply with notices issued by WHSQ to remediate the asbestos contamination of the property. Ultimately the homeowner engaged an asbestos removalist company to perform the remediation works at the home and neighbouring properties at their expense. 

In sentencing, Magistrate Madsen, took into account the defendant’s clear disregard to implement simple and not costly controls to manage the hazard and distribution of asbestos, and his initial lack of accountability blaming the tenants for not covering their outdoor furniture knowing the roof contained asbestos.

His Honour accepted the principles of general deterrence, community denunciation, and personal deterrence were significant given the risk of exposure to asbestos. 

His Honour noted the defendant’s obvious remorse but his apology letter to the Court did not completely reflect the potential impact of his offending. 

In imposing a fine of $8,000, his Honour had regard for the defendant’s early plea of guilty and lack of criminal history. His Honour exercised his discretion to not record a conviction. 

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