A BIG reminder not to forget your safety obligations

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A BIG reminder to not forget your safety obligations. 

The death of a worker in 2019 has lead to Queensland first industrial manslaughter sentence, handed down on 11th June 2020.  Both the corporate entity, Brisbane Auto Recycling Pty Ltd (the person conducting a business or undertaking (PCBU)), and its two Directors were prosecuted.   See R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113 for details.

The 58 year old worker was crushed into a truck by a versing forklift operated by another worker.  The incident was captured by CCTV used on the site.   Treating practitioners notified the police as the injuries sustained were not consistent with a report prepared by the first responding paramedic, who relied on statements provided by the company directors as to the cause of the injury.  Police notified Work Health and Safety Queensland (WSHQ) who undertook an investigation.

It was found that;

  • There were no safety systems or traffic management plan in place, at a site that had forklifts operating close to workers and the public.
  • The Directors didn’t know they had to immediately report the incident to WHSQ
  • The forklift operator was inexperienced and did not hold the required licence. They didn’t require evidence that workers were properly licensed to operate the forklifts
  • The Directors did not have a WorkCover policy, again were not aware
  • Safety was managed by means of telling workers to be safe

The company was fined $3 million and the Company Directors were sentenced to 10 months imprisonment.   The sentence has been wholly suspended, with an operational period of 20 months.  The Judge said the sentence imposed should make it clear to PCBUs that a failure to comply with obligations under the Work Health and Safety Act 2011 (Qld) leading to workplace fatalities will result in severe penalties.

This case is a big reminder of the importance of compliance with work health & safety duties and in particularly the requirement to have a safety management system.  We would be happy to help with this if you require.  Contact us here.