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On 14 July 2025, a large business that produced and supplied cardboard products was sentenced in the Ipswich Magistrates Court for breaching section 46 of the Work Health and Safety Act 2011 (Qld) ('the Act'), having failed to comply with its duty to consult, cooperate and coordinate with other duty holders.

The defendant’s production process involved refuelling forklifts with Liquefied Petroleum Gas (‘LPG’). There was a risk of fire or explosion if ignition sources were introduced to the refuelling area. A worker was unable to stop the flow of LPG and the gas ignited. The ignition source was not known, but one possible source included a second forklift in the refuelling area.

Between 15 June 2021 and 6 April 2022, the defendant failed to comply with their duty to consult, cooperate and coordinate with another duty holder about the following controls:

  1. Implementing a procedure that specifically prohibited powered mobile equipment from entering the vicinity of the refuelling station while another vehicle was refuelling;
  2. Training and instructing workers in relation to the procedure;
  3. Delineating, through visual markings, the area around the refuelling station where powered mobile equipment was prohibited from entering, while another vehicle was refuelling.

The defendant pleaded guilty and was fined $15,000.

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

Court Report

General
Industry
Manufacturing
Date of offence
Injury
Burns
Court
Ipswich Magistrates Court
Magistrate or judge
Magistrate Virginia Sturgess
Decision date
Company
Legislation

Sections 46 and 21 of the Work Health and Safety Act 2011

Plea
Guilty
Penalty
$15,000
Maximum fine available
$100,000
Professional and legal costs
$1,500
Court costs
$105.35
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No