On 12 May 2026, a chemical manufacturing plant was sentenced in the Bundaberg Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its primary health and safety duty. The company’s director was also sentenced for breaching section 32 of the Act, having failed to exercise due diligence to ensure the company complied with the primary duty of care it owed.

The defendant company owned and operated a chemical manufacturing plant that produced turpentine, rosin and waste wood chips. They invented a new process of extraction which required importing, setting up and modifying plant and associated equipment including a conveyer system, extractor and desolventiser.

The defendant director of the company was hands on in the day-to-day operation of the plant.

On 12 November 2021, the plant was in shut down mode due to being struck by lightning. The extractor contained around 5000 litres of terpenes concentrate. There was a large explosion causing significant damage and injury to four of the workers who were in the control room.

The defendants were convicted after a five-day trial. His Honour was not satisfied beyond reasonable doubt that the defendants caused the explosion. The defendants were not “complete cowboys”, and they had a risk minimisation procedure in place, but they left too much to chance, and thus he was satisfied they at least failed to:

1. Assess the chemical stability and reactivity of turpentine and concentrate as extraction solvents; and
2. Assess the chemical stability and reactivity of turpentine and concentrate laden wood chips, particularly when in contact with air.

His Honour noted that the sentence imposed should reflect the exposure of risk and not focus on the causation of a risk. He determined the offence was in the middle ranking of objective seriousness. General deterrence and denunciation were important considerations.

In mitigation was the lack of criminal history, the significant assistance provided by way of admissions by the defendants during the trial, and the defendants were otherwise of good character.

A fine of $180,000 was imposed on the company, and a fine of $36,000 on the director. No convictions were recorded.

Costs were awarded at scale to a total of $14,713.35. Costs were apportioned 80% to the company and 20% to the director.

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