On 24 October 2025, a company was sentenced in the Brisbane Magistrates Court for two offences of breaching section 43(1)(a) of the Coal Mining Safety and Health Act 1999 (‘the Act’), having failed to comply with the Act, to the extent that it related to the work conducted by the company.

The defendant was responsible for providing contractors to coal mines, which included making sure that those workers had undergone relevant health assessments. On two separate occasions the defendant failed to arrange that a health assessment was carried out for two of its workers prior to them being employed as coal mine workers.

As no health assessment report was completed for the workers, their health, including respiratory health, and fitness to undertake tasks on the site, was never assessed. Subsequently, both men were allowed to enter the sites, therefore potentially exposing themselves and others at the sites to an unacceptable level of risk.

In sentencing, Her Honour noted that it was an early plea of guilty, the company had no prior history, and the matter was listed for sentence at the first opportunity. Her Honour took into the account the defendant’s remorse and willingness to undertake several actions to improve the systems of the company post incident.

Her Honour noted that general deterrence was significant for this matter. The measures were not onerous or burdensome to be put in place. The potential risk was apparent, and the defendant ought to have been aware of the risk. It was a clear failure to comply with their legislated duties. Given the potential risk to the workers, and others on site, the result of the offending could have been a lot worse.

Her Honour noted that the range for the offending started at $40,000 - $50,000 but would be ameliorated due to mitigating factors.

Her Honour sentenced the defendant to a global fine for both charges of $32,500 plus costs of $1,500 and $101.40 for filing which was referred to SPER. No conviction was recorded.

The defendant was also ordered to pay $1,210.67 to Resources Safety and Health Queensland.

The defendant was given 30 days to pay.

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