On 23 July 2025, a company in the food industry was sentenced in the Beenleigh 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 defendant operated a business in the food industry, consisting of purchasing, storing and distributing frozen, chilled and dry food items.

At the relevant time, the injured worker was working at the workplace. At the workplace were multiple centre-control rider pallet trucks, known as pallet runners. The injured worker had been trained in the use of the pallet runners, with his training lasting approximately half an hour.

In the freezer section of the workplace were multiple shelving units. Horizontal metal beams, which formed part of those shelving units, were 1.7m above the ground. Workers were not meant to travel underneath the shelving units while operating the pallet runners, and had been told to use manual pallet jacks if they needed to reach underneath the shelving units. These instructions were not adequately enforced, and some workers had developed a practice of travelling underneath the racks while using the pallet runners, ducking when travelling underneath to avoid striking the shelving units.

On 7 June 2023, the injured worker was working in the freezer using the pallet runners. Upon returning from a break, he went to use a pallet runner which had been parked underneath the shelving units by a colleague prior to the break. While moving the pallet runner out from underneath the shelving unit, he struck the shelving unit with his face impacting the metal shelving unit. The injured worker sustained significant facial injuries, including multiple fractures, which required multiple surgeries.

Reasonably practicable control measures that should have been implemented to eliminate or minimise the risk include ensuring the implementation of the undocumented procedure which prohibited the use of pallet runners underneath shelving units, through the provision to workers of training, supervision and periodic compliance audits.

In sentencing, Magistrate Clohessy took into account the early plea of guilty and accepted that the plea of guilty was a demonstration of remorse for the offending and acceptance of responsibility.

Her Honour had regard to the circumstances of the offending, noting that the injuries reflect the significant impact the offending had, and will continue to have, upon the injured worker.

Her Honour had regard to the post incident measures implemented by the defendant, including those implemented in response to notices issued to the defendant. 

Her Honour had regard to the authorities placed before the court, the submissions made by both parties and the maximum penalty for the offence.

Taking into account all matters, her Honour imposed a fine of $45,000. Her Honour exercised her discretion to not record a conviction.

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