On 10 October 2025 a construction company was sentenced in the Brisbane Magistrates Court for two section 33 offences under the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to ensure, so far as is reasonably practicable, the health and safety of its workers and other persons.

Between 20 and 24 February 2023, workers engaged by the defendant completed repair and refurbishment works at a grocery store following water damage to the ceiling. During the refurbishment works, workers engaged by the defendant removed part of the ceiling, placing the removed ceiling materials in bins out the front and back of the store, resulting in dust and small debris being dispersed through the store.

From 21 February 2023 to 24 February 2023, the grocery store remained open with the refurbishment works occurring after hours. During the day, the grocery store workers cleaned up the dust and small debris that had spread through the store with brooms, mops, Chux wipes and vacuum cleaners and customers attended the store.

Testing revealed the presence of asbestos, including in low density fibre board, located in the rubbish and bins outside the store, settled dust inside the store and the vacuum cleaner used to clean the store.

The defendant should have eliminated or minimised the risk, so far as was reasonably practicable, by identifying the presence of asbestos in the areas where the works were occurring and put in place appropriate measures to deal with the removal of the asbestos.

By failing to implement these controls, the defendant failed to adequately eliminate or minimise the risk posed by the possibility of exposure to asbestos containing dust to workers engaged by the defendant and other persons, including grocery store workers and members of the public who attended the store.

In sentencing, the Magistrate had regard to the objects of the Work Health and Safety Act 2011, including securing a safe place of work, and the positive duty owed. Her Honour noted that the defendant made some enquiries, was aware in a general way of the presence of asbestos in the building and took some steps, but wrongly concluded that there was no asbestos where the works were being undertaken. Her Honour also took into account that the director of the defendant company placed himself at risk. The defendant co-operated with the investigation and entered an early plea of guilty.

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