On 11 August 2025, a construction company was sentenced in the Southport Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with its duty to ensure its workplace was without risk to the health and safety of any person. 

The defendant company was the primary contractor for construction of a high-rise apartment building on Musgrave Road, Coolangatta. On 17 October 2023 workers were at the workplace installing scaffolding platforms around the perimeter of the construction at height. Prior to that work commencing an exclusion zone implemented below. 

At approximately midday, there was a worker at the workplace that was permitted to enter the exclusion zone despite the scaffolding work at height not being complete. That worker and another were in the process of removing the exclusion zone to complete a work activity when the wind blew causing an unsecured scaffolding plank to fall a distance of approximately 30 metres and strike the contracted worker on the head and shoulder. That worker was wearing a hardhat and was subsequently transported to hospital for treatment. He was assessed and found to have sustained fractures to his right shoulder blade and rib and a laceration to the right side of his head where the hardhat had impacted. 

The incident was investigated by Work Health and Safety Queensland who found the defendant had safety documents identifying the risk posed by falling objects and the need to have the exclusion zone in place. These documents did not outline that the exclusion zone needed to be maintained until the work activity posing risk was completed. This was revised within the documents post incident. 

At the time of sentence, the defendant company was in liquidation. The matter proceeded ex-parte before the Magistrate who noted the consequences of the risk posed could have been much worse and that the probability of the risk was high. Her Honour found that the exclusion zone required to address the risk was available and not burdensome or complex. In sentencing the Magistrate also noted the objective seriousness of the offending and resulting injuries to the worker. 

Magistrate Goverdhan imposed a fine of $50,000 without a conviction recorded. 

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