On 15 October 2025, a medium sized business that manufacture garage doors were sentenced in the Beenleigh Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with its primary health and safety duty pursuant to section 19(1) of the Act.   

The defendant company operated a business manufacturing garage doors. Workers would operate a rollformer which molded and cut metal sheets. When the scrap metal conveyor component of the machine failed, it was removed, which left an unguarded gap of 790cm. This allowed workers to walk through the gap and bypass the light curtain, giving access to the moving parts of the machine.

On 15 February 2023, one of the workers was attempting to clear scrap metal when he bypassed the light curtain and leant over the rollformer, accessing the moving parts of the machine. His hand was caught and crushed causing traumatic amputation of his index and middle fingers and his thumb was degloved.

The defendant’s offending was in failing to eliminate or minimise the risk that workers would be trapped in the moving or rotating mechanical parts by ensuring:

• There were temporary bollards in place across the area where the scrap conveyor had been located, to prevent access to the area; and
• The safe practices were reinforced with workers, that the rollformer was not to be accessed unless the rollformer had been isolated.

In sentencing, Magistrate Elliot took into account the defendant’s early plea of guilty, cooperation, good corporate citizenship, lack of prior convictions, and the significant steps the company had taken to improve safety since the incident.

His Honour noted that the risks were foreseeable and explained that there were inexpensive measures available which would have prevented injury to a worker. His Honour emphasized the purpose of the Work Health and Safety Act and reasoned that, regardless of the duration the risk was present, workers were still exposed to serious injury. 

In light of these factors, his Honour convicted the defendant (without recording a conviction), ordered a fine of $60,000 and costs in the total amount of $1,605.35 comprising $1500 in professional costs, $105.35 court. Payment was referred to SPER. 

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