On 29 January 2026, an individual was sentenced in the Holland Park Magistrates Court for failing to comply with two health and safety duties relating to asbestos work on a roof, contrary to section 33 of the Work Health and Safety Act 2011 (Qld) (‘the Act’).

The defendant operated an unregistered business completing roof restorations. He was contracted to restore an asbestos roof, knowing that the roof contained asbestos.

There was a risk that workers or other persons would be exposed to Asbestos Containing Dust or Debris (ACD) if a high pressure washed or broom was used on the roof.

On 31 May 2022, the defendant and another worker commenced the roof restoration, using a high-pressure water spray and broom which resulted in ACD being dispersed across three properties.

The defendant failed to:

• Obtain information relating to the hazards, requirements and recommended methods of working with asbestos;
• Prohibit high pressure water spray being used on the roof;
• Prohibit brooms from being used on the roof;
• Utilise alternative cleaning methods such as fungicide;
• Provide PPE including disposable overalls, gloves and respiratory protection.

In sentencing, Magistrate Byrne took into account the defendant’s plea of guilty and noted his carelessness in exposing others and himself to risks. His Honour spoke of the inherent risks of asbestos exposure and that contraction of disease relating to asbestos exposure would sometimes not become apparent until approximately 20 years after exposure. His Honour balanced the Nash factors set out in Steward v Mac Plant Pty Ltd and Mac Farms Pty Ltd [2018] QDC 20 with the fact that there was no evidence that injury was caused.

Magistrate Byrne recorded a conviction, sentenced the defendant to an $8,000 fine and ordered costs in the amount of $1,500 in professional costs and $105.30 for filing the complaint.

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