On 28 November 2025, a scaffolding company was sentenced in the Brisbane 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 company operated a business in the installation of scaffolding. It was engaged to install a hanging bracket scaffold system on a two-storey house under construction at Camp Hill. This type of scaffold system was supported by the frame of the house under construction. A director of the defendant company, who was a licensed scaffolder, attended the workplace to inspect and create a plan for the installation of that scaffold to the house frame.

On 7 December 2023 two workers of the defendant company, who did not have high risk scaffolding work licenses, were at the worksite to install the hanging bracket scaffold system to the house frame. Those workers had been provided with the plan, which was a floor plan of the house being constructed with markings as to where the components of the scaffolding were to be placed. During the installation of the scaffold the house frame broke free causing the scaffold bracket and scaffold planks to collapse. The defendant’s worker was on the scaffold platform at this time and fell approximately 5 meters onto the driveway of the neighbouring property sustaining fractures to his back and foot. He required surgery and hospitalisation.

Work Health and Safety Queensland investigated and found that prior to the installation the defendant company had not obtained verification from an engineer that the house frame structure was sufficiently complete as required under the Scaffolding Code of Practice 2021. This was determined to be causative of the incident. It was also found that the defendant’s safe work method statement for the work activity, scaffold plan and worker training was inadequate.

In sentencing the defendant, Magistrate Shephard found that its culpability was at the high end of moderate. Her Honour found the risk was a fall from height, that was an obvious and perceivable risk given the nature of the work, and the Scaffolding Code of Practice 2021 outlined the steps which were required to lessen the risk.

Magistrate Shephard found it was fundamental in using this type of hanging bracket scaffold to ensure the house frame was sufficient, and that it cannot be assumed that it will be. The Code made it clear the onus was on the installer to ensure the house frame was sufficient prior to installation and the defendant had failed to implement this known control measure which exposed a worker to risk of serious injury and death. Her Honour found that this risk posed had materialized which resulted in the worker sustaining serious injury.

Magistrate Shephard took into account the matters in mitigation, including the defendant’s early plea of guilty, cooperation with the investigation and lack of prior convictions, and imposed a fine of $70,000 with no conviction recorded.

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