On 22 January 2026, a steel supplier, processor and distributor was sentenced in the Mackay 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 conducts a business in the supply, distribution and processing of steel products, since 1998. It is a subsidiary of a national group which operates across 43 sites nationally, including a warehouse at Paget in Mackay.

On 18 September 2023, three workers were picking and packing a steel order. Orders were done by either manually lifting and moving small steel products; and for large orders they used a fixed overhead 2 x 5 tonne dual hoist crane to pick and move large pieces of steel to the warehouse floor for packing. The dual hoist could operate. Worker A (25 years old) operated the crane to move a loose pack of 19 x hollow section steel beams, each 8 metres in length. The pack weighed approximately 1.4 tonnes. Worker B (18 years old) stood next to the crane operator as he oved the load, which was suspended about a metre above the racks.

At this time, Worker C (18 years old) walked under the load. Workers A and B told him to get out of the way of the load. The west side of the load suddenly slipped out of the sling and struck Worker C on the back, crushing him face down on the warehouse floor and rendered him unconscious for 15 seconds. Worker C suffered hearing loss, and a severe spinal injury resulting in paraplegia. Worker B was also struck by a steel beam on the leg and suffered a haematoma.

Worker A reasoned he was distracted and may have pressed buttons on the crane remote controller to cycle out of synchronicity and into single hoist operation.

The defendant breached their duty by failing to ensure:

1. They established and enforced exclusion zones for the loading, movement, and unloading of steel;
2. Adequate induction was provided to workers on the Safe Operating Procedures;
3. Adequate training and instruction was provided to workers to:
   
   1. Safely operate the crane;
   2. Safely load, sling, and unload steel;
4. Adequate supervision of the tasks during the work activity;
5. Workers complied with Safe Operating Procedures; and
6. A procedure to document and audit the training of workers on the work, the risk and controls.

Post incident, the defendant replaced the remote control to remove the possibility of single hoist activation. The defendant also requires and pays for all crane operators to be certified.

Her Honour had regard for the inexperience of the workers, Worker A was in his fifth week of work; and Workers B and C were only in their second week of work. Her Honour accepted the likelihood of being crushed by a suspended load was high and the risk was obvious. The defendant recognised this by the easy to follow procedures they had in place. Her Honour characterised the breach as a lack of reinforcement and supervision of the procedures, as opposed to a total failing of their obligations.

In imposing a penalty, her Honour had regard for the sentencing principles of denunciation and deterrence.

Her Honour accepted in mitigation, the defendant is a good corporate citizen, has no criminal history, cooperated with the investigation, entered an early plea of guilty and demonstrated remorse.

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