On 28 August 2025, a sugarcane farming corporation was sentenced in the Bundaberg 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 owned and operated a tractor and a hydro fluming roller. The fluming roller was a winding spool mechanism mounted to the tractor, and hydraulically powered by the tractor. The fluming roller was manufactured by and for the defendant. Installation and removal of fluming was part of the workers duties at the defendant’s farms. Workers were required to manually affix the fluming to the fluming roller and then power it on. Sometimes this required multiple attempts because there was no way to secure fluming to ensure it gripped. Workers at times also manually handled the fluming to guide it so it wound straight onto the spool.

On 21 May 2024, a worker removing fluming from one of the defendant’s farms was reported missing to Queensland Police when he did not return home and was unable to be contacted. The worker was found later that night at one of the farms, trapped in the fluming roller which was still powered on and rotating. He was located inside the fluming roller spool, tangled with the hydro fluming wrapped around his body. He was clearly deceased at this time. The rotation of his body created a trench beneath him.

The defendant was sentenced on the basis that it failed to:

1. Complete a risk assessment in relation to the operation of the fluming roller
2. Draft and implement a Safe Work Method Statement for the work activity, including but not limited to:
   
   1. Instructions how to safely operate the fluming roller; and
   2. Mandating the power source is fully isolated before attempting to affix the fluming to the fluming roller.

Defence tendered an expert report at sentence, identifying the fluming roller subject of the incident had a modified lever which permitted workers to change the speed of the fluming roller whilst standing in front of it. Her Honour accepted the defendant was not aware of this modification until after the fatal incident.

Her Honour had regard to the sentencing principles of general deterrence and denunciation. In mitigation, her Honour accepted the defendant is a good corporate citizen, has no criminal history, entered an early plea of guilty, cooperated with the investigation, demonstrated significant remorse, and is a primary contributor to the Bundaberg region.

Her Honour imposed a fine of $250,000 and did not record a conviction. Her Honour made a further order prohibiting the access and publication of portions of the statement of facts and photograph tendered at sentence.

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