On 10 July 2026, an individual was sentenced after pleading guilty to an offence of failing to comply with a health and safety duty not to adversely affect the safety of others pursuant to section 28(b) of the Work Health and Safety Act 2011 (Qld) (‘the Act’) and exposing an individual to the risk of death or serious injury.

The defendant was engaged to perform vegetation clearing work. On 26 July 2024, the defendant was responsible for driving a tipper truck with a trailer-mounter woodchipper.

The tipper truck became bogged, and a bobcat was utilised to move the tipper truck. While manoeuvring the truck, the defendant failed to observe another worker, a 16-year old apprentice, who was performing work on the woodchipper. The wheels of the tipper truck ran over the apprentice, causing serious crush injuries to his abdomen, pelvis, and legs.

The defendant was sentenced on the basis that in operating the tipper truck absent an exclusion zone, in the vicinity of pedestrian workers, and without a spotter, the defendant failed to ensure that his operation of the tipper truck did not adversely affect the health and safety of other persons at the workplace.

In determining the sentence to be imposed, her Honour had regard to the principles of the Penalties and Sentences Act 1992 (Qld), finding that the defendant was a young person at the time of the incident, had no prior breaches of work health and safety laws, a limited criminal history, entered an early plea of guilty, cooperated with the administration of justice, and had shown genuine remorse.

Her Honour found that the defendant’s error was his choosing to reverse without establishing the location of the apprentice. Her Honour accepted that the defendant could not see the apprentice, and did not intentionally cause him harm, but noted that the relevant checks to ensure the apprentice’s safety were hardly difficult, and certainly not burdensome.

Having had regard to all the circumstances, Her Honour imposed a fine of $8,000.00, with two months to pay and to be referred to SPER in default. A conviction was not recorded.

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