On 11 August 2026 a forklift operator was sentenced in the Holland Park Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with his health and safety duty.

The Defendant’s failure involved a failure to maintain a clear view in the direction the forklift operated by him was travelling, so that he did not collide with pedestrian workers. On 2 May 2024, a forklift the defendant was operating struck another worker causing serious injuries.

The Court took into account the defendant’s age, plea of guilty and the fact the defendant had no prior breaches or criminal history. The Court was provided with financial documentation from the defendant and accepted that he had issues with capacity to pay a fine.

The Court referred to the principles in Steward v MacPlant and agreed with the submissions of the prosecution that the potential consequences here were severe, the risk of a worker being killed were obvious and foreseeable, the steps to eliminate the risk were not difficult, and the risk could have been easily minimised or avoided. The prosecution sought that a fine be imposed for the offending.

Her Honour accepted the submission, by defence, that a Court ordered undertaking would be appropriate, however noted that it did not address the principles of general deterrence. Therefore, her Honour noted that a fine ought to be imposed as well to address that principle.

Her Honour sentenced the defendant to a fine of $1,000 and made an order that the defendant be subject to a court ordered undertaking (pursuant to section 239 of the Act) for 12 months with conditions that the defendant not commit any offence under the Act; and complete a Certificate IV in Work Health and Safety.

The Court ordered that the fine, and costs of $1,615.50, be referred to SPER.

The matter was adjourned for 12 months.

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