On 26 June 2026 two workers were 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 their health and safety duties.

The defendants had duties, pursuant to section 28(b) of the Act, to take reasonable care whilst at work that their acts or omissions did not adversely affect the health and safety of other persons. Failure to comply with their duties exposed an individual to a risk of death or serious injury.

The first defendant was the director of a company engaged to install a cantilever racking system at a commercial premises at Eagle Farm. The second defendant was a supervisor at the company.

Following installation of the racking system, the defendants identified that it was approximately 100-150mm out of position. They discussed between themselves how best to rectify the error and decided they could move the racking without dismantling the system. The method they decided to use was to attach a tow strap to an elevated work platform (‘EWP’) and use it to drag the racking into position. In the course of moving the racking, it collapsed in the direction of the EWP, crushing the basket of the EWP and trapping the second defendant inside.

Emergency services attended and freed the defendant, who suffered bruising and abrasions.

In sentencing the defendants, Magistrate Kelly had regard to the facts of the offending, the submissions of the parties, and the principles in Nicholson v GCMR Project Services Pty Ltd [2025] QCA 242 and R v Cordwell; R v Cordwell Resources Pty Ltd [2023] QCA 26.

Her Honour characterised the defendants’ conduct as self-evidently dangerous.

In mitigation, her Honour had regard to the defendants’ lack of criminal history, their early pleas of guilty, financial circumstances, and cooperation with investigators by way of participating in voluntary interviews.

Magistrate Kelly convicted and fined the first defendant $12,000 and did not record a conviction.

In sentencing the second defendant, her Honour also had regard to the extra-curial punishment suffered by the defendant, in that he suffered bruising and abrasions and was hospitalised overnight. Her Honour convicted and fined the defendant $9,000 and did not record a conviction.

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