On 9 May 2025, a metal fabrication company was fined $130,000 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 its primary health and safety duty.

The defendant operated a metal fabrication business on the Sunshine Coast. A customer asked the defendant to fix a fuel leak in a diesel tank of a modified motor home. The defendant agreed to perform this work.

In October 2022, an experienced boilermaker and a mature-age apprentice commenced the works. The workers emptied the diesel from the tank however, the tank was not filled with an inert substance.

The boilermaker was on his back, underneath the vehicle, when he began to weld the diesel tank which remained fitted to the vehicle. The apprentice was standing near the vehicle, watching and assisting.

A ‘flashover’ event occurred, and smoke began to emanate from the tank. The work was paused while the boilermaker and workshop manager discussed what to do. The boilermaker ultimately continued with the work, believing it was safe to continue.

An hour later, the diesel tank erupted into flames and both the boilermaker and apprentice were engulfed in a fireball of flame. The boilermaker suffered burns to 45% of his body. The apprentice also suffered burns.

The work was hazardous as power tools, such as a welder, were a source of ignition and were being used in an area in which flammable or combustible liquids, vapours or gases may have been present.

The defendant pleaded guilty and accepted it failed to eliminate or minimise the risk of death or serious injury as a result of an explosion or fire. 

The defendant entered an early plea of guilty, had no prior convictions and cooperated with the regulator.

The learned Magistrate fined the defendant company $130,000.

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