On 10 April 2026, an abrasive blasting company was sentenced in the Cairns 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, as a person conducting a business, had a primary duty of care to ensure, so far as reasonably practicable, the health and safety of workers; and the defendant failed to comply with that duty; and the failure exposed an individual to a risk of death or serious injury. The defendant was found guilty after trial.

At the relevant time, the defendant operated a business which provided abrasive blasting services. They owned specialised equipment, including a blasting chamber which had mesh flooring so particles would fall through to the hoppers below. From there, the particles would move onto conveyor belts, into a pit, and then into a bucket elevator via an auger. Workers would regularly access the room below the blast chamber to clean and manually clear the conveyor belts.

The auger contained insufficient metal guarding which was not secured in place and could be altered or removed without use of a tool. Additionally, it did not cover the entire exposed area of the auger. The Managing the risks of plant in the workplace Code of Practice 2021 raised the need to have physical barriers securely fixed in position, ensuring they could only be removed with a special tool.

The task of maintaining the conveyor belts in the recovery area of the blast chamber was hazardous because it posed a risk to the health and safety of workers, namely a risk of serious injury or death should workers come into contact with the auger in the recovery area of the blast chamber. The risk materialised when a worker was attempting to clean the conveyor belts in the recovery area of the blast chamber and his left foot dislodged the guarding over the auger and became caught. The blades of the auger caused extensive degloving to his left foot and partial amputation of the third and fourth toes. He underwent combined orthopaedic and plastic surgery of his left foot which involved grafts and reconstruction of his left foot.

Following the incident, in response to an improvement notice issued by Work Health and Safety Queensland, the defendant installed guarding over the auger that was fixed in a manner such that it could only be removed with the aid of a tool. The defendant also topped up the injured worker’s WorkCover payments to ensure he was not out of pocket.

In sentencing, His Honour Magistrate Dalton noted that the defendant was solely to blame for the offending. His Honour considered that specific deterrence was less relevant given the steps taken by the defendant following the incident and thought the risk of reoffending was low. His Honour also took into account that the defendant was a small, family-run business with a “hands on” director and no prior convictions who fully cooperated with the investigation. In these circumstances, His Honour was cognisant not to impose a crushing fine.

However, His Honour also considered the defendant’s remorse was “mixed” as they showed compassion to the injured worker by providing financial assistance, but also pleaded not guilty with the director giving self-serving evidence to exculpate his company. His Honour acknowledged that the physical and emotional harm to the complainant was ongoing and treated it as an aggravating feature of the offending.

A fine of $100,000 was imposed, with no conviction recorded. The defendant was also ordered to pay costs.

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