On 9 October 2026 an end-to-end waste services company was sentenced in the Wynnum 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 conducted a business in waste collection, treatment, resource recovery, and management solutions Australia wide. The injured worker was employed as a truck driver. His duties included driving a dangerous goods tanker truck to collect hazardous chemicals from customers, and transport and delivery to various locations.

On 25 March 2025, the injured worker was tasked to deliver 10,000 litres of waste caustic soda for disposal. At the delivery site he connected the hose to the tanker truck and removed the outlet valve cap. As he did this, the waste caustic soda discharged from the truck tank and sprayed him directly in the face. Nearby workers assisted by hosing him down and putting him in a shower until the ambulance arrived. The injured worker suffered a bilateral eye injury and remains suffering blurred vision in his left eye.

The Work Health and Safety Queensland investigation revealed that the injured worker adopted a practice whereby he would leave the ball valves open on the pumping system to facilitate easier delivery of chemicals from the tank due to the ball valve often being hard to move, relying on the power take off (PTO) to override the knife-gate valve when discharging. In effect, this bypassed the primary control in relation to prevention of uncontrolled discharge of the hazardous chemical.

The only personal protective equipment (‘PPE’) the injured worker was wearing was wrist height gloves, a respirator mask, long sleeve shirt, and steel capped boots. The injured worker was provided safety glasses but wore his own prescription glasses. The defendant failed to comply with its health and safety duty by not ensuring it provided all truck drivers with the PPE specified by the Safety Data Sheet (‘SDS’):

1. Splash resistant goggles and a face shield;
2. Chemical resistant apron; and
3. Elbow height chemical resistant gloves.

In sentencing the offender Magistrate Sarra acknowledged the long-term impact the incident had on the injured worker and his family. In sentencing, his Honour had regard to the company being a good corporate citizen, having been in operation for over 40 years with no previous work health and safety breaches. His Honour considered the defendant leaders in the industry and had regard for their immediate national response to the incident. The defendant was also commended for the continued support of the injured worker. His Honour had regard for the need to impose a fine that draws attention to the industry.

A fine of $60,000 was imposed and no conviction was recorded

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