On 16 June 2025, a worker was sentenced in the Richlands Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act) for having failed to comply with his health and safety duty as a worker to take reasonable care that his acts or omissions do not adversely affect the health and safety of other persons.
The defendant is a sales consultant for a formwork company. He sold and hired out formwork, organised the drawing of plans in-house, and attended sites to give tutorials and demonstrate the best way to erect the system.
On 6 April 2023, the defendant attended a construction site at Darra. He provided an initial tutorial to the employees of the construction company working on the project. The formwork was neither anchored nor braced according to the plans. The formwork was about 24.7 metres in length, 3.4 metres wide, and 4.6 metres high when it collapsed and knocked over a 3 metre high scissor lift. Two workers were in the scissor lift at the time. One worker jumped from the scissor lift and suffered a fractured knee, elbow and lacerations. One worker, who remained in the lift, was crushed by the formwork. He suffered complex traumatic facial fractures. The defendant also suffered lacerations from the fallen formwork.
The defendant was sentenced on the basis that he failed to ensure:
- The formwork was erected in accordance with the plans;
- That training was provided to workers on the task of erecting the formwork; and
- Supervision was provided during the erection of the formwork.
In imposing a sentence, Magistrate Quinn had regard for the need for general and specific deterrence and denunciation. In mitigation, his Honour accepted the defendant was of good character, had no criminal history, early plea of guilty, cooperated with the investigation and the administration of justice, and demonstrated remorse.
OWHSP contact: enquiries@owhsp.qld.gov.au
Court Report
Source: Queensland Government – Office of the Work Health and Safety Prosecutor