Court hands down first decision under Queensland's industrial manslaughter laws

In 2017 the State Government introduced the industrial manslaughter provisions into the Workplace Health and Safety Act 2011. 

Section 34 of that legislation stipulates the potential offences committed by, and the penalties imposed apon, persons conducting a business and the senior officers of that businesses in the event of a workplace death.

The Minister for Education and Minister for Industrial Relations, Ms Grace Grace announced on 25 October 2019 the she has been advised by the Workplace Health and Safety Prosecutor that he had commenced industrial manslaughter and reckless conduct proceedings against Brisbane Auto Recycling Pty Ltd and its company directors as a result of a workplace death.

On 17 May 2019, a worker, Mr Willis was killed when hit by a reversing forklift at his place of employment with Brisbane Auto Recycling Pty Ltd. After considering the circumstances of the tragedy the Prosecutor stated:

“This the first prosecution for industrial manslaughter in Queensland and is the result of a comprehensive investigation into the fatality.

“The charge of industrial manslaughter includes allegations that Brisbane Auto Recycling caused the death of their worker by failing to effectively separate pedestrians from mobile plant, and failed to effectively supervise workers, including the operators of mobile plant.

“The charges against Hussaini and Karimi relate to their failure as directors to ensure that the business had those systems in place.”

Today the District Court in Brisbane handed down its decision. Prior to judgment the two company directors pleaded guilty to engaging in reckless conduct and their company also pleased guilty. Both Directors were sentenced to 10 months’ imprisonment, wholly suspended for 20 months. The company was fined $3 million.

Initially the Directors lied to the deceased’s family as to how Mr Willis had died, and the true nature of the cause of death was only discovered when CCTV footage was accessed. They also misled investigators as to who was driving the forklift at the time of the accident. Judge Anthony Rafter in handing down the sentence said that the Directors’ “moral culpability” was high and that their conduct was designed to “deflect responsibility”.

The company had no safety policies and procedures in place and workers were told to “look after themselves”. The Directors were on notice of the risk associated by not implementing safety policies yet did nothing to obviate the real risk of harm to their workers, which they could have done at minimal cost. The company had no WorkCover policy of insurance in place and were behind in superannuation payments at the time of the tragedy.

The judgment is the first test of the industrial manslaughter laws and this case will now set the benchmark for businesses and Directors moving forward.

In considering the sentence handed down it is noted that the maximum penalty which can be imposed on a company is $10 million and the maximum penalty for an individual is $600,000 or five years’ imprisonment.