First prosecution under Queensland’s industrial manslaughter laws

It was a little over 2 years ago that the Queensland 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 has 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 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 has 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.”

 It will be interesting to see how this prosecution progresses and what the ultimate outcome will be. It will set a new precedent in respect to workplace safety.