Prosecution case study: Highest penalty ever against an individual for breach of WHS Act

A partner in a Toogoolawah sawmilling company was fined $20,000 after a workplace death last year—the highest penalty ever ordered against an individual for a breach of the Workplace Health and Safety Act 1995.

The partner pleaded guilty in the Toowoomba Industrial Magistrates Court to breaching the Act, for having failed to ensure the safety of workers at work. Three other partners were all placed on good behaviour bonds of $10,000 over a six month period.

A worker at the company died when a piece of wood was ejected at high speed from a bench saw, piercing him in the chest.

The court heard that on the day of the incident the sawmiller was using a bench saw, which was not properly guarded and which had no anti-kickback devices that would prevent wood being ejected from the saw during its use.

The workplace health and safety investigation revealed that the obligation holders were aware of the condition of the machine and of previous incidents of timber being ejected prior to the incident, but had failed to ensure proper guarding and use of the saw.

As a result of the incident, the company has taken steps to ensure that such an incident does not recur.

(Toowoomba Industrial Magistrates Court, December 2004)

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