First prosecution under Queensland’s pioneering industrial manslaughter laws

Published:

In a first for Queensland, the Work Health and Safety Prosecutor has commenced a prosecution against Brisbane Auto Recycling Pty Ltd for industrial manslaughter under the Work Health and Safety Act 2011.

Separate charges have also been made against the company directors, Asadullah Hussaini and Mohammad Ali Jan Karimi, for engaging in reckless conduct that resulted in the death of a worker.

“I have been advised by the independent Work Health and Safety Prosecutor that he has initiated the industrial manslaughter and reckless conduct proceedings in relation to a workplace fatality which occurred earlier this year”, Minister for Industrial Relations, Grace Grace said.

“Just over two years ago, the Palaszczuk Government introduced tough new laws aimed at protecting Queensland workers.

“These laws are about saving lives and ensuring all Queenslanders return home to their loved ones after a day’s work.

“They are the first of their kind to be introduced by a state jurisdiction and leave negligent employers culpable in workplace deaths with nowhere to hide.

“Individuals guilty of industrial manslaughter will face up to 20 years imprisonment, with corporate offenders liable for fines of up to $10 million.”

The workplace fatality occurred on Friday 17 May 2019, when a worker was tragically killed after being struck by a reversing forklift at wrecking yard in Rocklea.

Following investigations by Workplace Health and Safety Queensland and Queensland Police, a brief of evidence was referred to the Office of the Work Health and Safety Prosecutor.

“After careful consideration, I decided to take action against the company and its directors”, Work Health and Safety Prosecutor Aaron Guilfoyle said.

“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.”

The charges will be mentioned in the Holland Park Magistrates Court on Friday 1 November 2019.

More information on industrial prosecutions is at worksafe.qld.gov.au

Minister for Education and Minister for Industrial Relations
The Honourable Grace Grace

 
Business Business & Economy Employment & Training Law & Safety Political Queensland Government
Social:   

Queensland Government : Employment and Industrial Relations :
Queensland Wide
13 74 68
Queensland Government : Employment and Industrial Relations
Showing 10+ recent articles for this business
Christmas Eve part-day public holiday becomes a reality 28 November 2019 | The Palaszczuk Government has passed legislation to establish a part-day public holiday on Christmas Eve, starting this year. More information...
Asbestos: tough action to continue 27 November 2019 | The Palaszczuk Government has vowed to continue to raise awareness around asbestos safety.   More information...
First prosecution under Queensland’s pioneering industrial manslaughter laws 25 October 2019 | In a first for Queensland, the Work Health and Safety Prosecutor has commenced a prosecution against Brisbane Auto Recycling Pty Ltd for industrial manslaughter under the Work Health and Safety Act 2011. More information...
More support for vulnerable workers on the way 22 October 2019 | Amendments to workers’ compensation laws to improve support for vulnerable workers have passed Parliament today. More information...
More successful prosecutions under Queensland’s labour hire laws 18 October 2019 | Industrial Relations Minister Grace Grace has issued a warning to Queensland’s labour hire operators, following another three successful prosecutions in the Caboolture Magistrates Court this week. More information...
Queensland safe work and return to work champions celebrated 09 October 2019 | Industrial Relations Minister Grace Grace has congratulated Queensland’s 2019 Safe Work and Return to Work Awards winners at a ceremony in Brisbane. More information...
Ambassador Libby speaks out for Mental Health Week 03 October 2019 | Like she did in the pool during her illustrious swimming career, Queensland Mental Health Ambassador Libby Trickett is looking for ‘PBs’ heading into Mental Health Week (5-13 October). More information...
Young Queenslanders highlight farm safety messages 19 September 2019 | The works of a dozen talented Queensland primary school students will once again showcase important farm safety messages in a colourful calendar that’s become a must-have household favourite. More information...
Government finalises new code in battle against silicosis 18 September 2019 | Queensland will introduce Australia’s first Code of Practice for the stone benchtop industry, Industrial Relations Minister Grace Grace announced today. More information...
New research to support workers diagnosed with silicosis 22 August 2019 | WorkCover Queensland has engaged two leading universities to undertake important research on how to best support workers who have been diagnosed with silicosis, Industrial Relations Minister Grace Grace announced... More information...


comments powered by Disqus

All articles submitted by third parties or written by My Sunshine Coast come under our Disclaimer / Terms of Service