First industrial manslaughter prosecution in Queensland

Charges laid after worker was struck by reversing forklift in Rocklea

Two years after the laws were introduced in Queensland, the state's Work Health and Safety Prosecutor has commenced its first prosecution for industrial manslaughter under the Work Health and Safety Act.

The charge is against Brisbane Auto Recycling Pty Ltd for a workplace fatality which occurred on May 17 this year, when a worker was killed after being struck by a reversing forklift at wrecking yard in Rocklea.

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

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 says.

"This is 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."

A South Australian transport director was found guilty of manslaughter in 2016

The charges will be heard in the Holland Park Magistrates Court on November 1.

"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," state industrial relations minister Grace Grace says.

"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."

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