Industrial manslaughter charges, a $3 million dollar fine for
the company and suspended prison sentences for directors will send
a chill down the backs of businesses and boards. While industrial
manslaughter charges against businesses and directors are unusual,
the outcome isn't. The case of R v Brisbane Auto Recycling
Pty Ltd & Ors [2020] QDC 113 is another case of an
employee being killed at work by a forklift and directors working
in the business being blind to safety.
What sets this case apart from other safety prosecutions is the
complete lack of safe work systems and processes to address, in a
meaningful way, the hazards and safety risks at work. The risk of
death from a forklift is obvious and well-known. The Court found
the lack of any safety systems simply remarkable; the absence of a
traffic management plan was simply inexcusable. It was reckless for
the directors to not have a safe work system and to not foster a
safe workplace culture. As the Court found, "
