First industrial manslaughter prosecution underway

Queensland’s first industrial manslaughter prosecution is underway after a car wrecking company allegedly caused a worker’s death in May 2019.

Brisbane Auto Recycling was charged with industrial manslaughter after it allegedly caused the death of its worker, who was struck by a reversing forklift at a Rocklea wrecking yard, by failing to effectively separate pedestrians from mobile plant or supervise workers, including mobile plant operators, according to Queensland Work Health and Safety Prosecutor Aaron Guilfoyle. Company directors Asadullah Hussaini and Mohammad Ali Jan Karimi have also been charged for engaging in reckless conduct that resulted in a worker’s death.

“The charges against Hussaini and Karimi relate to their failure as directors to ensure that the business had those systems in place”, said Guilfoyle, in reference to the separation of pedestrians from mobile plant and supervision of workers. The charges follow investigations by Workplace Health and Safety Queensland and the Queensland Police and could see the directors face up to 20 years’ imprisonment while the business could be fined up to $10 million if they are found guilty, Queensland Industrial Relations Minister Grace Grace said.

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

The charges are expected to be mentioned in Holland Park Magistrates Court on 1 November 2019.

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