Tuesday 4th May 2021

WHS News Roundup: Tuesday 4th May 2021

Today's safety news covers two serious workplace incidents that highlight the ongoing risks of asbestos exposure and inadequate risk management. Both cases underscore why proactive safety compliance matters for construction, manufacturing, and trade businesses across Australia and New Zealand.

$48k Bill for Clean-Up After Painter's 'Disgraceful' Actions

A painter has pleaded guilty in the Brisbane Magistrates Court to three charges under the WHS Act for failing to protect workers and the general public from the risk of asbestos exposure.

Labelled as 'disgraceful' by a local magistrate, the painter was charged after allowing a worker to use a high-pressure water spray on asbestos or asbestos-containing material, failing to ensure the health and safety of others, and not complying with an improvement notice.

WHSQ investigated after a neighbour reported the presence of 'splotchy' and 'muddy' substances on an external wall following use of a high-pressure water cleaner to clean the roof of a property in Norman Park, where the defendant was painting. Testing revealed asbestos contamination on site.

Costs to clean up and make the property safe for occupants and neighbours exceeded $48,000.

The magistrate, in sentencing, took into account the defendant's financial situation but noted his conduct amounted almost to wilful disregard of his duties. He was fined a total of $4000, with no conviction recorded.

More information can be found on the WorkSafe Qld website. For businesses managing similar risks, our previous WHS news update covers further compliance obligations worth reviewing.

Lack of Risk Management Led to Death of Experienced Worker

A flooring company was investigated by WorkSafe New Zealand following the death of an employee with 17 years of industry experience. The worker was found unresponsive after installing carpet using a strong organic solvent-based adhesive, and died in intensive care at Christchurch hospital three days later.

WorkSafe New Zealand has warned businesses that experience does not substitute for proper risk identification and management.

"The particular adhesive the worker was using was known to be a health hazard, but the company had not undertaken a risk assessment on its use; it had no safe system of work for working with the adhesive – particularly in relation to ventilation and the use of fans; and nor did it provide effective information, training and instruction for workers," said WorkSafe's Investigations Manager for the South Island, Steve Kelly.

Since this incident, the company has implemented operational improvements and has been fined $60,000 in court, plus ordered to pay reparations of $105,000 to the victim's family.

Read the full article on the WorkSafe New Zealand website.

Why This News Matters for Safety Professionals

Both incidents reported on this date, 4th May 2021, reinforce a common theme: documented risk assessments and safe systems of work aren't optional extras — they're essential legal obligations. Businesses handling hazardous substances, whether asbestos-containing materials or industrial adhesives, must ensure proper controls exist before work begins.

• Asbestos disturbance requires strict controls under WHS legislation, regardless of intent.
• Workplace experience never replaces formal risk assessment processes.
• Ventilation and safe handling procedures must be documented for hazardous adhesives and chemicals.
• Non-compliance with improvement notices carries serious legal consequences.

Stay informed with our ongoing WHS news coverage — see our updates for Tuesday 25th May 2021 and Tuesday 1st June 2021 for further case studies and compliance guidance relevant to your industry.