The Case

Office of the Work Health and Safety Prosecutor v Jeffrey Owen (2022)

Mr Owen operated a business specialising in the repair and maintenance of electrical appliances. On 3 July 2019, Mr Owen operated a forklift to unload a generator that had been delivered to the premises on the back of a flatbed truck. The generator fell off the forklift, crushing and killing Mr Owen’s friend who was assisting with unloading the delivery.

Mr Owen was charged with industrial manslaughter under section 34C of the Work Health and Safety Act 2011 (Qld). His friend was considered a ‘worker’ for the purpose of the legislation, which includes any person carrying out work for a person conducting a business or undertaking, including volunteers.