A magistrate has labelled a house painter’s failure to protect workers and the public from asbestos, “disgraceful”. 

The painter was fined $3,000 in the Brisbane Magistrates Court after pleading guilty to three charges relating to breaches of Queensland’s workplace safety laws.

The owner of the company had failed to ensure the health and safety of others and directed or allowed a worker to use a high-pressure water spray on asbestos or asbestos containing material.

The $48,291.09 cost to clean and make safe the property and its neighbours was left to the Queensland Government.

The defendant was painting a Norman Park house, which he was aware contained asbestos. He also did not hold a current QBCC trade contractor’s licence after failing to renew. 

After work commenced in February, 2019, witnesses saw a worker cleaning the roof using water and a subsequent ‘muddy splotchy’ substance adhering to a neighbour’s external wall. 

In response to complaints, Workplace Health and Safety Queensland inspectors found that the roof was made of corrugated asbestos cement sheeting.

Testing revealed asbestos contamination caused by high-pressure water spray blasting of the roof. The defendant received an improvement notice to make the property safe and ensure all asbestos was contained, labelled and disposed of, which did not happen.

Magistrate Michael Quinn said the defendant’s conduct was very close to a wilful disregard of his duties and responsibilities.

The magistrate also commented that the defendant’s behaviour in receiving $6,000 for the work, failing to repay any portion of it, and subsequently claiming he was impecunious, was an aggravating factor as it demonstrated a near callous disregard for the safety of the public. 

When considering the penalty to be imposed, the magistrate took into account the defendant’s difficult financial circumstances and the fact he was paying a $6,500 fine related to his unlawful conduct in carrying out work without the appropriate licence. He said the defendant’s conduct was ‘disgraceful’ and imposed a $3,000 fine and costs of $1,000.

No conviction was recorded.