$225K fine after worker engulfed by soil in excavation collapse

In NSW, a company has been convicted and fined $225,000 after a worker suffered multiple fractures following an excavation collapse.

The incident occurred 9 June 2022. A worker was clearing a trench on a residential building site and was seriously injured when, while positioned within the trench, a section collapsed and he was engulfed by soil.

With the earthen wall — the height from the bottom of the trench to the top — being around two metres, the worker suffered multiple fractures and needed to be dug out by other workers onsite.

As a result of a prosecution by SafeWork NSW, Mills & Watson Plumbing Pty Ltd was convicted and fined $225,000 in the District Court of NSW. Mills & Watson Plumbing plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty under section 19(1) of the Act.

The sole director of Mills & Watson Plumbing, Christopher Allan Mills, plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with his duty under section 27(1) of the Act and was convicted and fined $22,500.

“Excavation works and working in or near a trench present a serious risk of injury or death,” SafeWork NSW Commissioner Janet Schorer said. “Hazards can include ground collapse, instability of adjoining structures and underground essential services.

“Businesses are reminded of their duty to identify hazards and manage the risks to health and safety associated with excavation works.”

Mills & Watson Plumbing and Mills have the right to appeal against their sentences.

You can read the full judgement against Mills & Watson Plumbing and Mills here, on the NSW Caselaw website.

Workers who have concerns about workplace health and safety can anonymously contact SafeWork on 13 10 50 or through the Speak Up Save lives website.

Business owners and workers can access a range of resources to help manage the risks of working on excavations and earthmoving plant in construction, via the SafeWork NSW website.

Image credit: iStock.com/frantic00. Stock image used is for illustrative purposes only.