Mills & Watson Plumbing Pty Ltd Convicted and Fined Following Safety Breach
In a notable case scrutinised by SafeWork NSW, plumbing enterprise Mills & Watson Plumbing Pty Ltd has been declared guilty and penalised $225,000 in the NSW District Court. This prosecution was triggered by a severe workplace incident that transpired on 9 June 2022.
The regrettable event occurred at a residential construction site where a labourer was grievously wounded whilst undertaking trench clearance operations. The unfortunate worker was inside the trench when an unexpected collapse enveloped him under a mound of earth. Measured from its base, the distance to the peak of this trench wall stood at approximately two metres.
In what was undoubtedly a frantic job site scenario, fellow workers were tasked with excavating their trapped colleague from his perilous predicament. The worker endured multiple fractures as a consequence of the ordeal.<\p>
Failing to maintain its obligations under section 19(1) of the Work Health and Safety Act 2011 (NSW), according to section 32 of the same Act, Mills & Watson Plumbing admitted guilt. Correspondingly, Christopher Allan Mills, the sole director of the company, was found guilty and fined $22,500 for not upholding his responsibilities under section 27(1) of the Act based on section 32 seizures.
Detailed judgement specifics regarding both Mills & Watson Plumbing and Mr Mills can be perused on the NSW Caselaw website. Both parties retain the right to contest their sentences.
Workers harbouring health and safety apprehensions about their workplaces can anonymously reach out to SafeWork via phone on 13 10 50 or utilise the Speak Up Save Lives online platform.
For businesses and workers seeking safer operational strategies when working amid excavations and handling earthmoving plant equipment within construction, a plethora of resources are readily available. Emphasising the importance and functionality of working safety tools, such as Bluesafe WHS Management System and SWMS (Safe Work Method Statements), these guidelines can significantly reduce workplace hazards.
Comments by SafeWork Commissioner Janet Schorer:
According to Commissioner Schorer, both excavation operations and functioning within or around a trench pose significant injury or fatality risks. Potential hazards can encompass instances of ground erosion, compromised structural integrity of nearby constructions, and the location of crucial underground services.
Businesses are urged to remember their responsibility to identify potential hazards and manage associated health and safety risks effectively during excavation processes, ideally using well-structured plans like those incorporated in the Bluesafe SWMS systems.
Original article link: https://www.safework.nsw.gov.au/news/safework-media-releases/company-fined-$225,000-after-worker-injured-in-excavation-collapse
