Civil works company fined $25,000 over trench collapse
26 June 2026•BlueSafe Team•Source: SafeWork NSW
E.J & D. Hammond Pty Ltd has been convicted and fined $25,000 in the Industrial Court of NSW after a worker was injured in a trench collapse during excavation work.
SafeWork NSW brought the prosecution following the incident on 14 February 2023, when the trench walls collapsed during excavation work.
After a defended hearing, the company was convicted under section 32 of the Work Health and Safety Act 2011 for failing to meet its duty to workers under section 19(1).
The company has the right to appeal its conviction and sentence. The full judgment is available on the NSW Caselaw website under SafeWork NSW v E.J. & D. Hammond Pty Ltd (No 2).
SafeWork Commissioner Janet Schorer warned that excavation work and working in or near trenches carry a serious risk of injury or death. She identified ground collapse, instability of adjoining structures and underground essential services as potential hazards.
“Businesses are reminded of their duty to identify hazards and manage the risks to health and safety associated with excavation works.”
Business owners and workers can access resources to help manage risks involving excavations and earthmoving plant in construction. Workers can also raise workplace health and safety concerns anonymously with SafeWork on 13 10 50 or through the Speak Up Save Lives website.
How Blue Safe can help: Our free SWMS tool can help you prepare a safe work method statement for high risk construction work involving trenching and excavation. Create a free SWMS