NSW Civil Contractor Fined $25,000 After Serious Trench Collapse

A New South Wales civil works company, E.J & D. Hammond Pty Ltd, has been convicted and fined $25,000 in the Industrial Court of NSW following a prosecution by SafeWork NSW over a trench collapse that injured a worker.

The incident occurred on 14 February 2023 during excavation activities, when the walls of a trench gave way, causing injuries to a worker in the excavation. Such events underline the high-risk nature of working in or near trenches without adequate controls, planning and monitoring.

After a defended hearing, the court found E.J & D. Hammond Pty Ltd guilty of an offence under section 32 of the Work Health and Safety Act 2011. The conviction related to a failure to comply with the primary health and safety duty owed to workers under section 19(1) of the Act, which requires persons conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers.

The decision reinforces the need for businesses engaged in excavation and civil construction to implement and maintain effective WHS management systems, including clear policies, procedures and Safe Work Method Statements (SWMS) for trenching and excavation work. Comprehensive planning, risk assessment and control measures – such as benching, battering, shoring and regular inspections – are essential to prevent ground collapse and protect workers.

The full judgment in the matter is published on NSW Caselaw under the title SafeWork NSW v E.J. & D. Hammond Pty Ltd (No 2), providing further detail on the court’s findings and reasoning. The company retains the right to appeal the conviction and sentence.

SafeWork NSW has reminded workers that they can raise work health and safety concerns confidentially and, if they wish, anonymously by calling 13 10 50 or via the Speak Up Save Lives online reporting platform.

Business owners, PCBU representatives and supervisors are encouraged to access the broad range of guidance and tools available to help manage risks associated with excavation, trenching and earthmoving plant in the construction sector. This includes ensuring site-specific SWMS are in place and that workers are trained and competent to implement them in practice. For organisations seeking structured WHS documentation, commercial WHS management systems and SWMS templates are available from specialist providers such as BlueSafe Online and their SWMS library.

SafeWork Commissioner Janet Schorer emphasised the life-threatening nature of excavation work, stating that working in or near trenches can expose workers to serious risks of injury or death. Key hazards include ground collapse, instability of nearby structures, and damage to or contact with underground essential services. Ms Schorer reminded businesses of their legal duty to identify these hazards and to implement effective risk controls to manage the health and safety risks associated with excavation works.

This case serves as a timely reminder to all construction and civil contractors that compliance with the WHS Act is not optional. Regular review of WHS policies, SWMS and site supervision practices is critical to ensuring safe systems of work and preventing similar incidents on future projects.