E.J & D. Hammond Pty Ltd has been convicted and fined $25,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
These proceedings arose from an incident on 14 February 2023, when a worker was injured during excavation work after the walls of the trench collapsed.
Following a defended hearing, E.J & D. Hammond Pty Ltd were convicted of an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty to workers under section 19(1) of the Act.
The full judgment against the company can be read on the NSW Caselaw website at SafeWork NSW v E.J. & D. Hammond Pty Ltd (No 2) - NSW Caselaw.
E.J & D. Hammond Pty Ltd have the right to appeal against its conviction and sentence.
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.
SafeWork Commissioner Janet Schorer said:
“Excavation works and working in or near a trench present a serious risk of injury or death.
“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.”
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