Worker injuries lead to fine for earthworks business

A $90,000 fine has been issued to a Bathurst earthworks business after two workers were injured during an excavation.

One labourer was reported to be fully buried and another had his right leg trapped after the side walls of a trench in which they were working collapsed during excavation works.

Bustin’ Free Earthworks was charged by SafeWork NSW for failing to comply with safety standards and breaching section 19(1)/32 of the Work Health and Safety Act (NSW). The company was found to have exposed workers to the risk of serious injury or death as a result of being engulfed in a trench that was not properly secured from collapsing.

SafeWork alleged that Bustin’ Free Earthworks failed to obtain a geotechnical report or ensure appropriate shoring was completed before work commenced in the trench.

SafeWork also alleged the business failed to ensure that workers were sufficiently trained to remain within the protective shoring box at all times.

Bustin’ Free Earthworks was found guilty in the District Court and fined $90,000.

The executive director of SafeWork NSW, Peter Dunphy, said excavation work was dangerous and businesses must take precautions when excavating a trench, tunnel or shaft.

“Under work health and safety laws, businesses must manage the risks of workers being trapped in a collapse when excavating a trench,” Dunphy said.

“When excavating a trench greater than 1.5 m deep, you must also ensure all sides of the trench are supported by shoring, benching or battering.

“You should also get written advice from a geotechnical engineer that all sides of the trench are safe from collapse.

“It is important to ensure that all employees are properly trained and educated about the risks when excavating a trench.”

In this incident, the business failed to train and direct workers to remain within the shoring box and did not remove them from the trench when they stepped outside it.

“Fortunately no workers were permanently injured in this incident, but the outcome could have been very different.”

Following the incident, Bustin’ Free Earthworks has committed to spend over $2 million to improve safety measures, including on additional staff training and to engage a safety consultant to review safety practices.

For information about planning evacuation work, controlling risks, using different evacuation methods and preventing ground collapse, or to access the Excavation Code of Practice, contact SafeWork NSW on 13 10 50 or visit www.safework.nsw.gov.au.