Mills & Watson Plumbing Pty Ltd has been convicted and fined $225,000 in the District Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 9 June 2022, when a worker was seriously injured while clearing a trench on a residential building site.
The worker was positioned within the trench when a section collapsed and engulfed him with soil. The height from the bottom of the trench to the top of the earthen wall was about two metres.
The worker needed to be dug out by other workers on site and suffered a multiple fractures.
Mills & Watson Plumbing plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its duty under section 19(1) of the Act.
Christopher Allan Mills, the sole director of Mills & Watson Plumbing, was convicted and fined $22,500.
Mr Mills plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with his duty under section 27(1) of the Act
The full judgement against Mills & Watson Plumbing and Mr Mills can be read on the NSW Caselaw website.
Mills & Watson Plumbing Pty Ltd and Mr Mills have the right to appeal against their sentences.
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.
Quotes attributable to SafeWork Commissioner Janet Schorer:
"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."
Back to top
