A South Australian construction and civil engineering company has been fined $75,000 after a worker’s leg was crushed when a trench collapsed at an Adelaide Hills building site.
A SafeWork SA investigation found LR&M Construction Pty Ltd failed to provide a safe system of work and also failed to comply with section 32 of the Work Health Safety Act 2012 and the Excavation Work Code of Practice.
LR&M was sentenced in the South Australian Employment Tribunal on 4 October 2024 following the incident in Totness in July 2022.
SafeWork SA says the serious injuries sustained by the worker could have been easily prevented if the 1.6m deep trench was benched, battered or shored as required by the WHS regulations and Code of Practice.
A technical expert engaged by SafeWork SA found the collapse was caused by a combination of unfavourable factors including significant weakening of the ground from the recent excavation of a service pit by LR&M.
The geotechnical engineering report found hazard control measures that should have been implemented were to structurally support the entire length of the 14-metre trench and to have it regularly inspected by a suitably competent person to ensure it was behaving as expected.
The worker had been engaged to assist with the work through a labour hire company and was using a shovel to level the base of the trench and a laser to measure depth when the trench collapsed.
He was trapped by soil and rocks from the waist down for about 15 minutes.
The worker was hospitalised for eight weeks and underwent multiple surgeries on his severely injured left leg, ankle and foot, including the amputation of his big toe.
There have also been significant financial impacts for the worker, who has been unable to work since the accident.
LR&M last month made a voluntary payment of $20,000 in reparations to the family.
The company has been winding up its business activities since April 2023, is not actively working on any new projects and only has a few remaining employees.
LR&M has not completed any trenching since the incident in July 2022.
Magistrate Lieschke ordered a conviction be recorded against LR&M and imposed a $75,000 fine, based on the company’s contrition through its cooperation, early guilty plea, and reparations paid to the worker’s family.
He said LR&M’s safety system was seriously deficient.
‘The risks associated with trenching and their preventative measures are well known and documented within the industry,’ Magistrate Lieschke said.
LR&M wrongly allowed a long narrow unprotected trench more than 1.5m deep to have a worker in it, contrary to law and contrary to its own SWMS (safe work method statement).
‘LR&M also failed to identify the known hazard of unstable trench walls from previous ground disturbance, including that caused by its own work.
‘The type of harm from a trench collapse was known to be of very serious injury, yet LR&M’s non-compliant system allowed a casual approach by those in charge of the works.’
Attribute to SafeWork SA Executive Director Glenn Farrell:
If LR&M had complied with the WHS regulations or had followed the Excavation Work Code of Practice, then this worker would not have sustained an injury.
WHS compliance importantly includes safe systems for the protection of workers.
Safe systems should be carefully considered in accordance with relevant WHS law and implemented, maintained and actively monitored to ensure their effectiveness.
There is no excuse for a business to expose workers to the risk of trench collapse, given the well-known controls to this significant hazard.
This incident was preventable had the trench been adequately benched, battered or shored and subject to regular inspections.
Source: SafeWork SA
