Excavation unearths serious safety risk

An NSW residential builder was fined $225,000 last week in relation to an earthen wall collapsing onto a worker during excavation works (SafeWork NSW v Bellabrae Homes Pty Ltd [2025]).

Background

Bellabrae Homes Pty Ltd was the principal contractor on a new build in North Kellyville, New South Wales (the site). Throughout the project, it engaged several subcontractors, including Excon Services Excavation (Excon) and Mills & Watson Plumbing Pty Ltd (M&WP), to excavate the site and undertake the internal and external plumbing works required before laying a concrete slab. The excavation performed by Excon formed a face along the eastern boundary of the site, which was more than 1.5 metres high (the earthen wall). This boundary was left unsupported.

In May 2022, M&WP’s director, Mr Mills, attended the site with Bellabrae’s director, Mr Jitla, to discuss the drainage under the concrete slab. Mr Mills informed Mr Jitla that additional excavation may be required next to the earthen wall to accommodate the drainage but this would be determined on the day the work was to be undertaken.

Mr Mills attended the site on one other occasion to perform a general inspection of the area. Bellabrae claimed that the potential risk associated with working next to the earthen wall was discussed with Mr Mills during a site visit and walk through. However, there were no discussions in relation to any controls such as battering, shoring or piling that may have been needed. M&WP had also previously been provided with site plans, but these plans did not include details of the soil condition or any engineering considerations.

M&WP eventually subcontracted JG Plumbing and Excavation Pty Ltd (JG) to complete the further excavation.

The incident

On the date of the incident in June 2022, three workers – two from M&WP and one from JG – attended the site to undertake the additional excavation. None of the workers had been on the site before or received a site-specific induction/toolbox talk. Additionally, none of the workers had been informed about the nature of the soil or if any control measures should be implemented to support the earthen wall.

One of the workers commenced excavating a 300mm trench next to the earthen wall. As he did so, another worker jumped into the trench to clear out the remaining rocks in preparation for laying pipes. However, while in the trench, the earthen wall collapsed on top of him, causing him to fall on his side and become buried underneath the soil. The worker was treated for several bone fractures and was unable to work for about 3 months.

Court decision

In its judgment, the Court noted that Bellabrae had failed to conduct a risk assessment, or identify hazards and control measures in relation to the excavation of the site. It was also observed that despite engaging geotechnical and structural engineers for other aspects of the build, Bellabrae had not sought advice in relation to whether the earthen wall, as excavated, was self-supporting, or needed additional control measures such as battering, shoring and/or piling. In any event, the ground conditions around the wall were not consistent with those referenced in the geotechnical report for the site. This meant that the qualities of the fill material along the eastern boundary were not assessed in relation to slope stability. As such, whether the natural soil had the capacity to resist sliding or collapse was unknown.

In imposing the $225,000 fine, the Court considered the risk of collapse to be reasonably foreseeable and that it was reasonably practicable to shore the wall to prevent this type of risk from occurring.

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