2 min read

Court shows lenience in sentencing small civil works company

Case

SafeWork NSW v E.J. & D. Hammond Pty Ltd (2026); SafeWork NSW v E.J. & D. Hammond Pty Ltd (No 2) (2026)

In 2023, when civil works company E.J. & D. Hammond Pty Ltd was conducting trench works, a portion of a trench collapsed on top of a worker who was laying sewerage pipes. The worker suffered crush injuries as a result.

E.J. & D. Hammond Pty Ltd Director Mr Hammond was involved in the civil works with the injured worker at the time of the incident, and he:

  • was aware that shoring boxes were necessary to make the trenches safe to work in, but knew that they had not yet been inserted in the trench that later collapsed;
  • knew that, according to the safe work method statement (SWMS) that applied to the task, workers should not enter the trench until a geotechnical engineer had advised that it was safe; and
  • had seen workers, including the injured worker, jumping in and out of the trench to take various measurements earlier on the day of the incident.
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