SAFEWORK NSW v BELLABRAE HOMES: $225K FINE FOR TRENCH COLLAPSE

SAFEWORK NSW v BELLABRAE HOMES: $225K FINE FOR TRENCH COLLAPSE

A 19-year-old plumbing apprentice was engulfed by soil and sustained multiple pelvic fractures after a 2-metre unsupported earthen wall collapsed at a North Kellyville residential construction site in June 2022. Safework NSW brought charges.

NSW District Court Judge Wendy Strathdee found that principal contractor Bellabrae Homes Pty Ltd failed to identify hazards and control measures related to excavating the site, and critically, failed to obtain advice from a competent person on whether the earthen wall could support itself.

The apprentice had to be dug out from the soil by other workers. Mills & Watson Plumbing Pty Ltd and its director Christopher Mills were also charged over the incident and will be sentenced in August 2025.

The Court’s Findings:

Judge Strathdee found that “Bellabrae had little regard to the risks that may confront the employees of the plumbing subcontractor.” The company did not conduct a risk assessment, did not identify hazards and control measures, and did not consult with or obtain advice from a competent person regarding whether the earthen wall needed additional support measures such as battering, shoring or piling.

While Bellabrae commissioned an engineering report for stormwater and structural designs, it did not request documentation or advice on support for excavations and the earthen wall. Despite site visits by both Bellabrae and Mills & Watson directors where risks were discussed, no conversations occurred about necessary controls.

Bellabrae’s “critical failures that ultimately led to the crystallisation of the risk and the apprentice’s tragic injuries were its failures to take advice,” the Judge said.

The Penalty:

Bellabrae was fined $225,000 after a 25% discount for its early guilty plea to a Category 2 breach of section 19(1) of the NSW Work Health and Safety Act 2011. The Court also imposed an adverse publicity order requiring publication in Master Builder Magazine.

Judge Strathdee emphasised that “the need to obtain specialised advice to overcome the risk of an earthen wall collapse needs to be continually brought to the mind of those conducting the work” given the “serious risk posed to workers needing to perform work near unrestrained earthen structures.”

Industry Statistics:
Excavation work remains notoriously dangerous. SafeWork NSW data shows that each year the regulator responds to incidents where workers have been injured or killed when excavating on construction sites. Between October 2022 and April 2023 alone, SafeWork NSW conducted targeted safety inspections focusing on high-risk excavation activities.
One cubic metre of packed soil weighs approximately 1.7 tonnes. When an excavation collapses, workers face risks of asphyxiation, crush injuries, fractures and death. Any excavation 1.5 metres or deeper is classified as high-risk construction work requiring a Safe Work Method Statement.

Critical Compliance Requirements:
This prosecution reinforces that PCBUs must obtain specialised geotechnical and structural engineering advice before excavation work commences. Shoring designed in accordance with expert advice is a reasonably practicable control measure that Bellabrae should have implemented.

Every principal contractor managing excavation work must conduct risk assessments, identify hazards and controls, consult with competent persons regarding ground stability and support requirements, and ensure subcontractors and workers are protected from collapse risks.
Don’t Let This Happen on Your Site

HSE Direct provides comprehensive excavation safety services including risk assessments, SWMS development, geotechnical coordination, contractor management systems and WHS audits.

HSE Direct
www.hsedirect.com.au
1300 073 347
info@hsedirect.com.au

SafeWorkNSW

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