Construction and civil engineering company LR&M fined after worker’s leg crushed when a trench collapsed

A construction company has learned its fate after a worker was trapped and his leg crushed when a trench collapsed at an Adelaide Hills building site.

A 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.

LR&M was sentenced in the South Australian Employment Tribunal earlier this month, following the horror incident in Totness in July 2022.
During sentencing, the court heard the 62-year-old 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.

As the worker stood up to ask a question, the wall suddenly and silently collapsed on him from behind.

The worker was trapped by rocks and soil from the waist down for about 15 minutes, while crew members worked to free him.

Construction and civil engineering company LR & M were fined after a worker’s leg was crushed when a trench collapsed. Photo: File

He 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.

Muscle had to be grafted from a thigh to cover the top of his foot and rods and screws were inserted into his leg, ankle and foot.

The court heard there had been significant financial impacts for the worker, who has been unable to work since the accident.

“His mobility is badly impacted with very limited weight bearing ability,” Deputy President Stephen Lieschke said.

“He experiences significant daily pain. He feels completely exhausted.”

A SafeWork SA investigation found LR&M Construction Pty Ltd failed to provide a safe system of work and also failed to comply with the Work Health Safety Act 2012 and the Excavation Work Code of Practice.

SafeWork SA said the serious injuries 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 14m trench and to have it regularly inspected by a suitably competent person to ensure it was behaving as expected.

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.

Magistrate Lieschke recorded a conviction and imposed a $75,000 fine, based on the company’s remorse, early guilty plea, and reparations paid to the worker’s family.
“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,” he said.

Originally published as Construction and civil engineering company LR&M fined after worker’s leg crushed when a trench collapsed