A JUDGE has fined a North West business $40,000 after two of its workers were seriously injured in a workplace trench collapse five years ago.
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Moree-based agribusiness Vitonga Pty Ltd, which is situated on the outskirts of of the town, was convicted in the Downing Centre Local Court in Sydney.
The case was triggered after a WorkSafe investigation into an accident on the property when a trench collapsed while the workers were laying pipes in 2017.
The court heard two workers, including a European backpacker, were injured when the trench gave way.
Police and ambulance paramedics were deployed to the scene and rescue crews had to use an excavator to help free the backpacker.
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The backpacker suffered serious injures to his torso and was rushed to hospital after he was freed from the site, while the injured farmhand needed medical treatment after he suffered a knee injury in the accident.
"In this case, the court heard that two workers were injured while installing an irrigation pipeline at a property belonging to Vitonga Pty Ltd situated near Moree," NSW Fair Trading Commissioner Natasha Mann said.
"The soil walls of the irrigation trench collapsed inwards, trapping and crushing one of the workers, a European backpacker, against the concrete pipe being laid.
"The other injured worker, an experienced farmhand, was trapped by his legs during the cave in but managed to extricate himself before moving to help the backpacker."
Ms Mann, who is also the DCS Better Regulation Division Deputy Secretary, said the company was found guilty last month of failing to ensure as far as reasonably practicable the health and safety of workers.
"The court heard that the trench was not reinforced as required by clause 306(3) of the Work Health and Safety Regulation 2011 and that the NSW WorkCover Excavation Work Code of Practice had not been applied," she said.
The company has 28 days to appeal the conviction and sentence to the district court.
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