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Coroner VIC Construction and maintenance

Victorian Coroner Rules Trench Collapse Deaths Were Preventable Due to Unsafe Work Practices

Published
Regulator in VIC

WorkSafe Victoria

Status

A coroner is examining the death.

Investigated by

Coroner

Record summary

Date
Wednesday 21 March 2018
Location
Winterfield Estate, Winter Valley, VIC
Employer or operator
Pipecon
Type
Trench collapse
Deaths
2Jack Brownlee, 21, and Charlie Howkins, 34
Injured
None reported

What happened

Incident Overview

A Victorian coroner has determined that the tragic deaths of Jack Brownlee, 21, and Charlie Howkins, 34, following a trench collapse at a Ballarat construction site in 2018 were entirely preventable. The ruling underscores significant failures in workplace safety practices by their employer, civil construction company Pipecon. Despite earlier criminal proceedings resulting in fines exceeding half a million dollars, this coronial inquiry provides further clarity on the circumstances surrounding the incident.

On March 21, 2018, Mr. Brownlee and Mr. Howkins were working near a trench at the Winterfield Estate in Winter Valley when it collapsed. Neither man was inside the trench at the time but were instead positioned “on the edge,” according to Coroner Leveasque Peterson’s findings. Mr. Howkins was found unresponsive, while Mr. Brownlee was discovered partially buried in soil. He succumbed to his crush injuries the following day in hospital.

The pair were employed by Pipecon, a civil construction company responsible for the project. Following the tragedy, loved ones of the deceased called for a coronial inquest, which focused heavily on the rescue response and broader safety culture within the organization.

Coroner’s Findings
In her conclusions, released today, Coroner Peterson stated there was no evidence to suggest that emergency services’ use of an excavator during the recovery process caused or contributed to the men’s deaths. She emphasized that both fatalities resulted directly from the trench collapse itself.

Key points from the coroner’s findings include:

  • The deaths were caused by Pipecon’s unsafe work practices.
  • The tragedy was preventable if proper safety measures had been implemented, as outlined in previous criminal proceedings.
  • There is no evidence to indicate an alternative rescue approach would have improved outcomes.

Ms. Peterson described Mr. Howkins as “a very competent worker, always very safety conscious,” reinforcing the notion that even experienced employees cannot compensate for inadequate workplace safeguards.

Family Reactions
For the families of the victims, today marks another difficult milestone in their quest for justice. Lana Cormie, wife of Charlie Howkins and mother to their children, expressed relief that the truth about her husband’s position at the time of the collapse has finally been acknowledged publicly.

“This finding confirms that Pipecon failed to ensure a safe workplace, and that Charlie’s death was preventable,” Ms. Cormie said. She also noted the coroner’s recognition of her late husband’s commitment to safety, describing him as someone who prioritized caution in his work.

David Eddey, an expert medical witness, provided testimony confirming that the pressures applied to Mr. Brownlee during the collapse were sufficient to cause the fatal crush injury he sustained. This reinforces the hazardous nature of trenching work and highlights the critical importance of adhering to safety regulations.

Broader Implications
This case serves as a stark reminder of the dangers inherent in trenching operations and the necessity for employers to uphold their legal obligations to protect worker health and safety. In 2023, Pipecon faced criminal charges, with a company director pleading guilty to workplace safety breaches. The company was subsequently fined over $500,000.

Despite these penalties, Coroner Peterson concluded that no additional recommendations are necessary to prevent similar incidents, as existing laws and guidelines already provide adequate frameworks for ensuring workplace safety. However, the case underscores the need for stricter enforcement and adherence to established protocols.

Investigation stages

  1. Done

    Incident

  2. Done

    WorkSafe Victoria and police inquiries

    Findings passed to the coroner

  3. Current stage

    Coroner examining the death

    Status: coroner

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