The Delacombe Trench Disaster. 21 st March 2018 - The day 2 men fell into a trench and became the catalyst for Manslaughter Laws in Victoria. On an ordinary morning in March 2018, two Victorian workers— Charlie Howkins, 34, and Jack Brownlee, 21 —left their homes expecting a routine day on a construction site on the outskirts of Ballarat. By afternoon, both men had lost their lives in a preventable catastrophic event which shook the Ballarat community and sparked a long, painful fight for justice. Years later, the Delacombe trench collapse remains a defining case in Victoria’s workplace safety landscape. What Happened in Delacombe? The two men were working on the construction of sewer pipelines on a residential development ‘Winterfield Estate’ where Pipecon Pty Ltd had been engaged by Goldfields Winterfields Pty Ltd. The trenches being constructed on the day of the incident were approximately 4m in depth. The men were standing on the ground in the vicinity the trench and when the trench collapsed, they fell in. The collapse was sudden and devastating. Charlie was killed immediately, while Jack was trapped by the dirt for a prolonged period of time before being found. “At 10am the supervisor and other employees met at the break room for smoko, however the two employees working on manhole 8 did not join them. At approximately 11am two subcontractors arrived at manhole 8 and saw that the stub branch trench had collapsed.” (WorkSafe) Frantic attempts to rescue Jack resulted in him being extricated alive after a protracted process by emergency services. He was flown to Melbourne for treatment, but tragically died the following day. The tragedy left two families shattered—Charlie’s wife, Lana Cormie, suddenly became a single parent to their two young children, while Janine and Dave Brownlee faced the unimaginable loss of a son just beginning his adult life. Prosecution The employer, Pipecon Pty Ltd, was investigated by WorkSafe Victoria and Victoria Police. Investigations revealed breaches under The Occupational Health and Safety Act 2004 and resulted in two charges being laid under Section 21 ‘Duties of employers to employees.’ The charges were as follows: “failing to maintain battering or benching of the excavation and to use trench shields and manhole cages to protect the workers from the risk of engulfment and; failing to provide supervision to ensure its employees did not perform work in the trench without battering, benching, trench shields or manhole cages.” (WorkSafe Vic) The charges carried 9000 penalty points each (which at the time were $161.19 per point), meaning a potential fine of $3million. Pipecon initially pleaded ‘not guilty’ and the case was prepared for trial after lengthy court delays. Eventually, in negotiation with the Department of Public Prosecutions, one charge against the company was dropped and Pipecon pleaded guilty to the second charge. The company was eventually convicted and fined $550,000 for breaching workplace safety laws. Despite the conviction, many felt the legal process left unanswered questions, particularly because there was no trial - “the guilty plea meant there was only a cursory investigation of the OHS elements of the incident”. (SafetyAtWorkBlog) Families and advocates argued that the penalty did not reflect the gravity of the loss or the preventability of the incident. The Coroners Court There were multiple Coroners involved in the handling of the case, with a protracted process taking until 2025. Coroner Jacqui Hawkins ordered further investigations into their deaths, including seeking statements from first responders. This would ultimately uncover the evidence which would reveal Jack’s declaration that “he and Charlie had been standing on the edge of the trench when it gave way.” (Coroners findings) Coroner Leveasque Peterson determined not to hold an inquest into the deaths of Charlie and Jack, despite the families’ requests. The findings were made in 2025 without inquest and found that “Pipecon failed to ensure a safe workplace on 21 March 2018” and as a result Charlie and Jack lost their lives. The deaths were deemed to be “Preventable” but Coroner Peterson failed to make recommendations toward the prevention of similar deaths in the future. (Coroners Court Findings) Despite the long awaited release of the coronial findings, safety experts argued that the “coronial findings have come without the opportunities offered by a formal inquest” claiming that “The available answers seem insufficient.” (SafetyatWorkBlog) The lack of a full inquest meant that the case was never publicly examined in depth. Workplace Manslaughter Laws The Delacombe tragedy became a key driver behind Victoria’s push for workplace manslaughter legislation, introduced on 1 July 2020. The trench disaster and the public footage was shocking and gained the attention of Victoria’s lawmakers who promised to strength the legislation. The introduction of changes were intended “to prevent workplace death, provide a stronger deterrent for duty holders to comply with their occupational health and safety obligations, and to send a strong message that putting people's lives at risk in the workplace will not be tolerated.” And carries a penalty of up to 25 years imprisonment and up to $16.5million in fines.(WorkSafe Victoria) Deceased workers’ families, including the families of Charlie and Jack, played a central role in campaigning for these reforms alongside unions advocating for workers’ rights. Lessons for Industry The construction industry continues to be among the most dangerous industries. In the case of trenching and excavation works, cases such as the Delacombe disaster should serve as a reminder of the importance of the safety requirements for conducting such works. · Trenches can collapse without warning. Proper shoring, benching, or shielding is non-negotiable. · Trenches and excavations present a fall-from-height risk and workers must be protected from this potentially fatal hazard. This includes fall protection and exclusion zones. · Training of all personnel (including managers, supervisors and workers) is key in ensuring a safe workplace. · Competent and present supervision is essential on any worksite, especially those involving high risk work. · Companies must prioritise safety not as a compliance checkbox but as a core operational value. There is a duty to maintain safe systems of work. This means reassessing safety (including SWMS) as conditions change. · Companies must have, and practice, rescue procedures in the case of an incident. Hazards must be identified and risks eliminated, with guidance material readily available at: ISBN-Compliance-code-excavation-2019-12.pdf and ISBN-Compliance-code-prevention-falls-general-construction-2019-12.pdf Sources and further reading: Prosecutions - OHS Reps Still insufficient answers to the Delacombe trench deaths – SafetyAtWorkBlog PIPECON DOUBLE FATALITY – CORONOR’S INQUIRY HIGHLIGHTS EMPLOYER FAILURE - OHS Reps Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria Pipecon charged over Delacombe trench tragedy that killed Jack Brownlee and Charlie Howkins | The Courier | Ballarat, VIC Company charged over trench collapse deaths | WorkSafe Victoria Findings | Coroners Court of Victoria Victoria's new workplace manslaughter offences | WorkSafe Victoria Image credit: Ballarat Courier We pay our respects to those who have lost their lives at work and acknowledge the pain and suffering of those left behind. Everyone has the right to come home from work alive and well at the end of the day.