The defendant failed to:

1. develop, implement and maintain a safe system of work for the trench excavation work;
2. provide and maintained a work environment that was safe, in accordance with industry standards, and
3. provide all information, training, instruction and supervision necessary to protect workers from the risk of a trench collapse.

The defendant also failed to lodge notice that it intended to commence notifiable work, or any work that would at any time include any notifiable work, namely work in a trench in which any person is required to work in a space more than 1.5 metres deep and having a depth greater that the horizontal width at the top.