By James Whitaker · Published 10 June 2026 · 3 min read

Contractor Fined £20,000 After Labourer Drowns in 'Death Trap' Flooded Excavation

A Hertfordshire construction firm has been fined £20,000 after a 35-year-old labourer drowned in a flooded trench. Mykhalio Hustei died on 22 October 2021 after falling into an exposed, water-filled foundation hole while returning to his accommodation, which directly adjoined the building site in Bovingdon. Alchemist DB Limited, the principal contractor for the flat development, pleaded guilty to breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015. The firm was sentenced in absentia at Luton Magistrates Court on 29 May 2026, having since entered liquidation. The court also ordered the company to pay £5,000 in costs.

Background

The Health and Safety Executive found profound safety failings across the Bovingdon site during their post-incident investigation. Deep excavation foundations for the new flats crisscrossed the development area without any designated safe walkways or physical barriers to protect workers and visitors. Site workers and residents were expected to cross the hazards using unsecured, bowing wooden boards. There was no dedicated site lighting, and no handrails were installed to prevent falls into the trenches, which had filled rapidly with rainwater.

Mr Hustei, who had been on a night out with friends, attempted to cross the site in the dark to reach his flat. His body was not discovered until 2pm the following day. HSE inspector Rauf Ahmed described the site as "quite literally a death trap", confirming that basic control measures, such as scaffolded walkways and secure barriers, were only implemented after the fatal incident occurred.

Industry implications

This prosecution establishes a clear legal reminder regarding site perimeter control and after-hours hazards. The Health and Safety at Work Act 1974 does not include an exemption for non-working hours. Principal contractors hold absolute statutory responsibility for ensuring that hazards, such as open voids and excavations, are strictly secure at all times. Furthermore, the fact that Alchemist DB Limited is now in liquidation did not deter the regulator from pursuing a criminal conviction. Directors and site managers should note that closing down a business will not automatically halt an HSE investigation into a site fatality.

What contractors should do now

Site managers must immediately review their edge protection and excavation barriers. Any open void where a person could fall must be secured with substantial fencing or fixed covers that cannot be easily bypassed. Unsecured planks or boards used as makeshift bridges are illegal and highly dangerous. Contractors must also audit their site access protocols, ensuring that members of the public and out-of-hours workers cannot physically access high-risk areas. If workers live on or adjacent to the site, safe, illuminated, and segregated access routes must be installed, maintained and regularly inspected.

Analysis

The regulatory enforcement shown in this case highlights an uncompromising approach to basic physical hazards on smaller construction sites. The HSE is clearly willing to expend resources prosecuting liquidated entities to ensure a public record of criminal negligence is established. The failure to secure excavations is a fundamental breach of CDM 2015. This tragic fatality demonstrates the severe human consequences of operating a site without basic hazard segregation. Small developers attempting to manage groundworks without proper temporary works designs are putting themselves at severe legal and financial risk.

What happens next

Enforcement teams will continue to target smaller residential developments where basic welfare and boundary controls are often poorly managed. Principal contractors can expect unannounced inspections focusing heavily on groundworks, trench safety and out-of-hours site security throughout the summer months. Companies failing to provide adequate edge protection around excavations are highly likely to face immediate Prohibition Notices and subsequent prosecution.

Sources

• HSE Media Centre — Health and Safety Executive