By James Whitaker · Published 19 June 2026 · 3 min read

Developer fined £20,000 after labourer drowns in unprotected site excavation

Alchemist DB Limited was fined £20,000 on 29 May 2026 following the death of a 35-year-old labourer who drowned in an exposed, water-filled excavation. Mykhalio Hustei fell into the unprotected trench at a residential building site in Bovingdon, Hertfordshire. The case exposes severe safety management failures on family-run developer sites and the harsh legal consequences of leaving deep excavations unguarded.

Background

On 22 October 2021, Hustei was returning to his accommodation, which adjoined the High Street construction site, after a night out. He fell into a foundation trench that had filled with rainwater. His body was not discovered until 2pm the following day. An investigation by the Health and Safety Executive (HSE) found the site was crisscrossed with foundation trenches lacking any designated safe walkways. Planks used as makeshift bridges were slippery, bowed under weight, and lacked handrails. The site had no dedicated lighting. Alchemist DB Limited, based in Borehamwood, pleaded guilty to breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015 at Luton Magistrates' Court. They were sentenced in absence and ordered to pay £5,000 in costs.

Industry implications

The tragedy underscores the legal duty to protect both workers and the public from open excavations. Site boundaries and safe access routes must be maintained at all times, particularly when workers live adjacent to or directly on the site. The HSE found that the company only made the site safe after inspectors visited following the fatality. This reactive approach is highly penalised under current sentencing guidelines. The sheer lack of basic health and safety provision resulted in a wholly preventable loss of life.

What contractors should do now

Principal contractors must physically barrier off all open excavations or cover them securely at the end of each working day. Where pedestrian access routes cross trenches, contractors must install properly engineered bridges equipped with secure handrails and non-slip surfaces. Sites must have adequate lighting, especially during winter months or when workers have out-of-hours access to adjacent lodgings. A daily site securement checklist should be mandatory for site managers before locking the gates.

Analysis

This prosecution, brought by HSE enforcement lawyer Edward Parton, shows the regulator's commitment to holding small and medium-sized developers accountable. "We will always take action against those who fail to protect people from risk," the HSE stated in their post-trial briefing. The £20,000 fine was calculated based on the financial constraints of the specific company at fault. The fact that the company was sentenced in absentia suggests significant corporate dysfunction and a complete disregard for the judicial process.

What happens next

Family-run development firms remain a high-risk category for the HSE due to informal management structures. The regulator is likely to target similar small-scale residential developments for unannounced spot checks over the summer. Firms running sites with on-site accommodation must urgently review their access control measures to prevent off-duty accidents and secure their perimeters.

Sources

• HSE Prosecutions — Health and Safety Executive