Mykhalio Hustei was 35 when he fell and drowned in an exposed excavation hole
A fine has been issued to Alchemist DB Limited following a construction worker death in 2021.
The state of the site was extremely unsafe, with aspects being called a ‘death trap.’
The company made the site safe only after Mykhalio died
Based in Hertfordshire, the project was to build several flats in Bovington. Mykhalio was living on-site in an adjoining property, and was making his way home following a night out on 22 October 2021.
Tragically, while trying to access his home, he fell into an exposed excavation hole which was full of rainwater at the time.
He was not found until 2 pm the following day, at which point it was far too late.
The excavation holes were dug for the building footings, but the holes had been left open across the whole construction site without any designated safe walkways, with just wooden boards crossing the gaps.
The following HSE investigation found that the company had failed to take appropriate precautions to make the site safe. The wooden boards and planks that were in use were slippery, especially when wet, and bowed when walked across.
Furthermore, the site was entirely open to the weather, increasing the danger caused by rain, and there was no dedicated lighting system.
Only once HSE inspectors had visited after Mykhalio’s tragic death did Alchemist DB Limited improve the site’s safety with dedicated walkways bridging the gaps and scaffolding put in place as guard rails and to prevent falls.
The company was fined in May
After appearing in Luton Magistrates Court, the company was fined £20,000, along with £5,000 costs, for breaching Regulation 22(2) of the Construction (Desing and Management) Regulations 2015.
The company has since fallen into liquidation.
HSE inspector Rauf Ahmed said: “As always, our thoughts remain with the family of Mr Hustei, a young man who was just setting out on his career in construction.
“He had been simply returning to his flat after socialising with friends.
“However, the site was quite literally a death trap.
“The measures put in place by the company after his tragic death are a crude reminder about what could and should have been done in the first place.”
HSE guidance on working safely with excavations and preventing danger can be found here.
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