A construction company has been fined after a man drowned when he fell into an exposed excavation at night on a site described as a ‘death trap’ in Hertfordshire.
Mykhalio Hustei, 35, had been working for Alchemist DB Ltd as a labourer on a project building several flats on the High Street in Bovington.
He had been living in a property adjoining the site when he tried to make his way home from a night out on 22 October 2021.
But as he tried to access his home he fell into one of the exposed excavation holes that was filled with rainwater.
His body wasn’t found until around 2pm the following day.
Site crisscrossed with dangerous excavations
An investigation by the Health and Safety Executive (HSE) found that Alchemist DB had been acting as a contractor to build the flats as part of a family-run property development business.
New foundation excavations had been dug for the building footings, but they crisscrossed the site without any designated safe walkways.
At best, large boards and planks were used as bridges over excavations. They were unsecured, slippery and bowed under human weight.
The site was open to the weather, making it highly likely it would be slippery after rain.
There was also no dedicated lighting at the site.
Tidying up after the fatality
The company only made the site safe after HSE inspectors visited the site following Mr Hustei’s death and took enforcement action.
This included them installing dedicated walkways bridging over exposed excavations using scaffolding framework to prevent falls.
HSE guidance clearly states that no work should take place until all excavations are made safe. This includes protecting the edges of excavations with substantial barriers where people are liable to fall into them.
Alchemist DB Ltd of Devonshire House, Manor Way, Borehamwood, Hertfordshire, was sentenced in absence for breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015.
It was fined £20,000 and ordered to pay £5,000 costs at a hearing in Luton Magistrates Court on 29 May 2026.
The company went into liquidation after the death.
‘Quite literally a death trap’
“As always, our thoughts remain with the family of Mr Hustei, a young man who was just setting out on his career in construction,” said HSE inspector Rauf Ahmed.
“He had been simply returning to his flat after socialising with friends. However, the site was quite literally a deathtrap.
“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.
“We will always take action against those who fail to protect people from risk.”
This HSE prosecution was brought by enforcement lawyer Edward Parton and paralegal officer Rebecca Forman.
