Mykhalio Hustei had been working for Alchemist DB Limited as a labourer on a project building several flats on the High Street in Bovington. The 35-year-old had been living in a property adjoining the site when he attempted to make his way home from a night out on 22 October 2021.
As he tried to access his own 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.
A HSE investigation found Alchemist DB Limited had been acting as a contractor to build the flats as part of a family-run property development business. New excavation foundations had been dug for the building footings. However, they were crisscrossing the construction site without any designated safe walkways.The investigation also found the company had failed to take appropriate precautions to ensure the safety of those moving around and working at the site. At best, large boards and planks were used as bridges over excavations. The boards and planks were slippery and bowed when walked across. The site was also open to the weather, making it highly likely it would be slippery after rain, increasing the risk to those at site. There was also no dedicated lighting to the site and the boards and planks didn’t have handrails and weren’t secured.
The company only made the site safe after HSE inspectors visited the site following Hustei’s death and took enforcement action. This included installing dedicated walkways bridging over exposed excavations using scaffolding framework to prevent falls.
HSE guidance, available online, 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 Limited of Devonshire House, Manor Way, Borehamwood, Hertfordshire, were sentenced in absence for breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015. The company was fined £20,000 and ordered to pay £5,000 costs at a hearing in Luton Magistrates Court on 29 May 2026. Since the incident, the company is now in liquidation.
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