Mykhalio Hustei was 35 years old. He worked as a labourer on a construction site in Bovingdon, Hertfordshire, building flats for a family-run property development business. He also lived there — in a property adjoining the site. On the night of 22 October 2021, he went out with friends. On the way back to his flat, he walked across the construction site and fell into one of the open excavation holes. The hole was filled with rainwater. His body was found at around 2pm the following day. He drowned.
On 3 June 2026, HSE published the prosecution outcome. Alchemist DB Limited — sentenced in absence because the company is now in liquidation — was fined £20,000 and ordered to pay £5,000 in costs at Luton Magistrates' Court, following a guilty plea to breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015. The HSE inspector's words in the press release were unambiguous: the site was 'quite literally a death trap.'
What HSE found
The investigation found that Alchemist DB had dug new foundation excavations crisscrossing the site with no designated safe walkways between them. The best they had managed was to place large boards and planks as bridges over the holes. Those boards were unsecured, slippery, bowed when walked on, and had no handrails. There was no dedicated site lighting. The site boundary was open to the public and to residents. Nobody had asked the question: what happens if someone crosses this site in the dark?
The answer, tragically, was that Mykhalio Hustei drowned.
The company only made the site safe after HSE took enforcement action following his death. They installed proper scaffolded walkways and barriers. What followed his death took hours to put right. What preceded it should never have been left unaddressed for a single day.
Why this matters beyond construction
The CDM Regulations 2015 require principal contractors to plan, manage, monitor, and coordinate the construction phase. That includes controlling access, protecting excavations, and ensuring that those on site — including workers who live there, subcontractors, delivery drivers, and anyone else with legitimate access — are not exposed to risks that could easily be controlled.
The wider lesson for any employer, not just those in construction, is this: your legal duty does not pause outside working hours. If a site, warehouse, yard, or premises carries a risk of serious harm, that risk must be managed at all times — not just during the day shift. A site that is dangerous at 11pm is dangerous. The HSWA 1974 does not have an 'after hours' exemption.
The outcome of this case also illustrates something uncomfortable about the way smaller construction businesses are sometimes run. Alchemist DB operated as a contractor in a family-run property development. The site was managed on the cheap, without proper controls, until a man died. The company is now in liquidation. There is no financial consequence that can undo what happened to Mr Hustei or his family.
Three things to do today
- If you manage a construction site or any site where excavations or open voids exist, check your edge protection today. Substantial barriers or secured covers are required wherever a person could fall. Unsecured boards and planks are not adequate — they never were.
- Review your site access controls. Who can access your site outside working hours? Do workers live on or adjacent to it? Are there members of the public who could enter? Your controls need to account for all of these scenarios, not just the morning shift.
- If you are a client or developer commissioning construction work, remember that CDM responsibilities sit with you too. Appointing a principal contractor does not transfer your obligation to ensure they are managing the construction phase safely. Check. Visit. Ask.
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