When an employer’s duty of care extends beyond working hours
What happened?
A 35 year-old man had been working as a labourer on a project building several flats on a high street for Alchemist DB Limited in Bovingdon, Hertfordshire in October 2021. He had been living in a property adjoining the site when he attempted to make his way home from a night out. However, 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.
An investigation by the HSE found that 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 the man’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.
Legal Outcome
Alchemist DB Limited were sentenced in absence for breaching Regulation 22(2) of the Construction (Design and Management) Regulations 2015 in May 2026. The company was fined £20,000 and ordered to pay £5,000 costs. Since the incident, the company is now in liquidation.
What can we learn from what happened?
The necessity to make all excavations safe is fundamental, and sadly the failure to do so has been the cause of many serious accidents and fatalities. Also sadly, the risk being heightened because of someone taking a short cut returning from a night out is not isolated, and illustrates that an employer’s duty of care extends beyond working hours.
Source of Information
HSE Press Release