• 20-tonne tipper truck fell off edge of excavation ramp
• The driver of the truck suffered multiple injuries
• The joint HS2 venture set up by Skanska Construction UK Limited, Costain Limited and Strabag AG

A joint venture working on the HS2 rail project has been fined after the driver of a 20-tonne tipper truck was injured when his vehicle fell off the edge of an excavation ramp.

The incident happened on 27 July 2021, at a site in Copthall North near Uxbridge, West London. The site was being run by SCS Railways, a venture set up by three major construction companies – Skanska Construction UK Limited, Costain Limited and Strabag AG.

The tipper truck fell approximately two metres and landed on the driver’s side. The man behind the wheel suffered a broken nose, cut hand, and a shoulder injury.

Inspectors from the Health and Safety Executive (HSE) visited the site after the incident and found that there were no signs on the haulage routes being used. They also identified that there was no edge protection in place to prevent vehicles going over the edge of the ramp, and that excavations adjacent to some of the vehicle routes had unsupported, vertical faces which were at risk of collapse.

The incident occurred in an area where SCS Railways was building a ‘cut and cover tunnel’. These are shallow tunnels built on the surface before being buried, with trees, plants, and shrubs planted on top. Material from the excavation was to be reused, removing the need for it to be taken off site.

SCS Railways had contracted another company – ACE Grab Hire and Haulage Limited (ACE) – to transport excavation material via 20-tonne tipper trucks to an area under the control of another joint venture working on HS2, Align JV.  ACE drivers had been operating at the site for about two weeks by the time the incident occurred.

The subsequent HSE investigation found that on the morning of the incident, the SCS earthworks team changed their working area after an Align JV representative found the original material could not be used. This meant moving the excavator’s loading position and creating a new traffic route – but the change inadvertently left an unprotected edge on the bank above.

When the first ACE tipper truck driver used the higher-level bank instead of the intended new route, his vehicle slipped on the ramp. The next ACE driver followed the same path – and his vehicle veered off the edge of the bank.

HSE guidance on the management of vehicle movements on construction sites can be found in the HSE publication HSG 144, The safe use of vehicles on construction sites. This states that physical barriers, such as safety banks, should be provided at the edges of excavations. Guidance on excavations can also be found at Excavations – HSE. Haul roads on construction sites are also classed as temporary works and guidance can be found at Temporary Works – HSE.

SCS Railways, of 1 Hercules Way, Leavesden, Watford, pleaded guilty to contravening section 3(1) of the Health and Safety at Work etc Act 1974. It was fined £400,000 and ordered to pay costs of £8,974 at Uxbridge Magistrates’ Court on 16 June 2026.

HSE Inspector Gordon Carson said:

“SCS had detailed procedures in place for much of the work at the site, including temporary works schemes for excavations.

“However, its failure to properly plan and promptly communicate changes in vehicle routes created unsafe conditions for the drivers of tipper trucks.

“The consequences of this could have been even more serious than they were for the driver involved in this incident.”

The investigation was carried out by HM inspectors Saif Deen and Gordon Carson, and the prosecution brought by HSE lawyer Andrew Siddall and paralegal Benjamin Stobbart.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Guidance on the management of vehicle movements on construction sites can be found in the HSE publication HSG 144, The safe use of vehicles on construction sites. Guidance on excavations can be found at Excavations – HSE
5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.

• Mykhalio Hustei, 35, had been working and living on the site.
• He fell down an exposed excavation hole after returning from a night out.
• Company only made site safe after his tragic death.

A construction company has been fined after a man drowned when he fell into an exposed excavation hole described as a ‘death trap’, at a building site in Hertfordshire.

Mykhalio Hustei had been working for Alchemist DB Limited as a labourer on a project building several flats on the High Street in Bovingdon. 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. 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 Health and Safety Executive (HSE) found that 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 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. Our guidance on excavation is available at hse.gov.uk.

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.

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.

“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.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Relevant guidance on excavation is available at hse.gov.uk
5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.

A fencing contractor in Liverpool has been fined after an employee suffered an electric shock and burns as a result of striking a live underground cable.

Paul Taylor was working for City Fencing Contractors Limited on a construction site at Meade Hill Road, Manchester on 21 May 2024. He had been part of a team installing security fencing to the Meade Hill Shul synagogue.

The 59-year-old was using a breaker to dig into the ground in preparation to install the metal fencing. However, the father-of-three struck a live underground cable causing electric shock, which resulted in him sustaining multiple burn injuries to his stomach, chest and arms.

An investigation by the Health and Safety Executive (HSE) found that City Fencing Contractors Limited had failed to implement suitable and sufficient controls to prevent risk from underground services.

HSE guidance states that construction work which is liable to create a risk to health or safety from an underground service, or from damage to or disturbance of it, must not be carried out unless suitable and sufficient steps have been taken to prevent the risk, so far as is reasonably practicable.

A safe system of work has three basic elements – planning the work; detecting, identifying and marking underground services; safe excavation/safe digging practices.

Careful planning and risk assessments are essential before the work starts. Risk assessments should consider how the work is to be carried out, ensuring local circumstances are taken into account.

Plans or other suitable information about all buried services in the area should be obtained and reviewed before any excavation work starts. Plans give only an indication of the location, and number of underground services at a particular site. It is essential that a competent person traces cables using suitable locating devices.

Before work begins, underground cables must be located, identified and clearly marked. Excavation work should be carried out carefully and follow recognised safe digging practices.

Further guidance can be found here: Excavation and underground services – HSE.

City Fencing Contractors Limited, of 1 Brookfield Dr, Liverpool, pleaded guilty to breaching Regulation 25(4) of the Construction (Design and Management) Regulations 2015. The Company was fined £10,000 and ordered to pay £5,487 costs at Warrington Magistrates Court on 26 May 2026.

HSE inspector John Padfield said:

“Underground services are widespread and represent a significant risk.

“It is important measures are taken to identify them before any excavation work is undertaken.

“On this occasion, an electrical cable was struck and an operative suffered severe burns.

“However, it could have been much worse and potentially fatal. Had the company implemented an effective safe system of work following HSE guidance, this incident would not have occurred.”

This HSE prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and paralegal officer Lynne Thomas.

Notes to Editors

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Relevant guidance can be found here: Excavation and underground services – HSE.
5. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.