A LABOURER was buried alive after a trench collapsed and covered him in soil as two businesses are blasted over his “preventable” death.
Gheorghita Arsene, 33, was fatally crushed while working on a construction site in Banstead, Surrey.
The firms were fined £1million over Mr Arsene’s “horrifying” death in June 2020 and one employee has admitted to failing to discharge his duties.
Mr Arsene had told his mother he thought the 10ft ditch was too deep on the day of his death, the court heard.
The Romanian national was clearing soil when one or more of the trench walls suddenly collapsed.
A colleague ran for help and tried to clear the soil from Mr Arsene’s face and body.
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When fire and ambulance crews arrived at the scene they struggled to dig out his body due to the weight of the earth.
Inspectors later found the trench was lacking supports and the excavated soil had been dumped too close to the ditch.
Appledorn Developments and T Vaughan Limited (TVL) were fined £500,000 and £650,000 plus £40,000 costs, respectively, following a three-month trial at the Old Bailey.
Judge Judy Khan KC said the now-defunct Appledorn were “motivated by the desire to get things done quickly and cheaply” and had failed to ensure a safe system of work.
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Meanwhile, TVL had not “sufficiently adhered to or implemented” systems in place.
Contracts manager Anthony O’Connor was sentenced to 10 months in custody suspended for 18 months, alongside 150 hours’ unpaid work.
The jurors failed to reach a verdict on whether he was guilty of manslaughter.
A Health and Safety Executive spokesperson said: “Gheorghita Arsene’s death was as horrifying as it was preventable.”
They continued: “Basic precautions were not in place to protect workers from the well-known risks that come with excavation work.
“This case is a stark reminder that when basic safety standards are ignored, the consequences can be fatal.
“Companies and individuals alike have legal duties to protect workers.”
Mr Arsene’s mother Ienuta said her son was a “good man” who was trying to support his family.
He had told her of his concerns about the ditch over the phone on the day of the accident, her statement read.
She added: “I have a depression that is eating me away and a constant feeling of loneliness.
“Everyone in the family was devastated by Gheorghita’s death.”
Mitigating for O’Connor, Mark Balysz KC said he was sorry for his role in Mr Arsene’s death and “clearly regrets the catastrophic mistake he made”.
Prashant Popat KC, who was representing TVL, said the company did everything “as safely as possible”.
The business had spent £3m on health and safety he added.
Site manager Peter Wraith, 54, was acquitted of manslaughter.
Assistant site manager Gregory Peake, 51, was found not guilty of failing to discharge his health and safety duty.
Senior Investigating Officer, Detective Inspector Debbie Birch, said: “Gheorgita Arsene’s death could have been avoided if the appropriate health and safety measures had been followed.
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“It can be easy to cut corners to save time and money but this tragic death highlights just how important health and safety legislation is on all building sites.
“Sadly, this resulted in the death of a 33-year-old man who was simply trying to do his job, and our thoughts remain with his family and friends at this difficult time.”