
Two firms have received fines exceeding £1 million after a worker was buried alive in a trench collapse.
Gheorghita Arsene, 33, known as Geo, died when a deep ditch collapsed on top of him and left him covered in soil on a Banstead site in Surrey on 24 June 2020.
Following a three-month Old Bailey trial, main contractor Appledorn Developments Limited and T Vaughan Limited (TVL) were convicted under the Health and Safety at Work Act 1974.
Contracts manager Anthony O’Connor, 42, of Romford, Essex, admitted the same health and safety charge of failing to discharge his duties.
On Monday, Judge Judy Khan KC fined the now-liquidated Appledorn £500,000, citing "cost-cutting at the expense of safety".
TVL was fined £650,000 with £40,000 in costs, as the judge noted their safety systems existed but were improperly executed.
The judge gave TVL six years to pay the penalty.
O’Connor received a 10-month sentence suspended for 18 months plus 150 hours of unpaid work, having had "actual foresight" of potential harm.
Judge Khan stated: "On the 24 June 2020 Gheorghita Arsene was fatally crushed as he worked on an unsupported deep trench on a construction site.
"The loss of his life was a terrible tragedy, particularly as it was totally avoidable."
Mr Arsene’s mother, Ienuta Arsene, observed the sentencing via videolink from Romania. In a statement, she spoke of her son as a "good man" who worked to support his family. He called her on the day he died, saying he was in a deep trench and feared a collapse.
Though concerned, she heard him promise that "nothing would happen" and the task would "soon be over".
Regarding his loss, she said: "Nothing is the same any more. 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."
She recalled their close bond, having previously donated a kidney to him following his renal failure.
An HSE spokesperson stated: "Gheorghita Arsene’s death was as horrifying as it was preventable."
The court heard the incident happened at a Park Road site where a care home was being rebuilt. The victim was replacing a damaged pipe inside a 10ft excavation created by a three-tonne digger.
He was clearing dirt with a shovel and pickaxe when the trench walls suddenly gave way. A digger driver shouted a warning, but Mr Arsene took only two steps before being covered.
His colleague ran for help as workers attempted to uncover his face and body. Emergency services attended, but paramedics struggled to revive him due to the heavy dirt encasing him.
Trapped in the trench, chest compressions were impossible, and he was pronounced dead at 2.44pm, an hour post-collapse. Inspectors discovered no trench supports were installed and excavated earth was piled right beside the edge.
In mitigation for O’Connor, Mark Balysz KC said his client deeply regretted the tragic death and his role.
"He clearly regrets the catastrophic mistake he made in allowing the work to continue in relation to the excavation," Mr Balysz said.
O’Connor was TVL’s most senior manager present at the site that day.
Mitigating for TVL, Prashant Popat KC said: "This incident has been taken most seriously by TVL.
"In the days after the incident TVL and everyone in the company from the top down were deeply troubled and affected by Mr Arsene’s death."
The barrister said the firm, founded by Thomas Vaughan in 2010, maintained a "small close-knit family-run company" ethos and spent nearly £3 million on safety.
He stated TVL’s failings were less severe than Appledorn’s and represented an isolated occurrence.
Appledorn, unrepresented in court, entered liquidation in 2023 despite registering £2.5 million in assets a year earlier.
In its statement, the HSE noted Mr Arsene died because "basic precautions were not in place to protect workers from the well-known risks that come with excavation work".
The HSE stated: "Anthony O’Connor had observed workers in the trench without adequate protection and was aware of the measures required to prevent a collapse.
"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 and where they fail to do so, and we will not hesitate to take enforcement action.
"Our thoughts today are with Mr Arsene’s loved ones, as they mourn their loss."