We are covered by the Health & Safety at Work Act, responsibility of employer not to put employee at risk, no such things as accidents, if there is any way it could have been avoided then it should have been, cost is way down the list of considerations and words like reasonably precautions spring up all the time.
As mentioned previously, now very uncommon to get into pits because of the known risk of collapse so when the Guy dies in a trial pit and web shows owner/employer in trial pit doing same thing it all becomes very damning. This is the first case of it leading to a prosecution case, and I am sure this is because of the liklihood of a conviction [dare I say it, as an example case?]. We do know some of the ex-emloyees of this Company, and it would appear that their Engineers were often required to enter pits to log samples, which is at odds with how most other Companies have done this for many years. As mentioned above, there are ways of avoiding the need to enter test pits, so it should have been avoided. The area where the incident [note not accident] happened is widely know for slope stability problems, well documented and noted on the geological maps, the trial pitting was also being undertaken in heavy rainfall which added to the instability, took the resuce people over a day to get him out apparently. Given the known ground conditions and likley prevailing weather [in the UK it always seems to rain], he should not have been required to enter the pit, however with the damning evidence which is now commonly know about, the Employer is found to be at sufficient fault to bring the case against him.