Firm fined over worker death fall

The construction company was fined for health and safety breaches

A construction company has been fined £125,000 for health and safety breaches after the death of a Polish worker.

Witold Jellen, 56, died in July 2007 after falling 25ft during work to convert the former ABC cinema in Falkirk into a sports bar.

His workmate, site manager David Cairney, also fell and suffered cuts and bruises.

Curot Contracts Limited were ordered to pay the fine after a hearing at Falkirk Sheriff Court.

The court was told that both men had been working with powerful drills on a balcony preparing for new steel work to be installed.

The former cinema, in the town centre, had been purchased by leisure chain Castle Leisure Group, and was being renovated as part of a £6m project to build a new nightclub and sports bar.

No penalty that I can impose is capable of remedying the impact on Mr Jellen's family Sheriff William Gallagher

Scaffolding, which had been used by sub-contractors who had previously worked at the site, had been removed along with "crash decks" which would have prevented injury in the event of a fall.

Prosecutor Neil Bowie told the court: "It was identified that a further hole needed to be cut for steelwork to pass through, and Mr Cairney decided to carry out that work along with Mr Jellen rather than getting the contractors to come back.

"This was in an attempt to help other workers at the site.

"Both men fell 8m - causing fatal injuries to Mr Jellen, and cuts and bruises to Mr Cairney.

"Mr Jellen suffered severe head injuries and several fractures to his skull, and a post-mortem revealed he was killed by blunt force trauma to his head."

'Significant factor'

Bishopbriggs-based firm Curot Contracts Limited, pled guilty to failing to ensure the health, safety and welfare at work of their employees, and failing to maintain a safe system of working, as a result of which Mr Jellen was killed.

Defence advocate Gavin Anderson said the company had paid for Mr Jellen's family to come to Scotland and taken care of funeral costs.

He said: "There was no commercial or financial advantage in the two men carrying out the work rather than getting the contractors back in with their equipment, including crash decks.

"Mr Cairney should have consulted with structural engineers to check what he proposed to do was suitable.

"Ideally, the works should have been carried out by the contractors.

"Regardless of who should have done it, a crash deck should have been erected for these works."

Fining the company, Sheriff William Gallagher said Mr Jellen's death was an "extraordinary case".

He added: "No penalty that I can impose is capable of remedying the impact on Mr Jellen's family.

"The lack of crash decks was not a minor or insignificant factor - it is clearly very significant and one they should have been aware of."