Page last updated at 16:36 GMT, Monday, 8 June 2009 17:36 UK

Director fined over shaft death

Dundee Sheriff Court
The company and one of the directors pled guilty to breaking safety rules

A construction company and one of its directors have been fined after a Polish worker died in Dundee.

Andrezej Freitag, 53, fell down an exhaust shaft at flats being built on Arbroath Road in May 2008.

Kinross-based Discovery Homes (Scotland) Ltd pled guilty to breaching the Health and Safety at Work Act and was fined £5,000.

Company director Richard Pratt also pled guilty to breaking safety rules and was fined £4,000.

The case was heard at Dundee Sheriff Court.

Roadworks barrier

This is only the second successful prosecution of a company director in Scotland in six years for a breach of health and safety legislation.

An investigation found there had not been a robust barrier on the edge of the shaft which Mr Freitag fell down.

Health and Safety Executive (HSE) inspector Murray Provan said: "This accident was entirely foreseeable and preventable.

"Mr Freitag died because his employer and the site manager failed to do enough about the risks associated with working at height.

"Mr Pratt used the type of barrier normally found at a roadworks site as protection at the top of the shaft, which is totally unsuitable for that purpose.

"He was in charge from the beginning of works and the standard of health and safety management was Mr Pratt's responsibility. The company's culpability is wholly attributable to his neglect."

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