INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANDREZEJ FREITAG [2010] ScotSC 63 (29 March 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANDREZEJ FREITAG [2010] ScotSC 63 (29 March 2010)

The death of Andrezej Freitag was caused by a fall from an unguarded edge at a construction site, resulting from a defective system of work, lack of adequate risk assessment, and failure to implement reasonable safety precautions as required by statutory regulations. The employer failed to ensure the site was safe, and the designated CDM co-ordinator was not competent to fulfil statutory duties.

Citation
[2010] ScotSC 63
Parties
Deceased: Andrezej Freitag; Employer: Discovery Homes (Scotland) Limited; Director/cdm Co Ordinator: Richard Pratt; Director: Linda White
Jurisdiction
Scotland
Judgment Date
29 March 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Formal determination of death due to workplace accident caused by failures in safety systems and precautions.
Legal Topics
Workplace Safety, Employer Liability, Risk Assessment, Work at Height Regulations, Construction (design and Management) Regulations, Fatal Accidents and Sudden Deaths Inquiry
Health and Safety Employment Law Construction Law Workplace Safety Employer Liability Risk Assessment Work at Height Regulations Construction (design and Management) Regulations +1 more

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Parties

Andrezej Freitag

Deceased

Discovery Homes (Scotland) Limited

Employer

Richard Pratt

Director/cdm Co Ordinator

Linda White

Director

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether the death of Andrezej Freitag was caused by a failure in workplace safety systems
  2. 2 Whether reasonable precautions could have prevented the death
  3. 3 Whether there were defects in the system of working that contributed to the death

Ratio Decidendi

The death of Andrezej Freitag was caused by a fall from an unguarded edge at a construction site, resulting from a defective system of work, lack of adequate risk assessment, and failure to implement reasonable safety precautions as required by statutory regulations. The employer failed to ensure the site was safe, and the designated CDM co-ordinator was not competent to fulfil statutory duties.

Court Disposition

Formal determination of death due to workplace accident caused by failures in safety systems and precautions.

Orders

  • Recommendation that unguarded edges at construction sites be guarded with rigid barriers to appropriate height.
  • Recommendation for improved competence requirements and oversight for CDM co-ordinators.