Decision to be made over possible FAI into security guard death

Apr 15 2010 by Chris Clements, Hamilton Advertiser

A DECISION has yet to be made on the possibility of a Fatal Accident Inquiry into the death of a security guard in Burnbank, the Advertiser has been told.

Thirty-seven-year-old Thomas Fraser was found unconscious in a flat at an construction site in Anne Street on February 6, 2008.

The Bellshill man, who lived alone, had been killed while on duty by a build-up of carbon monoxide fumes in the flat, part of a £2.2m development by Clyde Valley Housing Association, who were fined last month in relation to the incident.

The dangerous fumes came from a portable petrol generator used to heat and light the room.

This week, a Crown Office spokesman did not rule the possibility of a Fatal Accident Inquiry, but added that further criminal proceedings were still being considered.

He explained: “As further criminal proceedings are under consideration, a decision regarding a Fatal Accident Inquiry will not be made for some time.

“The Health and Safety Executive’s Prosecution Report concerned two organisations.

“The case against the second remains under consideration. It would be inappropriate to comment further at this time.”

Last month at Hamilton Sheriff Court, Clyde Valley Housing Association were fined £70,000 after admitting a charge of breaching the Health and Safety Work Act.

The Motherwell-based company pleaded guilty to failing to ensure that the deceased had adequate understanding on how to operate the petrol heater safely.

While Mr Fraser was employed by Alpha Securities, Clyde Valley Housing admitted blame for the his death.

In 2008, the Advertiser reported how Mr Fraser had been found just feet away from the generator that had been used to light and heat the unfinished flats, prompting a Health and Safety Executive probe.

People living nearby were stunned by the death of a man who they described as “quiet and helpful.”

Mr Fraser was found dead behind the door at about 7.30pm by two other security guards, one of whom was about to change shifts with him.

Mr Fraser and his colleagues used the ground-floor apartment - which had inadequate ventilation - as an office during shift duties.

Although an ambulance was called, paramedics were unable to revive Mr Fraser and he was pronounced dead at the scene.

Mr Fraser - who started work at 8am that morning - lived alone at McLean Drive, Bellshill.

Irene Callaghan, owner of nearby Irene’s Cafe and Takeaway, Anne Street, told the Advertiser was a regular customer to the cafe, and described him as a “lovely lad”.

She added: “He was a really nice lad. He came into the shop each day and if he saw me struggling with the shutters he would always come over and give me a hand.”

At court last month, Sheriff Douglas Brown told Clyde Valley Housing that the fine would have been £100,000 had the association not pleaded guilty.

The association, based in Scott Street, was established in 1996 as a registered social landlord, and is run by a voluntary board of management elected by its membership.

Following the court case, a spokesman expressed the association’s sympathy and regret over the death of Mr Fraser.