It was on February 19 last year when work to close down sewage pipes that the fatal accident occurred. A shaft about four meters deep had been dug and Thomas Ekenstein was down in the shaft when one side collapsed. The amount of soil that was loosened buried him completely. Three colleagues tried to dig him out but when they found him he was lifeless.

Protective device was not used

Hedemora Energie AB who commissioned the work had identified a racial risk. It was also decided that the work would not be carried out at a fixed price, but at a so-called "current account", in order to avoid that the contractor would be in need of time that could jeopardize the security work.

A protective device, a kind of cage to protect in the race, stood according to the police patrol called to the site some 30 meters away.

The CEO of the responsible company was indicted for serious work environment violations. He has refused a crime and is now released by Falu district court.

According to the judgment, the CEO stated that the company was always very clear that the protective device, a so-called spontaneous cassette, would be used at all times.

Prosecution: Contractor did not follow instructions

According to the indictment, the contractor who performed the work and assumed responsibility for the work environment would not have followed the safety instructions that existed. The CEO who was responsible for the company would also not have controlled risk mitigation measures and according to the indictment he should also have failed to provide the employees with sufficient knowledge of the safety required to perform the work.

According to the district court's judgment, all but one who was involved in the work had very long experience of the data. It has also not been proven other than that they had the knowledge required to perform the job safely.

The prosecutor had applied for a company fine of SEK 1.5 million. It is rejected as no crime has been committed under Falun district court.