FATAL ACCIDENT INQUIRY INTO THE DEATH OF KEVEIN WEST [2009] ScotSC 90 (31 March 2009)

FATAL ACCIDENT INQUIRY INTO THE DEATH OF KEVEIN WEST [2009] ScotSC 90 (31 March 2009)

The death of Kevin West was caused by traumatic asphyxia resulting from the collapse of an unsupported trench, which was inherently unstable and further compromised by the presence of a dumper truck. The accident was preventable by shoring the trench. Defects in the system of working included failure to provide safety inductions, failure to install trench shoring, operation of plant by an unqualified operator, unsafe positioning of heavy machinery, and lack of effective supervision. These failures constituted breaches of health and safety duties and directly contributed to the fatality.

Citation
[2009] ScotSC 90
Parties
Deceased: Kevin West; Employer/sub Contractor: WH Malcolm Ltd; Principal Contractor: Campbell Construction Group Ltd
Jurisdiction
Scotland
Judgment Date
31 March 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death by accident due to failures in health and safety precautions and supervision.
Legal Topics
Workplace Fatality, Employer Liability, Health and Safety Breaches, Construction Site Accident, Risk Assessment, Supervision and Training
Health and Safety Employment Law Construction Law Workplace Fatality Employer Liability Health and Safety Breaches Construction Site Accident Risk Assessment +1 more

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Parties

Kevin West

Deceased

WH Malcolm Ltd

Employer/sub Contractor

Campbell Construction Group Ltd

Principal Contractor

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What were the circumstances and causes of Kevin West's death?
  2. 2 What reasonable precautions could have prevented the accident?
  3. 3 What defects in the system of working contributed to the death?

Ratio Decidendi

The death of Kevin West was caused by traumatic asphyxia resulting from the collapse of an unsupported trench, which was inherently unstable and further compromised by the presence of a dumper truck. The accident was preventable by shoring the trench. Defects in the system of working included failure to provide safety inductions, failure to install trench shoring, operation of plant by an unqualified operator, unsafe positioning of heavy machinery, and lack of effective supervision. These failures constituted breaches of health and safety duties and directly contributed to the fatality.

Court Disposition

Death by accident due to failures in health and safety precautions and supervision.

Orders

  • The court determines that the death resulted from traumatic asphyxia due to trench collapse.
  • A reasonable precaution would have been the installation of trench shoring.