INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DR. GRAHAM MELDRUM [2009] ScotSC 57 (05 January 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF DR. GRAHAM MELDRUM [2009] ScotSC 57 (05 January 2009)

The death of Dr. Graham Meldrum was caused by a workplace accident resulting from a combination of defective anti-luce fasteners and a faulty semi-automatic cam closure device on a tail lift, compounded by inadequate maintenance and insufficient training. The accident could have been avoided by proper maintenance of equipment and provision of adequate training. Failures in the maintenance and training regimes of Allied Bakeries and TNT Logistics contributed directly to the fatality.

Citation
[2009] ScotSC 57
Parties
Deceased: Dr. Graham Meldrum; Prosecutor: Crown; Interested Party: Ceva Logistics UK Limited (formerly TNT Logistics Ltd); Interested Party: Allied Grain Products Limited; Interested Party: Ryder Limited; Interested Party: Colin Hutton Group Limited; Interested Party: Zurich Risk Services
Jurisdiction
Scotland
Judgment Date
05 January 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death by accident at work due to defective equipment and inadequate maintenance and training.
Legal Topics
Workplace Accident, Equipment Maintenance, Employer's Duty of Care, Training Obligations, Defective Equipment, Agency Worker Liability
Health and Safety Employment Law Tort Law Workplace Accident Equipment Maintenance Employer's Duty of Care Training Obligations Defective Equipment +1 more

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Parties

Dr. Graham Meldrum

Deceased

Crown

Prosecutor

Ceva Logistics UK Limited (formerly TNT Logistics Ltd)

Interested Party

Allied Grain Products Limited

Interested Party

Ryder Limited

Interested Party

Colin Hutton Group Limited

Interested Party

Zurich Risk Services

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What caused the death of Dr. Graham Meldrum?
  2. 2 Were there reasonable precautions whereby the accident might have been avoided?
  3. 3 Did defects in the system of working contribute to the death?

Ratio Decidendi

The death of Dr. Graham Meldrum was caused by a workplace accident resulting from a combination of defective anti-luce fasteners and a faulty semi-automatic cam closure device on a tail lift, compounded by inadequate maintenance and insufficient training. The accident could have been avoided by proper maintenance of equipment and provision of adequate training. Failures in the maintenance and training regimes of Allied Bakeries and TNT Logistics contributed directly to the fatality.

Court Disposition

Death by accident at work due to defective equipment and inadequate maintenance and training.

Orders

  • Allied Bakeries and TNT Logistics admitted offences under the Health and Safety at Work etc Act 1974.
  • Recommendations for improved maintenance regimes and training for all drivers, including agency staff.