FATAL ACCIDENT INQUIRY INTO THE DEATH OF IAN MORRISON UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2010] ScotSC 87 (17 May 2010)

FATAL ACCIDENT INQUIRY INTO THE DEATH OF IAN MORRISON UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2010] ScotSC 87 (17 May 2010)

The death of Ian Morrison resulted from an industrial accident caused by ignition of flammable waste paint thinners in a drum during hot work. The accident and death might have been avoided had management and staff adhered to Health and Safety Executive guidance, conducted proper risk assessments, and ensured awareness of hazards. There was insufficient evidence of a systems failure justifying a finding under Section 6(1)(d).

Citation
[2010] ScotSC 87
Parties
Deceased: Ian Morrison; Employer: Ross Agri Services; Prosecutor: Crown (Procurator Fiscal)
Jurisdiction
Scotland
Judgment Date
17 May 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death determined to have resulted from an industrial accident; recommendations made for improved health and safety practices.
Legal Topics
Workplace Accident, Risk Assessment, Employer Liability, Industrial Safety, Hot Work Hazards
Health and Safety Employment Law Coronial Law Workplace Accident Risk Assessment Employer Liability Industrial Safety Hot Work Hazards

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Parties

Ian Morrison

Deceased

Ross Agri Services

Employer

Crown (Procurator Fiscal)

Prosecutor

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether the death of Ian Morrison could have been avoided by adherence to health and safety guidance
  2. 2 Whether Ross Agri Services had adequate systems for risk assessment and management of hazardous work
  3. 3 Whether there was a failure of any system of working justifying a finding under Section 6(1)(d) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

Ratio Decidendi

The death of Ian Morrison resulted from an industrial accident caused by ignition of flammable waste paint thinners in a drum during hot work. The accident and death might have been avoided had management and staff adhered to Health and Safety Executive guidance, conducted proper risk assessments, and ensured awareness of hazards. There was insufficient evidence of a systems failure justifying a finding under Section 6(1)(d).

Court Disposition

Death determined to have resulted from an industrial accident; recommendations made for improved health and safety practices.