INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALEXANDER WILLIAM RIDDOCH [2010] ScotSC 146 (24 August 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALEXANDER WILLIAM RIDDOCH [2010] ScotSC 146 (24 August 2010)

No reasonable precautions by the deceased or employer were identified that would have prevented the accident; the system of work was not defective; the power company followed existing procedures, but the inquiry highlighted the lack of a national standard for re-energising locked out lines and recommended further review.

Citation
[2010] ScotSC 146
Parties
Deceased: Alexander William Riddoch; Employer: Maxwell Farms Limited; Power Line Owner: Scottish Hydro-electric Power Distribution Limited (SHEPDL)
Jurisdiction
Scotland
Judgment Date
24 August 2010
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
No reasonable precautions identified that would have prevented the death; no defect in system of work; no statutory breach found.
Legal Topics
Workplace Accident, Overhead Power Line Safety, Employer Liability, Electricity Distribution, Risk Assessment
Health and Safety Employment Law Public Utilities Law Workplace Accident Overhead Power Line Safety Employer Liability Electricity Distribution Risk Assessment

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Parties

Alexander William Riddoch

Deceased

Maxwell Farms Limited

Employer

Scottish Hydro-electric Power Distribution Limited (SHEPDL)

Power Line Owner

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 Whether reasonable precautions could have prevented the death of Alexander William Riddoch
  2. 2 Whether there was any defect in the system of work or statutory breach by the employer or power company
  3. 3 Whether the procedures for re-energising locked out power lines were adequate

Ratio Decidendi

No reasonable precautions by the deceased or employer were identified that would have prevented the accident; the system of work was not defective; the power company followed existing procedures, but the inquiry highlighted the lack of a national standard for re-energising locked out lines and recommended further review.

Court Disposition

No reasonable precautions identified that would have prevented the death; no defect in system of work; no statutory breach found.

Orders

  • Recommendation for national review of criteria and procedures for re-energising locked out overhead power lines.