INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN CAMPBELL MACKINNON [2014] ScotSC 17 (17 January 2014)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF JOHN CAMPBELL MACKINNON [2014] ScotSC 17 (17 January 2014)

John Campbell MacKinnon died as a result of electrocution when the jib of his timber crane, extended while moving along a forest track, struck a high voltage overhead power line. The death resulted from a combination of inadequate risk communication, lack of robust pre-commencement procedures, confusion over responsibility for safety measures (goalposts and signage), and insufficient information provided to the haulage contractor. Reasonable precautions, including proper stowing of the crane, installation of compliant goalposts, and provision of site risk information, might have prevented the accident.

Citation
[2014] ScotSC 17
Parties
Deceased: John Campbell MacKinnon; Procurator Fiscal: The Crown; Interested Party: Forestry Commission; Interested Party: Scottish Hydro Electric Transmission PLC
Jurisdiction
Scotland
Judgment Date
17 January 2014
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Death by electrocution due to workplace accident; no criminal or civil liability determined.
Legal Topics
Workplace Fatality, Electrocution, Forestry Operations, Overhead Power Lines, Duty of Care, Risk Assessment, System of Work, Emergency Response
Health and Safety Employment Law Public Law Workplace Fatality Electrocution Forestry Operations Overhead Power Lines Duty of Care +3 more

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Parties

John Campbell MacKinnon

Deceased

The Crown

Procurator Fiscal

Forestry Commission

Interested Party

Scottish Hydro Electric Transmission PLC

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What were the circumstances and cause of John Campbell MacKinnon's death?
  2. 2 What reasonable precautions might have prevented the death?
  3. 3 Were there defects in the system of working that contributed to the death?

Ratio Decidendi

John Campbell MacKinnon died as a result of electrocution when the jib of his timber crane, extended while moving along a forest track, struck a high voltage overhead power line. The death resulted from a combination of inadequate risk communication, lack of robust pre-commencement procedures, confusion over responsibility for safety measures (goalposts and signage), and insufficient information provided to the haulage contractor. Reasonable precautions, including proper stowing of the crane, installation of compliant goalposts, and provision of site risk information, might have prevented the accident.

Court Disposition

Death by electrocution due to workplace accident; no criminal or civil liability determined.

Orders

  • Recommendation for robust pre-commencement meetings involving all contractors to clarify safety responsibilities.
  • Recommendation for installation of compliant goalposts and warning signage at worksites.