INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF GRAEME FRASER DUTHIE [2009] ScotSC 142 (02 September 2009)

INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF GRAEME FRASER DUTHIE [2009] ScotSC 142 (02 September 2009)

The accident and resulting death would not have occurred if Mr Duthie had not climbed onto the roof rack of his van, a practice that is widespread but unregulated. The absence of specific health and safety guidance or regulation regarding loading and unloading vans contributed to the unsafe practice. There were no defects in any system of working at Orchard Timber Supplies that contributed to the accident. A strategy involving education, regulation, and guidance is needed to prevent similar accidents.

Citation
[2009] ScotSC 142
Parties
Deceased: Graeme Fraser Duthie; Procurator Fiscal Depute (for the Crown): Mrs Kennedy; Interested Party: Orchard Timber Supplies
Jurisdiction
Scotland
Judgment Date
02 September 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Formal determination made under sections 6(1)(a)-(e) of the 1976 Act; recommendations for regulatory action.
Legal Topics
Workplace Safety, Loading and Unloading Vehicles, Employer Liability, Fatal Accident Inquiry
Health and Safety Coronial Law Workplace Safety Loading and Unloading Vehicles Employer Liability Fatal Accident Inquiry

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Parties

Graeme Fraser Duthie

Deceased

Mrs Kennedy

Procurator Fiscal Depute (for the Crown)

Orchard Timber Supplies

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether reasonable precautions could have prevented the death
  2. 2 Whether defects in any system of working contributed to the death
  3. 3 Whether there is a need for regulatory intervention regarding van roof rack safety

Ratio Decidendi

The accident and resulting death would not have occurred if Mr Duthie had not climbed onto the roof rack of his van, a practice that is widespread but unregulated. The absence of specific health and safety guidance or regulation regarding loading and unloading vans contributed to the unsafe practice. There were no defects in any system of working at Orchard Timber Supplies that contributed to the accident. A strategy involving education, regulation, and guidance is needed to prevent similar accidents.

Court Disposition

Formal determination made under sections 6(1)(a)-(e) of the 1976 Act; recommendations for regulatory action.

Orders

  • Recommendation that the Health and Safety Executive devise and implement a strategy for improving the safety of loading and unloading operations involving vans, including education, review of roof rack design, and regulation/guidance.